Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. If the sums due are equal to or greater than £100 we may at our discretion forward the debt to a collection agency of our choice.
If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
If you are a and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund of any credit added to your account within 7 days. Any credit older than 7 days is not eligible for a refund.
No refunds will be made if we terminate your services due to violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
Credit on your account older than 7 days cannot be refunded and must be used for purchases and renewals.
Credit added via a promotion, with or without a promo code, is excluded from the 7 day money back guarantee.
Delivery of Services
Immediately upon successful payment you will receive a credit of the funded amount. The account credit will allow you to create Virtual Servers which will be delivered within 1 minute of clicking deploy.
Once credit is added to your account you will be able to order services as long as the cost of the server is equal to or less than the value of credit in your account.
All orders are delivered electronically via the control panel and email, If you have any questions about your order please contact us at firstname.lastname@example.org
Our trading hours are 365 Days a Year, 24/7. Normally we will respond to support requests within 4 hours of receiving your enquiry.
The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country.
We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method
General Terms and Policies
The Service is provided to authorised persons or organisations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage - If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Grounds for Suspension and Termination
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for DevCapsule to suspend or terminate your account. You agree that DevCapsule has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
* Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.
* Providing fake or incomplete contact details, including name, postal address and telephone number.
* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
* Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued, we reserve the right to remove your account any deny any future business.
* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, DevCapsule may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
* Security - You agree not to access or attempt to access private areas of the Service. You agree to notify DevCapsule as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
* Intellectual Property - DevCapsule does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse@DevCapsule.com.
* Continuing a specific identification of the allegedly infringing material and the location(s) on DevCapsule facilities where the materials are to be found. Upon receipt of such written notice, DevCapsule will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If DevCapsule receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, DevCapsule will send you a copy of that notification. Unless you notify DevCapsule of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
* Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by DevCapsule, neither DevCapsule nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. DevCapsule neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that DevCapsule is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet,
DevCapsule equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless DevCapsule and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
* You agree that, should you use the Service to send or receive voice communications, DevCapsule is not acting as a telecommunications carrier or telephone, that there is no representation made by DevCapsule as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that DevCapsule has no liability of any sort for the failure or lack of quality of such use of the Service.
* You agree to be liable for any damages or loss of service which results in damages to DevCapsule as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that DevCapsule may pursue any such claims against you in Court.
* You agree that in no event will DevCapsule have financial liability to you.
* Warranty - DEVCAPSULE MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD DEVCAPSULE ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY DEVCAPSULE OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY DEVCAPSULE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; DEVCAPSULE DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. DEVCAPSULE DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
ContentYou understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may
be offensive to you or users for whom you are responsible. DevCapsule has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
PrivacyDevCapsule will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service.
We do not store credit card details nor do we share customer details with any 3rd parties
DisputesYou agree that any dispute between you and DevCapsule arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and DevCapsule will be submitted by the aggrieved party for binding arbitration under the auspices of the English law.
Governing LawThese Terms and Policies are governed in all respects under English, United Kingdom laws.
Cancellation ProcedureCancellation requests can be submitted via the control panel. To do this, select the manage tab from the service you wish to cancel and press “Delete”. The service will then be terminated with immediate action.
It is your responsibility to ensure any paypal subscriptions you have setup are cancelled. Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.
Within 24hr GuaranteeThe Within 24hr Guarantee is only valid to customers that have provided the correct information. If incorrect information is provided and causes the time taken to provide the service is increased because of this, then you are exempt from this guarantee. If the server that we are trying to add the service to goes down during the process, then you become except from the guarantee. If you qualify for the guarantee and we fail to provide the service within 24hrs you are entitled to a full refund.
Last amended September, 2017
DevCapsule Ltd. Suite 19, Lowry Mill, Lees Street, Swinton, M27 6DB, United Kingdom