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Hosting Terms

Last updated: Jan 2, 2025Effective: Feb 13, 2024Version: 1.6

1.Introduction & Agreement Structure

These General Terms govern orders placed through infraista.com and account registration on the Infraista platform. "We", "us", or "our" means Infraista Ltd., registered in England and Wales, with its registered office at 85 Great Portland Street, First Floor, London, England, W1W 7LT.

Specific service terms appear in Schedules referenced herein. By registering or ordering, you accept these General Terms and applicable Schedules. We may amend Terms by posting updates on the Website and emailing customers.

You must be at least 18 years old to register and submit orders.

2.Key Definitions

  • Agreement: The binding contract formed upon Order Acceptance for provision of Services.
  • Account: Your Infraista Cloud Console account.
  • Services: Cloud Servers (VPS), GPU servers, dedicated servers, Cloud Workspaces, managed Kubernetes, managed databases, object storage, Floating IPs and networking, DDoS protection, and related products described in Schedules.
  • Material: All content, software, and data you upload, store or run via Services.
  • Fees: Charges payable per Order Acceptance and Website pricing, whether prepaid or metered.
  • Business Customer: A customer acting in trade, business, craft, or profession.
  • Consumer: An individual acting outside trade, business, craft, or profession.

Precedence: Order Acceptance prevails over General Terms, which prevail over Schedules.

3.Account Registration

  • Orders require a registered Account with a valid, regularly accessed email address and a saved payment method.
  • You are responsible for username/password confidentiality and all Account activity. We recommend turning on two-factor authentication.
  • Temporary or third-party email registrations may be closed without notice.
  • We may reject registrations at our discretion.

4.Placing Orders & Payment

  • Orders constitute offers until we issue Order Acceptance. Fees are charged in USD unless stated otherwise.
  • Payments are taken by card through our payment processor, Stripe. Services activate after payment is confirmed.
  • Prepaid credit on your Account is used first. Usage is metered hourly and invoiced monthly to your default payment method.
  • Orders placed through the website checkout are prepaid for the chosen term: monthly, or annual (11 months paid, 1 month free). Annual plans renew automatically until cancelled.
  • Orders may be canceled before acceptance with refund of prepaid Fees.
  • Order Changes: Contact support promptly for corrections; changes may incur administrative fees.

5.Provision of Services

We warrant reasonable skill and care, professional delivery, and compliance with applicable law. We do not warrant Services meet every individual requirement.

  • "Unlimited" or unmetered features are subject to the Fair Usage Policy.
  • Services may be unavailable during maintenance; we target 99.9% availability. The Service Level Agreement covers Cloud Servers (VPS).
  • We may relocate Services between internal and third-party infrastructure without prior notice.
  • Cloud Servers, GPU and dedicated servers are Internet-accessible; we do not guarantee data security on servers you manage.

6.Your Obligations

Provide accurate information, cooperate with support, report faults and abuse promptly, and secure credentials.

Material & usage requirements

  • Material must not infringe IP rights, distribute spam, impose disproportionate load on shared infrastructure, or contain malware.
  • No peer-to-peer sharing or public file distribution without authorization.
  • No trial-code or promotion abuse.
  • You warrant ownership and rights to all Material hosted.

Backups & suspension

  • Your Backup Duty: Maintain regular full backups. Included or courtesy snapshots carry no guarantee. Restoration minimum $25 when available.
  • We may suspend Services impacting other customers (compromised servers, malware, outbound DDoS, abusive traffic) and require remediation before reinstatement.
  • We may remove objectionable Material at our discretion.

7.Support Services

Support is provided via Account ticketing, 24/7. We use reasonable endeavours to respond but guarantee no specific outcome or timeframe.

  • Excluded: lost/corrupted Material, backup failures, issues from your breach, and software or configuration you manage on your own servers.
  • Support is included at no extra charge with each Agreement.

8.Fees & Chargebacks

  • Metered usage is invoiced monthly; prepaid terms are charged in advance. Unpaid invoices after 14 days may result in cancellation without notice.
  • Fee increases require 3 days notice; you may cancel if you reject increases.
  • Chargebacks: Chargebacks against valid invoices are treated as serious breaches. Minimum $250 administrative charge; Services may be suspended; restoration $25+ per service after dispute resolution.
  • Restoration: Minimum $25 per restored service; remote hands access $75 on applicable dedicated servers.

9.Promotional Pricing, Trials & Account Abuse

Introductory and promotional rates exist so that genuine new customers can try the Services at low risk. They are a one-time concession, not a recurring entitlement, and the following terms apply to every Order placed at a promotional rate.

Eligibility

  • New Customers Only: Introductory pricing is available once per customer, not once per account. "Customer" means the individual or organisation behind the Account, however many Accounts, names, email addresses, or payment methods are used.
  • One Per 12 Months: Only one promotional or introductory term may be claimed per customer, household, or organisation in any 12-month period, across all Services.
  • Verification: We may require identity, address, or payment verification before activating an Order at a promotional rate, and may decline to activate it until verification is provided.
  • Renewal Rate: Promotional rates apply to the first billing term only. Every subsequent term renews at the standard rate published at the time of renewal.

Circumvention

  • Opening multiple Accounts, or using alternative names, email addresses, companies, or payment methods, in order to obtain introductory pricing more than once is a material breach of this Agreement.
  • We may link Accounts we reasonably believe to be controlled by the same customer and apply this policy across all of them.
  • Our Remedies: Where circumvention is identified we may re-rate the affected Services to the standard rate and invoice the difference, suspend or terminate any or all linked Accounts without refund, and decline future Orders.

Leaving during a promotional term

  • Discount Clawback: Where a Service ordered at a promotional rate is cancelled, terminated for breach, or lapses for non-payment before completing three consecutive paid terms at the standard rate, the discount is forfeited and the difference between the promotional rate and the standard rate for the terms already supplied becomes immediately payable.
  • Promotional discounts have no cash value, are not transferable, and are not refundable.

Non-payment, suspension & grace periods

  • No Pause: Suspension for non-payment does not pause, extend, or otherwise alter the billing term. Fees continue to accrue for the period the Service remains allocated to you.
  • Extensions Are Discretionary: Any extension of a payment deadline or grace period is granted at our sole discretion as a one-off courtesy. It is not a right, creates no precedent, and may be refused without reason.
  • When Extensions Are Unavailable: Extensions are not available where the Service is still in its first or promotional term, where an extension has already been granted in the preceding 12 months, or where any linked Account has an outstanding balance.
  • While In Arrears: While an Account has an outstanding balance we may restrict resource allocation, block outbound email (SMTP) from your servers, decline upgrades or additional Services, and withhold courtesy backup restoration. You retain the ability to export your own content in accordance with our Privacy Policy.

Fair use during promotional and unpaid periods

  • Promotional, trial, and suspended-but-unpaid Accounts remain fully subject to the Fair Usage Policy.
  • Consuming resources disproportionate to the Fees paid — including using an introductory or grace period principally to stage, generate, accumulate, or export large volumes of data — is a breach and may result in immediate suspension without notice or refund.

10.Data Protection

Personal data processing is governed by our Privacy Policy, incorporated into these Terms.

11.Intellectual Property

  • Infraista owns IP in Services and allocated IP addresses (non-portable on termination).
  • You receive a non-exclusive licence to use Services and assigned IPs during the Agreement.
  • You own Material IP subject to Agreement obligations and grant us a licence to host it.
  • Third-party software you run on your servers is licensed under its own terms; support depends on vendor cooperation.

12.Ending the Agreement

  • Consumers: statutory rights apply for faulty services. See the cancellation pathways in this section.
  • 30-Day Cancellation: Cancel within 30 days of Order Acceptance for a full refund of prepaid Fees, except usage already metered, dedicated server setup, and issued third-party licences.
  • Business customers ending without fault: notice effective end of calendar month; prepaid Fees non-refundable except as required by law.
  • Contact support or +1 587 997 8573 to initiate cancellation.

13.Termination & Service Problems

  • We may terminate with 5 Business Days notice (pro-rata refund) or immediately for breach, insolvency, or non-payment after 14-day reminder.
  • On termination, Material is deleted from servers, databases and storage — maintain backups at all times.
  • Fees for issued third-party licences are non-refundable.
  • Report service problems via Account ticketing. Consumer Rights Act 2015 remedies apply to Consumers.

14.Limitation of Liability (Consumers)

Consumer statutory rights are unaffected. We do not exclude liability for fraud, death/personal injury from negligence, or non-excludable consumer protections.

We are liable for foreseeable loss from breach or negligence, not indirect or commercial losses. Services are for domestic/private use unless agreed otherwise.

15.Limitation of Liability (Business Customers)

Business Customers: our aggregate liability is capped at the greater of 110% of Fees paid in the prior 12 months or $4,000. We exclude indirect, consequential, and data-loss damages except where law prohibits.

16.Notices & Events Outside Control

Notices must be in writing to registered addresses. Events Outside Our Control (strikes, natural disaster, telecom failure, etc.) suspend obligations; either party may cancel after 4 weeks.

17.Complaints & General Provisions

  • Complaints: contact [email protected]; escalations receive director review within 15 Business Days.
  • Records retained six years. See our Privacy Policy for how we handle personal data.
  • Agreement governed by the law of England and Wales. Consumers: courts of England and Wales unless mandatory local jurisdiction applies.
  • No third-party rights. We may assign; you may not without written consent.