GENERAL TERMS OF SERVICE VYLORNODE
Article 1. Definitions
1.1VylorNode: the sole proprietorship of Djamiro Nijhuis, registered with the Dutch Chamber of Commerce under number 42105657 (VAT NL005497092B28), provider of hosting services.
1.2Customer: any natural person or legal entity that enters into an agreement with VylorNode or creates an account.
1.3Consumer: a customer acting for purposes outside a business or professional activity.
1.4Business customer: a customer acting in the course of a business or profession.
1.5Services: all services offered by VylorNode, including FiveM hosting, Minecraft hosting, VPS hosting, web hosting, server management, support, partner services and additional digital services.
1.6Account: the customer account through which the customer can order, manage and pay for services.
1.7Panel: the online control panel or dashboard through which the customer can manage services.
1.8Content: all data, files, scripts, plugins, mods, databases, configurations, websites, messages and other materials placed on the services by or on behalf of the customer.
1.9Agreement: the agreement between VylorNode and the customer.
1.10AUP: the Acceptable Use Policy of VylorNode.
1.11SLA: the Service Level Agreement of VylorNode, where applicable.
Article 2. Applicability
2.1These Terms of Service apply to all offers, quotations, agreements, services, subscriptions, renewals, support and other legal relationships between VylorNode and the customer.
2.2Deviations from these terms are only valid if confirmed in writing by VylorNode.
2.3The applicability of the customer’s general terms and conditions is expressly excluded.
2.4If a provision is invalid or voidable, the remaining provisions remain fully in force. The parties will replace the invalid provision with a valid provision that reflects the purpose of the original provision as closely as possible.
2.5In the event of conflict between documents, the following order of priority applies:
Article 3. Offers and formation of the agreement
3.1All offers from VylorNode are non-binding unless expressly stated otherwise.
3.2The agreement is formed when the customer places an order and VylorNode accepts it, or when VylorNode begins delivery.
3.3VylorNode may refuse orders in case of suspected fraud, abuse, sanctions risk, incorrect information, previous non-payment, violations or technical impossibility.
3.4Obvious errors in prices, specifications or descriptions do not bind VylorNode.
3.5VylorNode may perform reasonable verification, including email verification, payment checks, fraud checks or identity checks where necessary.
Article 4. Account registration and security
4.1The customer must provide accurate, current and complete information.
4.2The customer is responsible for securing the account, passwords, API tokens, SSH keys, panel users and connected accounts such as Discord.
4.3The customer must immediately report unauthorized access or suspected unauthorized access.
4.4Actions performed through the account are deemed to have been performed by or on behalf of the customer, unless the customer demonstrates that the activity resulted from abuse not attributable to the customer.
4.5VylorNode may impose security measures, such as MFA, password resets or temporary blocking.
Article 5. Minors
5.1A customer under the age of 18 may only place an order with the consent of a parent or legal representative, where legally required.
5.2VylorNode may cancel an order or request additional consent if there is reasonable doubt about the customer’s authority.
5.3The person who pays or gives consent remains responsible for payment and use of the service.
Article 6. Services and delivery
6.1VylorNode provides hosting services based on the selected specifications, such as RAM, CPU, storage, slots, network, location and term.
6.2Specifications are indicative unless expressly guaranteed.
6.3VylorNode may change underlying technology, nodes, panel software, data centers or suppliers where necessary for security, continuity, performance or business operations.
6.4The customer has no right to a specific physical server, node or IP address unless agreed in writing.
6.5Delivery takes place digitally via the account, panel, email or other electronic communication.
6.6External platforms and terms may apply to game hosting, such as FiveM/Cfx.re, Minecraft/Mojang/Microsoft or other game publishers. The customer is responsible for compliance with those terms.
Article 7. Payment, invoices and Stripe
7.1Payments are processed through the payment methods offered by VylorNode, including Stripe.
7.2The customer must pay invoices before the due date.
7.3Subscriptions may be invoiced in advance.
7.4VylorNode may suspend services in the event of overdue payment.
7.5Payment costs, chargeback fees, collection costs and reasonable administrative costs may be charged to the customer to the extent permitted by law.
7.6In case of an unjustified chargeback, VylorNode may suspend the account and claim outstanding amounts.
7.7Prices are displayed including or excluding VAT depending on the customer category and the display in the checkout. The final price is shown in the checkout and invoice.
7.8The customer is responsible for correct invoice details, VAT number and address details.
Article 8. Subscriptions, renewal and cancellation
8.1Services are provided for the selected term.
8.2Subscriptions are automatically renewed where this is stated during ordering or reasonably follows from the nature of the service.
8.3The customer may cancel through the customer panel or support, subject to the cancellation period stated for the service.
8.4Cancellation terminates the service at the end of the current period, unless otherwise stated.
8.5Upon termination, services are deleted after the retention period. The customer must make their own backups before termination.
8.6VylorNode may terminate a service in case of violation, abuse, non-payment, legal necessity, security risk or discontinuation of a product.
Article 9. Right of withdrawal and refunds
9.1Statutory rights may apply to consumers for online purchases, including the right of withdrawal.
9.2The specific rules are set out in the Refund and Withdrawal Policy.
9.3Digital services may be delivered immediately. If the consumer expressly requests immediate delivery and acknowledges that the right of withdrawal may expire once the service has been fully delivered or put into use, refunds may be limited to the extent permitted by law.
9.4Business customers have no statutory right of withdrawal unless agreed in writing.
9.5Refunds are not provided in case of violation of the AUP, fraud, abuse, chargeback fraud or termination due to a serious violation, to the extent permitted by law.
Article 10. Acceptable use
10.1The customer must comply with the AUP.
10.2Prohibited activities include DDoS, malware, phishing, spam, copyright infringement, illegal content, botnets, credential theft, cheats, backdoors, abuse of resources and activities that may damage VylorNode or third parties.
10.3VylorNode may take measures in case of violation, including warning, throttling, blocking, removal, suspension, termination or reporting to competent authorities.
10.4The customer is fully responsible for content and activity on their service, including where third parties have obtained access.
Article 11. Resources, fair use and performance
11.1Resources are provided based on the selected package.
11.2Unlimited or generous descriptions do not mean that use is without limits. Fair use always applies.
11.3VylorNode may intervene where resource usage harms the stability, security or performance of nodes or other customers.
11.4VylorNode may apply limits to CPU, RAM, disk I/O, network, processes, databases, email, backups and API requests.
11.5The customer may not perform benchmarks, stress tests or load tests without prior permission.
Article 12. Backups and data
12.1The customer is primarily responsible for their own backups.
12.2If VylorNode offers backups, this is an additional service without an absolute guarantee of recoverability, unless agreed otherwise in writing.
12.3Backups may be excluded for large datasets, abuse, illegal content or technical limitations.
12.4VylorNode may delete data after termination, cancellation, non-payment or violation.
12.5The customer must independently export important data.
Article 13. Maintenance and incidents
13.1VylorNode may perform scheduled and unscheduled maintenance.
13.2VylorNode attempts to announce scheduled maintenance in advance where reasonably possible.
13.3Emergency maintenance may be performed without prior notice in case of a security risk, incident or imminent damage.
13.4Incidents only give rise to compensation if expressly provided for in the SLA.
Article 14. Support
14.1Support is provided through the channels indicated by VylorNode, such as ticket, email or Discord.
14.2Support generally includes assistance with the services provided by VylorNode. Custom work, script development, debugging of customer code, plugins or external software is not automatically included.
14.3VylorNode may charge additional fees for work outside standard support after prior notice.
14.4Abuse, threats or aggressive behavior towards support may lead to restriction of support or termination of services.
Article 15. Intellectual property
15.1All rights to the website, trademarks, logos, trade names, panel designs, documentation and systems of VylorNode remain with VylorNode or its licensors.
15.2The customer retains rights to their own content, insofar as the customer lawfully holds those rights.
15.3The customer grants VylorNode the necessary license to technically host, back up, copy, migrate and secure content.
15.4The customer guarantees that content does not infringe third-party rights.
Article 16. Privacy and data protection
16.1VylorNode processes personal data in accordance with the Privacy Policy.
16.2Where VylorNode processes personal data on behalf of the customer, a Data Processing Agreement may apply.
16.3The customer is responsible for their own privacy obligations towards end users, players, visitors and staff.
16.4The customer may not store special categories of personal data or sensitive data without a proper legal basis, security and written agreements.
Article 17. Suspension and termination by VylorNode
17.1VylorNode may immediately suspend or restrict services in case of:
17.2Where appropriate, VylorNode informs the customer of the reason and possible remedy.
17.3In case of serious violations, VylorNode may terminate without a cure period.
17.4VylorNode may delete data where necessary or after termination of the agreement.
Article 18. Notice-and-action and objection
18.1Reports about illegal content or abuse may be sent to abuse@vylornode.com.
18.2VylorNode assesses reports carefully and may take measures.
18.3Where VylorNode restricts a service due to content or abuse, the customer may object via support, unless this is legally or security-wise not possible.
18.4The procedure is further described in the Abuse and Notice-and-Action Policy.
Article 19. Liability
19.1VylorNode makes efforts to provide reliable services but does not guarantee error-free or uninterrupted operation unless expressly agreed.
19.2VylorNode is not liable for indirect damages, consequential damages, lost profits, lost revenue, data loss, reputational damage, missed savings or business interruption, to the extent permitted by law.
19.3For business customers, total liability is limited to the amount paid by the customer for the affected service in the three months preceding the incident, with a maximum of EUR 250, unless mandatory law provides otherwise.
19.4For consumers, this limitation does not apply to the extent it would be unreasonable or prohibited by law.
19.5VylorNode is not liable for damage caused by software, plugins, mods, scripts, settings or content of the customer or third parties.
19.6Nothing in these terms limits liability for intent or deliberate recklessness of VylorNode where limitation is not permitted by law.
Article 20. Indemnification
20.1The customer indemnifies VylorNode against third-party claims arising from content, use of the services, violation of these terms, infringement of third-party rights or actions of users under the customer’s responsibility.
20.2The customer reimburses reasonable costs incurred by VylorNode due to such claims, including legal costs, to the extent permitted by law.
Article 21. Force majeure
21.1VylorNode is not required to perform in case of force majeure.
21.2Force majeure includes power failures, network failures, data center incidents, DDoS attacks, fire, war, strikes, government measures, supplier outages, cyber incidents, hardware failure and other circumstances beyond reasonable control.
21.3In case of prolonged force majeure, either party may terminate the agreement without damages.
Article 22. Changes
22.1VylorNode may amend these terms.
22.2Material changes will be announced in advance via email, website or customer panel.
22.3If the customer does not agree with material changes, the customer may cancel the service before the change takes effect, where legally required.
22.4Continued use after the effective date constitutes acceptance, unless mandatory law provides otherwise.
Article 23. Transfer
23.1VylorNode may transfer rights and obligations to a legal successor, for example in case of conversion to a private limited company, sale or restructuring.
23.2The customer may not transfer rights or obligations without written permission from VylorNode.
Article 24. Complaints and disputes
24.1Complaints may be submitted via support@vylornode.com.
24.2VylorNode attempts to handle complaints within a reasonable period.
24.3Dutch law applies to the agreement.
24.4Disputes will be submitted to the competent court in the Netherlands, unless mandatory consumer law designates another court.
Article 25. Contact
VylorNode Djamiro Nijhuis Chamber of Commerce: 42105657 · VAT NL005497092B28 Email: djamiro@vylornode.com Support: support@vylornode.com Abuse: abuse@vylornode.com Security: abuse@vylornode.com Website: https://vylornode.com