Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the services provided by XMART Server LTD (“XMART”, “we”, “us”), a company registered in the United Kingdom. By ordering, paying for, or otherwise using any XMART service, you (“Client”) agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

2. Services

XMART Server LTD provides professional technical services including, but not limited to:

• Dedicated server sales and provisioning

• VPS setup and configuration

• Windows server installation and troubleshooting

• Server management and optimization

• Hosting and infrastructure support

• Web and WordPress-related server services

Dedicated servers and VPS plans are provisioned according to the specifications and options selected at the time of order. Provisioning timelines may vary depending on hardware availability, licensing requirements, and any verification checks required before setup.

All services are provided on a best-effort basis and according to the scope described at the time of purchase.

3. Client Responsibilities

The Client agrees to:

• Provide accurate and complete information when ordering or requesting services

• Ensure they have legal ownership or authorization to access and manage the server, VPS, or system in question

• Provide required credentials, access details, or verification information in a timely manner

• Keep any account, control panel, or server credentials issued by XMART Server LTD confidential and secure

• Maintain independent backups of their data; XMART Server LTD is not responsible for data loss unless backup services have been explicitly purchased

• Ensure that any third-party software, applications, or licenses installed or used on their server are properly licensed and used in accordance with the relevant vendor’s terms

XMART Server LTD is not responsible for issues, downtime, or data loss caused by incomplete, incorrect, or delayed information from the Client.

4. Authorization & Access

By ordering services, the Client confirms that:

• They own the server or system, or have explicit permission from its owner to authorize work on it

• They accept responsibility for any changes made under their authorization

• They authorize XMART Server LTD staff to access, configure, and manage the ordered service to the extent reasonably necessary to deliver the setup, support, maintenance, or troubleshooting requested by the Client

We reserve the right to refuse or suspend service if authorization is unclear, cannot be verified, or is suspected to be unlawful.

5. Payments & Billing

• All services are paid in advance, unless otherwise agreed in writing

• Prices are listed in the selected currency at the time of order

• Invoices must be paid in full before work begins or before a service is provisioned

• Subscription and recurring services are billed according to the billing cycle selected at checkout (for example, monthly, quarterly, or annually); renewal invoices are generated ahead of each due date

• Invoices are due on the date shown on the invoice

• Payments are currently made manually through the client area for each invoice; XMART Server LTD does not automatically charge a saved payment method unless this is separately agreed with the Client in writing

Late or non-payment may result in additional fees where applicable to your account, and may lead to service suspension or termination as described in Section 8 (Service Suspension) and Section 11 (Termination).

6. Refund Policy

Refunds are governed by our separate Refund Policy, available on our website. Where the two documents differ on refund-specific matters, the Refund Policy takes precedence.

As a general rule, once a service has been delivered, provisioned, or work has started, refunds may not be available.

7. Acceptable Use

When using XMART Server LTD services, the Client agrees not to:

• Use the service for any unlawful, fraudulent, or malicious purpose

• Distribute malware, launch attacks, or engage in activity that disrupts our infrastructure or any other network or system

• Send unsolicited bulk email (spam) or engage in phishing

• Infringe on the intellectual property or privacy rights of others

• Attempt to circumvent security measures on our infrastructure or on any other system

• Resell or sublicense the service without our prior written consent, unless the purchased plan explicitly permits resale

We reserve the right to investigate suspected violations of this Acceptable Use section and to take appropriate action, including suspension or termination of the service.

8. Service Suspension

XMART Server LTD may suspend a service, in whole or in part, where:

• An invoice remains unpaid after its due date

• Suspected abuse, fraud, or a breach of these Terms (including the Acceptable Use section) is being investigated

• Suspension is reasonably necessary to protect our infrastructure, other clients, or third parties

Suspension may include restricting access to the server, control panel, or related systems until the matter is resolved. We will aim to notify the Client of the reason for suspension where reasonably possible. Continued non-payment or an unresolved violation following suspension may lead to termination as described in Section 11.

9. Limitation of Liability

XMART Server LTD shall not be liable for:

• Data loss

• Business interruption

• Downtime

• Loss of revenue or profits

Our liability is limited to the amount paid for the specific service.

10. No Guarantees

While we aim to deliver high-quality, reliable services, we do not guarantee:

• Specific performance results

• Uninterrupted or error-free service availability

• Compatibility with third-party software, applications, or providers not supplied by us

Any indicative availability or performance information provided outside these Terms is for general guidance only and does not constitute a guarantee or service level commitment unless separately agreed in writing.

11. Termination

The Client may request cancellation of a service at any time by contacting XMART Server LTD or through the client area, subject to the notice requirements of the selected billing cycle and our Refund Policy.

We reserve the right to suspend or terminate services if:

• These Terms are violated

• Illegal activity is detected

• Abuse, fraud, or misuse is suspected and not resolved after notice

• Invoices remain unpaid following the suspension period described in Section 8

Upon termination, access to the service and any data stored on it may be removed. The Client is responsible for taking their own backups before cancellation, and before non-payment leads to termination.

12. Changes to Terms

XMART Server LTD may update these Terms at any time. Continued use of services implies acceptance of updated Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the United Kingdom.

14. Contact Information

XMART Server LTD
Website: https://xmartserver.com
Email: support@xmartserver.com