Terms of Service

1. Acceptance of Terms

By accessing or using Kvmcloud Network CO., LIMITED's services, website (kvm.hk), or any related platforms (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Kvmcloud Network CO., LIMITED ("Kvmcloud," "we," "us," or "our"), a company incorporated under the laws of Hong Kong with AS number AS210110.

2. Services Description

Kvmcloud provides the following cloud infrastructure services:

2.1 Cloud Server

Our cloud server services provide virtual private servers with configurable CPU, RAM, storage, and bandwidth. Service specifications, pricing, and any applicable limits are as described on our website at the time of order.

2.2 Colocation

We offer colocation services providing rack space, power, and network connectivity for customer-owned hardware in our data centers. Specific terms for colocation services are provided in separate Service Orders.

2.3 IP Transit

Our IP transit service provides internet connectivity with guaranteed bandwidth and SLA-backed uptime. Service levels vary by service tier selected.

3. Account Registration & Security

To use our Services, you must:

• Register for an account with accurate and complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access or security breaches
• Be responsible for all activities that occur under your account

You represent that all information provided during registration is true, accurate, and complete. We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Payment & Billing

All fees for Services are as specified on our website or in applicable Service Orders. By subscribing to our Services, you agree to pay all applicable fees.

4.1 Billing Cycles

Services are billed on a monthly, quarterly, or annual basis as selected during checkout. All fees are non-refundable unless otherwise stated in writing.

4.2 Payment Methods

We accept major credit cards, wire transfers, and other payment methods as displayed on our website. All payments must be made in the currency specified at checkout.

4.3 Late Payments

Accounts with outstanding balances may be subject to service suspension after 7 days past the due date. A late fee of 1.5% per month may apply to overdue amounts.

4.4 Price Changes

We reserve the right to modify pricing with 30 days' prior written notice. Price changes will take effect at the next billing cycle.

5. Acceptable Use Policy

You agree not to use our Services for:

• Any illegal, harmful, or fraudulent purpose
• Activities that violate any third party's rights
• Distribution of malware, viruses, or other malicious code
• Attacks on networks, systems, or other users (DDoS, hacking, etc.)
• Sending spam or unsolicited communications
• Any activity that interferes with the integrity or performance of our infrastructure
• Reselling our Services without written authorization

Violation of this policy may result in immediate suspension or termination of Services without refund.

6. Service Level Agreement (SLA)

We are committed to providing reliable, high-quality services. Our SLA guarantees:

6.1 Uptime Guarantee

Our cloud server services are backed by a 99.9% monthly uptime guarantee. Specific SLA terms vary by service tier.

6.2 Service Credits

If we fail to meet our uptime commitment, you may be eligible for service credits as follows:

• 99.0% - 99.9%: 10% credit
• 95.0% - 99.0%: 25% credit
• Below 95.0%: 50% credit

Service credits are limited to 100% of the monthly fee for the affected service.

6.3 Exclusions

SLA guarantees do not apply to periods of scheduled maintenance (with prior notice), circumstances beyond our control, or issues caused by your configuration or actions.

7. Intellectual Property

All intellectual property rights in our Services, including but not limited to software, technology, documentation, trademarks, and branding, are owned by Kvmcloud or its licensors.

You retain ownership of all content and data you store on our infrastructure. You grant us a limited license to process your data as necessary to provide the Services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

These limitations apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

9. Termination

You may terminate your account at any time through our control panel or by contacting support. Termination takes effect at the end of your current billing cycle.

We may terminate or suspend Services immediately if you:

• Violate these Terms or Acceptable Use Policy
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to our systems or users

Upon termination, your data will be deleted within 30 days unless legally required otherwise. You are responsible for backing up your data before termination.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

11. Data Cross-Border Transfer

Your data may be transferred to and processed in jurisdictions outside Hong Kong. Where we transfer personal data outside Hong Kong, we ensure appropriate safeguards are in place in compliance with the Personal Data (Privacy) Ordinance (PDPO) of Hong Kong, including:

• Standard contractual clauses approved by relevant authorities
• Adequacy assessments of destination jurisdictions
• Binding corporate rules where applicable

By using our Services, you consent to such transfers where necessary for service provision.

12. Contact Information

For questions regarding these Terms of Service, please contact us: