1.
Introduction
1.1.
These Terms and Conditions (“Terms”) govern the definitive contractual relationship between RUBYVOID LTD, a company duly registered under the laws of the Republic of Bulgaria (hereinafter, the “Provider”), and the entity or individual customer (hereinafter, the “Customer”).
1.2.
By placing an Order for, initiating the activation of, or otherwise utilizing any service provided by the Provider (collectively, the “Services”), the Customer accepts and agrees to be legally bound by these Terms and all policies incorporated by reference herein.
1.3.
These Terms establish the core contractual framework of the engagement between the Parties. All specific technical, operational, privacy, security, and compliance obligations are separately delineated in external legal documents expressly referenced throughout this Agreement.
1.4.
The following documents constitute an integral part of this Agreement and are incorporated herein by reference:
•
Acceptable Use Policy (AUP)
•
Network & Abuse Policy
•
System Policies
•
Privacy Policy
•
Data Processing Addendum (DPA)
•
Data Retention Policy
•
Refund & Billing Policy
•
Any duly executed written service‑specific agreement.
1.5.
In the event of an irreconcilable conflict between the provisions of the documents comprising this Agreement, the following descending order of precedence shall apply:
a)
Written service‑specific agreements
b)
These Terms and Conditions
c)
Referenced policies
•
All referenced policies are accessible via: Policy Index Page.
2.
Nature of Services
2.1.
The Provider operates exclusively as a reseller of infrastructure and hosting services provided by various third-party vendors. Unless an executed agreement explicitly states otherwise, all Services are provided on a strictly unmanaged basis, meaning the Customer shall bear sole and exclusive responsibility for all system configuration, security, and maintenance requirements.
2.2.
The Provider does not maintain ownership or operational control over the underlying physical infrastructure or data centers, unless explicitly stated. The terms and conditions of the relevant upstream provider may apply and may supersede or modify certain operational aspects of the Services.
2.3.
The precise scope and specifications of each Service shall be solely determined by the official service descriptions published at the time of order placement. Marketing collateral, presentations, or informal statements shall not be deemed to create or constitute contractual obligations.
2.4.
The Customer acknowledges that the Services are provisioned within a shared resource environment utilizing virtualization technology. Consequently, the Provider cannot guarantee sustained, peak-level performance (e.g., IOPS, CPU availability) beyond the advertised service specifications, as performance is subject to overall system utilization by all customers.
3.
Customer Obligations and Liability
3.1.
The Customer is solely and exclusively responsible for the proper execution of the following obligations with respect to the Services:
•
The installation, configuration, and ongoing maintenance of all software
•
The securing of the operating system and installed applications
•
The timely application of patches and security updates
•
The administration of user access and authentication credentials
•
The monitoring of system performance and security posture
•
The maintenance of independent, verified data backups
•
Specific technical and security obligations are further defined in: System Policies.
3.2.
The Customer assumes all liability for any and all activity originating from or associated with their Services, including activity initiated by third parties, end-clients, or systems that have been compromised. Any resultant misuse or security breach caused by weak security protocols, outdated software, or improper system configuration remains the Customer’s full responsibility.
3.3.
The Provider shall not access Customer-stored data except where such access is strictly necessary for the following purposes:
a)
Compliance with applicable legal or regulatory mandates
b)
Mitigation of an active security incident
c)
Investigation of a reported abuse incident
d)
Fulfilling obligations expressly defined in the DPA
•
All data-processing rules are set forth in: Data Processing Addendum.
3.4.
The Customer agrees to adhere to the resource usage limits defined in the System Policies. The Provider reserves the right to monitor resource consumption and may, in its sole discretion and without prior notice, throttle or suspend Services that pose a material detriment to the shared infrastructure's stability or performance. Furthermore, the Provider retains the right to conduct both scheduled and emergency maintenance on the underlying infrastructure, which may necessitate temporary service interruptions.
4.
Orders, Verification, and Activation
4.1.
A valid and binding contract between the Parties is not fully executed until the Provider formally accepts the Customer’s order and initiates the activation of the Services. Automated notifications confirming receipt of an order shall not be construed as formal acceptance.
4.2.
The Provider reserves the right, in its sole discretion, to refuse or delay the activation of Services for reasons including, but not limited to:
a)
Suspicion of fraudulent activity
b)
Incomplete or unverifiable Customer information
c)
Regulatory or sanctions compliance restrictions
d)
Mandates imposed by Upstream Providers
e)
Risk-based business considerations
4.3.
Identity verification (“Know Your Customer” or “KYC”) may be required prior to service activation or at any point during the service term. Failure to comply promptly with any such request for documentation may result in the immediate suspension or cancellation of the Services.
5.
Billing, Payments, and Fees
5.1.
All fees for Services are due and payable in advance for the entirety of the selected billing period. Prices are exclusive of all Value Added Tax (VAT) and other applicable statutory levies, unless explicitly stated otherwise.
5.2.
Timely remittance of all due payments is a mandatory prerequisite for the activation or renewal of Services. Non‑payment or late payment may result in the immediate suspension of the Services.
5.3.
The exclusive provisions governing all refunds, chargebacks, cancellations, and service credits are set forth in the Refund & Billing Policy.
5.4.
The Provider reserves the right to levy reasonable administrative charges or remediation fees where such fees are necessitated by the demands of Upstream Providers or where the Customer’s conduct creates an undue or excessive support burden for the Provider.
5.5.
All financial transactions and payment processing related to the Services are handled exclusively by third-party payment processors (e.g., PayPal, Borika). The Provider does not collect, store, or process the Customer's payment credentials or financial data. Accordingly, the Provider disclaims all liability and responsibility for any aspects of the third-party payment processing services, including security, errors, or disputes.
•
All specific billing and refund rules are detailed in: Refund & Billing Policy.
6.
Suspension and Termination
6.1.
The Provider reserves the right, at its sole election and without prejudice to any other rights or remedies, to suspend or terminate the Services upon the occurrence of any of the following events:
a)
Non-payment of outstanding fees
b)
Fraudulent activity or misrepresentation
c)
Compliance with legal or regulatory obligations
d)
Requirements or directives from Upstream Providers
e)
Actions that pose a threat to network stability or integrity
f)
Material breaches or repeated violations of any referenced policies
6.2.
Termination arising from a material breach or for cause shall be effected without entitlement to a refund of any prepaid fees. Data retention and deletion schedules shall conform strictly to the Data Retention Policy.
•
Detailed procedures for suspension and abuse-handling are defined in: Network & Abuse Policy.
7.
Regulatory and Acceptable Use Compliance
7.1.
The Customer shall, at all times, adhere strictly to all governing rules and regulations concerning acceptable use, prohibited activities, and network behavior, as defined exclusively in the Acceptable Use Policy (AUP).
7.2.
The Customer must comply with all technical, operational, and security requirements set forth in the System Policies.
7.3.
The Customer must comply with all abuse-handling, IP reputation, and network-integrity rules defined in the Network & Abuse Policy.
8.
Data Protection and Privacy
8.1.
Where the Provider acts as a data processor of Personal Data on behalf of the Customer, the Data Processing Addendum (DPA) shall exclusively govern all processing activities.
8.2.
The Provider’s collection, storage, and proprietary processing of Personal Data is governed by the Privacy Policy.
8.3.
Provisions regarding data retention, deletion protocols, and storage periods are set forth exclusively in the Data Retention Policy.
9.
Liability and Warranty
9.1.
ALL SERVICES ARE PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2.
TO THE MAXIMUM EXTENT PERMITTED BY THE SUBSTANTIVE LAWS OF THE REPUBLIC OF BULGARIA, THE PROVIDER'S ENTIRE AND CUMULATIVE LIABILITY, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IS HEREBY EXPRESSLY LIMITED TO THE AGGREGATE AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC AFFECTED SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
9.3.
The Provider shall not be liable for any special, incidental, indirect, punitive, or consequential damages, including, but not limited to, damages for:
a)
Data loss
b)
Loss of profits or revenue
c)
Downtime attributable to Upstream Providers
d)
Damages resulting from the Customer's misconfiguration or negligence
9.4.
The Customer hereby covenants and agrees to indemnify, defend, and hold harmless the Provider against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
a)
The Customer’s misuse of the Services
b)
The Customer’s breach of these Terms
c)
The Customer’s violation of any referenced policies
d)
The Customer’s infringement of any third‑party intellectual property or other rights
10.
Miscellaneous
10.1.
The Provider reserves the right, in its sole and absolute discretion, to modify or update these Terms or any referenced policies at any time. Material modifications shall become effective at the commencement of the Customer's next service renewal period, unless earlier required by operation of law or by the terms of an Upstream Provider. The Customer's continued utilization of the Services following the effective date of any such modification shall constitute their binding acceptance of the revised Terms.
10.2.
This Agreement shall be governed by and construed in accordance with the substantive laws of the Republic of Bulgaria, without regard to its conflict of laws principles. The Parties hereby irrevocably agree that the exclusive venue for the resolution of any and all disputes arising under or in connection with this Agreement shall be the competent courts situated in Sofia, Bulgaria, unless otherwise agreed to by the Parties in a duly executed writing.
10.3.
These Terms, together with the entirety of the referenced policies incorporated herein, constitute the entire agreement between the Parties and supersede and replace all prior and contemporaneous understandings, agreements, or representations, whether written or oral, regarding the subject matter hereof.



