Terms and Conditions

Any order using our website means that you are accepting the below terms and conditions. You will be prompted to accept these terms during the order.

The general terms and conditions will apply to all sale Services rendered by KUTO GROUP LIMITED (hereinafter referred to as KutoVPS) via the website kutovps.com to the client. Do not use KutoVPS website services provided unless you accept the terms and conditions here in.

The general terms and conditions are deemed accepted by the client by placing an order to KutoVPS website, and thus entering into a contract with KutoVPS further to KutoVPS confirming the Order; this stands for a services agreement regulating the contract relation between KutoVPS and the client.

Terms

Privacy Policy: the privacy policy (as may be amended from time to time) which is published on our website www.kutovps.com;

Client: Individual/legal entity placing an order online;

KutoVPS: the company KUTO GROUP LIMITED, enter address and company number;

Services: any services offered by KutoVPS, as indicated in the order, and to be provided by KutoVPS to the client.

Order: the agreement between KutoVPS and the Client whereby KutoVPS undertakes to deliver the Services, and the Client undertakes to pay for the value thereof.

Agreement: an Order which is confirmed by KutoVPS.

By placing an Order on the website www.kutovps.com, the client agrees to the website’s Terms and Conditions. Order approval by KutoVPS is deemed completed at the time of its confirmation by e-mail. Until KutoVPS has confirmed the Order a contract between KutoVPS and the client shall not be created.

Privacy

By entering into this Agreement, you understand that our website and services operate in accordance with our Privacy Policy (clearly found on our website). We have put in place adequate measures required to safeguard personal data that we collect from you and we have ensured that we are in concordance with all laws, including GDPR. However, you are the only responsible for any personal data that you provide while using the services if they are neither required nor actively collected by us.

You are responsible both for keeping safe the credentials that you use to access the services and for the activities or actions carried out under your credentials, whether your credentials are associated with our services or those of a third party. You agree not to disclose your password to any third party and we will only ask you for this credentials if a support request is initiated by you. You have the responsibility to change the credentials after a support request has been resolved.

Services

At the time of initial registration, you will select from the list of available Services the service plan(s) to which you wish to buy. All subscriptions to services are subject to formal acceptance by KutoVPS. Your subscription to the Services will be deemed accepted by KutoVPS when KutoVPS delivers a confirmation of the subscription to you. KutoVPS reserves the right to refuse to provide you with any service for any reason. Notwithstanding Our Uptime found below of this Agreement, KutoVPS also reserves the right to interrupt access to the services to perform regular and emergency maintenance as needed with a notification. You may order additional services at any time, provided that you agree to pay the then-current fees for such additional services. All additional services shall be considered "Services" hereunder. All services provided are subject to availability and to all of the terms and conditions of this agreement.

Uptime on our services

We guarantee that our network and servers will be functioning 99.95% of the time on any given month, with some exceptions:

If we fail to meet the guarantee stated uptime you can claim for a credit of the following value no later than 5 business days from event:

1 free day of service any 0.5% downtime of the affected services, beyond the 99.95% uptime guarantee. This is capped at 100% of the monthly rental for the affected services in any one month.

Cancellation and refunds policy

We have the right to cancel an account without any notification and without any reason, but we may provide a refund on a pro-rata basis in the event you did not breach any Terms at the time of cancellation, and such refund may be provided within 30 days of cancellation.

You may can cancel specific products and services that are not Service Level Agreements (“SLAs”) (e.g., Virtual Private Servers (VPSs), Software Licenses, Control Panels, and Backups) included in the Services at any time, and these products and services will be cancelled directly and without a notice period, which means you will pay only for the duration you use of a specific subscription duration (not less than a month). Regarding SLAs, these can be cancelled at any time only by providing us 30 days’ prior notice.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. If for any reason your account is suspended or deactivated due to a breach of our Terms, you will not be eligible for any refund including your balance.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you must notify us and await our confirmation, and then you may simply discontinue using the Services.

We offer all clients a 7-day money back guarantee. If you are not satisfied with the services for any reason during the first 7 days from your last VPS subscription payment, you may submit a request to cancel your service and a refund to our billing department. Refunds are only offered within the first 7 days and for the amount of your first payment ( first order ).

Use of our services

You agree to our fair and legal use of our services by agreeing to our Terms. Our fair and legal use of our services exists to pr

No illegal activity of any kind is permitted on our servers including, but not limited to: unauthorized storage or distribution of copyrighted software, trademark infringement, warez sites, violations of any state or federal laws or any jurisdiction under which the Terms are governed, and selling or distributing contraband. It is your responsibility to verify compliance with the law.

Some more examples of prohibited content or links include (but are not limited to):

You will take all reasonable steps to maintain adequate data protection legal compliance in your use of our Services, and you must not carry out any activities that in our opinion are in violation of this terms. You must not misuse our system resources, this includes network capacity, CPU usage and storage.

To protect our servers, IP addresses and to ensure an enterprise and professional platform, we have put in place a block on port 25 and a limitation of bandwidth for VM. The limitations can be removed based on a request and audit from KutoVPS.

YOU AGREE TO BACK UP ANY AND ALL DATA OR FILES YOU HAVE STORED ON OUR SERVERS! WE ARE NOT RESPONSIBLE FOR ANY DATA LOSS.

Governing law and jurisdiction

These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions, and you irrevocably agree that the courts of Hong Kong have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Terms of Services or its subject matter or formation, including non-contractual disputes or claims.

Force Majeure

We will not be responsible for our availability ( unless there is a SLA where compensation is provided ), uninterrupted uptime, or data backups and integrity in the event of ny change in or new laws, rules or regulations, or any act of a government, central bank, monetary authority or other entity in any country relating to, without limitation, exchange controls, restrictions on convertibility, freezes, moratoria, expropriations, requisitions, changes in a country’s currency for any reason whatsoever (including countries part of any monetary union), involuntary transfers of any kind; force majeure, natural disaster, industrial action, acts of war, acts of terrorism, civil strife, riots or a state of political or economic chaos in any country; or any other circumstances beyond our control.

Contact and communication

Please contact support at kutovps.com with any questions you may have, and we aim to respond to you in a timely manner. All notices shall be communicated in writing by you or by ourselves through email except where we determine providing notice is reasonable by publishing an announcement on our website.