PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY SERVICES FROM BITLAUNCH.IO ("OUR WEBSITE")


1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.

1.3 Why you should read them. Please read these terms carefully before you order, purchase or use any of the virtual server and related services available from and as described on Our Website ("Services"). These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.4 You should also read the parts of Our Website relevant to the Services you use. You can access the specific instructions, rules and policies that apply to some of our Services by going to the relevant parts of Our Website. Those instructions, rules and policies will apply instead of these terms where there are differences between the two.


2. THIRD PARTY TERMS WHERE WE ARE A RESELLER

2.1 The ways in which you can use our Services may also be controlled by the terms, rules and policies of third parties that we resell services on behalf of.

2.2 We resell services from a selection of third parties. You must abide by the terms, rules and policies of the following third parties where the Services you order from us involve our resale of services from them:

2.2.1 DigitalOcean, LLC; (https://www.digitalocean.com/legal/)
2.2.2 The Constant Company, LLC, trading as Vultr; and (https://www.vultr.com/legal/)
2.2.3 Linode LLC. (https://www.linode.com/legal/)

2.3 You can access the terms, rules and policies of the relevant third parties by visiting the URLs at 2.2.1, 2.2.2 and 2.2.3 above. The terms, rules and policies of the relevant third parties will apply instead of these terms where there are differences between the two.

2.4 You agree to indemnify us against any losses, damages, liabilities, claims, demands, actions, penalties, fines, awards, costs and expenses caused to us by your failure to comply with the terms, rules and policies of third parties whose services we resell to you.


3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 Who we are. We are Liber Systems Limited t/as BitLaunch, a company registered in England and Wales and our registered office is at Bury Lodge, Bury Road, Stowmarket, Suffolk, United Kingdom, IP14 1JA. Our company registration number is 11405895. Our registered VAT number is 338 5657 65.

3.2 How to contact us. You can contact us by writing to us at [email protected]. We also provide a live chat function via Our Website.

3.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in connection with your account.


4. YOUR ACCOUNT

4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security, sign up or account opening procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

4.4 Only one account is permitted per user. If you are found to have multiple accounts they may be terminated, along with your servers, without notice.


5. SERVICES YOU ORDER

5.1 How we will accept your order. Our acceptance of any order you place for Services will take place when we email you to accept it, or when we commence providing you with those Services.

5.2 If we cannot accept your order. We reserve the right to reject any order that you place for Services. If we reject, or are unable to accept, your order, we will inform you of this and will not charge you for our Services.

6. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 11 below - Your rights to end the contract).

7. OUR RIGHTS TO MAKE CHANGES

7.1 Changes to the Services. We may change the Services:

(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

7.2 More significant changes to the Services. In addition, we may make other changes to the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.


8. PROVIDING THE SERVICES

8.1 We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:

(a) planned maintenance carried out during any maintenance window we have given give you at least 4 hours' notice of;
(b) unscheduled maintenance necessary to the efficient delivery of the Services; and
(c) any Services unavailability that is attributable to the acts or omissions of third parties whose services we resell.

8.2 Support. If you want to learn more about the Services or have any problems using them please take a look at our support resources at https://help.bitlaunch.io. Service status updates are available at https://status.bitlaunch.io.

8.3 When we will provide the Services. We will begin the Services immediately after we accept your order and you agree that by placing an order with us you are requesting us to begin the Services immediately upon acceptance. In the case of our virtual server Services, our Services will be fully performed once we have provisioned your virtual server (not when your service credits expire).

8.4 We are not responsible for delays outside our control. If our supply of Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.

8.5 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:

(a) deal with technical problems, make minor technical changes or where issues arise with the services of third parties whom we resell Services to you on behalf of;
(b) update the Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as requested by you or notified by us to you (see Clause 6 and Clause 7).

8.6 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract for Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.

8.7 We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see Clause 15), we may suspend supply of the Services until you have paid us the outstanding amounts. We will not charge you for the Services during the period for which they are suspended.


9. YOUR OBLIGATIONS

9.1 Restrictions. You agree that you will:

(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the Services in any form, in whole or in part to any person without prior written consent from us;
(b) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Services nor permit the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services as permitted in these terms; and
(c) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such things.

9.2 Acceptable use restrictions. You must:

(a) not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Services or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;
(d) not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.

9.3 No harmful or malicious content. Fraudulent websites or applications are designed to cause harm to others. These include but are not limited to:

(a) applications or websites designed to obtain sensitive information such as usernames, passwords and credit card details by disguising oneself as a trustworthy entity, also known as 'phishing'.
(b) Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
(c) Applications that may cause damage to other systems or perform security violations. Certain activities include but are not limited to accessing or using any system without permission, including attempting to probe, scan, or test the vulnerability of a system or to breach any security or authentication measures used by a system.

Accordingly you may not use our Services to promote or engage in activities that are intended to be harmful. This includes hacking, spamming or any other action we believe was intended maliciously to cause harm, damage or loss.

9.4 Emails and unsolicited communications. Emailing is disallowed on our Services and only enabled at our own discretion. Where we permit emailing, you may not send email communications without the consent of the recipient.

9.5 Acceptable Use Policies of our provided hosts. You must also abide by the acceptable use policies of third parties where we resell their services to you in providing our Services. You can view these policies by visiting the URLs below:

- DigitalOcean, LLC; (https://www.digitalocean.com/legal/)
- The Constant Company, LLC, trading as Vultr; and (https://www.vultr.com/legal/)
- Linode LLC. (https://www.linode.com/legal/)

9.6 Remedial Action. We reserve the right to take the following steps if we receive upon report of abuse or of conduct taking place that would contravene these terms:

(a) At our discretion, the offending server will be taken offline and left suspended.
(b) A member of the support team will pass on all details of the report and give instructions on what actions need to be taken to reach a resolution. Failure to address reports can result in account termination.
(c) In severe cases, the server may be destroyed to prevent further damage and the account responsible for provisioning the offending server will be terminated.

9.7 Your use of the Services is your own responsibility. You are responsible for all activities that occur in connection with your user account and in the course of your use of the Services. You agree to indemnify us against any losses, damages, liabilities, claims, demands, actions, penalties, fines, awards, costs and expenses caused to us by any claims of third parties arising from your use of the Services in a manner that contravenes these terms or is otherwise unlawful.

9.8. Breach. If you breach these terms, your account and/or servers and any other parts of the Services may be suspended without notice.


10. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Services throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these terms.


11. YOUR RIGHTS TO END THE CONTRACT

11.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Services re-performed or to get some or all of your money back), see clause 14;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 11.2;
(c) If you have just changed your mind about the Services, see Clause 11.3.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 11.6.

11.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 7.2);
(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.

11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You may have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

11.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of Services, once these have been completed, even if the cancellation period is still running.

11.5 How long do I have to change my mind? In respect of Services you have 14 days after the day we email you to confirm we accept your order or the date on which we start providing the Services, whichever is earlier. However, once we have completed the Services or any portion of them you cannot change your mind, even if the period is still running. This means that, in the case of our virtual server Services, you cannot change your mind after we have finished provisioning your virtual server and you have access to it. If you cancel after we have started (but have not completed) the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

11.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 11.1), you can still end the contract at any time. If you want to end a contract where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately.


12. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

12.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Email. Email us at [email protected]. Please provide your email address.
(b) Online. Complete the form on Our Website.

12.2 How we will refund you. Where a refund is due, we will refund you the price you paid for the Services by the method you used for payment. However, where we have not completed the Services, we may deduct from any refund an amount for the supply of the Services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied however once we have provisioned and granted you access to your virtual server the Services will have been completed and you are not entitled to a refund. Any refund due will be made within 14 days of your telling us you have changed your mind, and is subject to clause 15.4 (Refund Policy).


13. OUR RIGHTS TO END THE CONTRACT

13.1 We may end the contract if you break it. We may end the contract for Services at any time by writing to you if:

(a) you do not make any payment to us when it is due or your payment credits expire and you have not topped them up within 48 hours of expiry; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
(c) you breach any term of this contract, including any of your obligations in clause 9 above.

13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 13.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

13.3 We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least one week in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.


14. IF THERE IS A PROBLEM WITH THE SERVICES

14.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us using the contact details in Clause 3 above.

14.2 Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.


15. PRICE AND PAYMENT

15.1 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see Clause 15.2 for what happens if we discover an error in the price of the Services you order.

15.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. If a Service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

15.3 When you must pay and how you must pay. We accept payment exclusively with Cryptocurrency and currently support Bitcoin, Ethereum and Litecoin through our own in-house payment processing service. Further details of our rules on billing and payment are set out here. In summary, you must first add funds to your account before you can use Services. Access to Services is charged on an hourly basis at the rates specified on our website for the Services you order. Your access to Services ceases once the service credit balance of your account is reduced to USD$0.00. If you end the contract before your service credit balance is reduced to zero any unused service credits may not be exchanged for cash but can be retained on your account for use at a later date. You understand that once your balance reaches $0.00, your servers will be stopped and suspended for a period of 48 hours, or such longer or shorter period as we shall in our sole and absolute discretion decide. After this time, they are permanently destroyed. Save in the circumstances set out in these terms, all payments are final and refunds or withdrawals of unused account balances will not be made.

15.4 Refund Policy. Unless otherwise provided for in these terms or by law payments made are non-refundable. Where a refund is provided for we may offset any claims we have against you against the sum due to you, for example if we have a claim against you for breach of these terms. Nothing set out in this clause affects your statutory rights.


16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services as summarised at Clause 14.2.

16.3 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.4 Check that the Services are suitable for you. The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services (as described on Our Website) meet your requirements.


17. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy.


18. OTHER IMPORTANT TERMS

18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.