XgamingServer...
General Terms And Conditions

Terms of Service [v1 09/2020]


XGamingSever Terms of Service

The scope of our services is based on the service description in force at the time of placing the order.

The cost of a subscription to one of our services will remain the same during the entire duration of the rental, subject to consumer price index increase or decreases and in some cases VAT.

All services offered by us assume a minimum service period of one month with an automatic extension of the agreement for one month periods if you opted for automatic renewal.

All services sold on this website are automatically delivered, within 15 minutes after you make your payment.

Setup is typically completed instantly after payment by our automatic order system, if this is not the case make sure to wait for a little while. If it takes more than two hours please reach out to us by opening a ticket.

We try to provide you with the best uptime we possibly can, and in normal situations this means that your server will be online 24-7. If there is an outage due to unforeseen circumstances we may choose to credit your account. If this is the case, make sure to open a ticket and we'll review your case.

Customer Support

Our customer support is generally available 24 hours a day, 7 days a week to assist you with all of your gameserver problems. During peak times it may take a little longer than usual to receive a reply.

We expect our staff to be treated with respect, as they will treat you with respect. Let's all be kind to each other. If you are abusive towards our staff we reserve the right to suspend your service or refuse to communicate with you. Our staff will do their upmost best to resolve any problem you have as long as it's within the support guidelines, and sometimes even more.

Payment

Payment for the services is to be made before we deliver them. Typically we bill in one month cycles, but alternatives may be chosen upon order checkout. If you have signed up to auto-renew within our payment gateway, we will automatically bill your card every month to avoid any suspensions. For payments made with PayPal, we will auto-renew your subscription until you let us know you'd like to cancel. If you'd like to switch to manual renewal, please inform us. To cancel, please use the cancel option on the clientarea stating the reason for cancelation. The payment method used will be charged 5 days before the invoice due date. After your billing cycle is over and you haven't sent in a payment to renew we will typically wait about 48 Hours before our system will suspend your gameserver. After it has been suspended you have another 5 days to re-activate before we permanently delete your files from our systems. If you cancel your subscription service, you will not be billed anymore, your service however, will remain online until the end of the payment cycle.

Hardware

We use the best of the best hardware, our servers are very well equiped for your gaming needs. However as with all electronic devices sometimes a failure can occur. Our systems automatically take off-site backups every 24H of your gameserver to ensure we'll always be able to restore your service. In the event of a gameserver having a hardware failure, we'll restore service as soon as the machine is repaired.

However, the ultimate responsibility for backups of data lies with you, not Xgamingserver.

Backups are provided on a best-effort basis, we cannot be held responsible if we don't have a backup for your gameserver. If you'd like to make sure you have your files at all times, make sure to take a local backup via FTP.

Legal

You warrant that all information you have given to us is correct and complete.

If you're younger than 13, make sure you have the permission of your parents to make a purchase with Xgamingserver. If you make a purchase and later on it gets disputed for no valid reason, we'll permanently remove your gameserver.

You expressly assures us that the provision and publication of content created either by yourself or any third party neither infringes Cayman law nor any other law applicable in your country of residence, in particular copyright, data protection and competition law. We reserve the right to remove any content from your gameserver that appear to be of dubious content. We shall immediately inform you about any intended deletion of content. The same shall apply if we are requested by third parties to change or delete content because of a violation of third party rights.

If our services and servers are used to conduct unlawful/illegal activities we will suspend our services to you immediately and no refund of payments will be provided. We also reserve the right to take legal actions against you.

We shall be liable for any damages caused by us only in case of gross negligence or intent. Otherwise, liability is excluded. We shall not be liable for any (business) damages incurred by you caused by any technical failure or downtime of your gameserver. Of course, we will do everything to limit technical failures and downtime as much as possible.

You indemnify us against all possible third party claims arising from any unlawful/illegal action by you or from errors in the information provided by you to us. This applies in particular to copyright, data protection and competition law violations.

Refunds/Returns

1. The customer is entitled to a refund if the services of XGamingSever have an availability of less than 99%
2. The customer is entitled to a refund if the services of XGamingSever are having technical issues for a long period of time.
3. The customer needs to report a technical issue the the XGamingSever support and give XGamingSever enough time to fix the issue.
4. A refund will be denied if the reason for the refund is: "I don't know how it works".
5. A refund will be processed within 7 business days.
6. Some countries have a legal period in which the customer can terminate their server without giving any reason. The customer then gets his money back. This is called Right of withdrawal (or herroepingsrecht). By placing an order with XGamingSever, you agree to waive this right.
7. The customer may not refund the payment, through payment services such as paypal by submitting a claim. They must always request a refund via the XGamingSever support.

Any dispute shall be referred solely to a court of competent jurisdiction at the place of business of XGamingSever.

These Terms of Service have been updated on September 13, 2020.

Privacy Policy

For our privacy policy, please visit the following: link.

Servers Policies [v2 09/2020]

XGamingSever Privacy Policy

This Policy was last revised on September 19th of 2020. We believe your privacy is extremely important, this policy has been revised to comply with the latest GDPR Laws.

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from xgamingserver.com (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

  1. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit allaboutcookies.org.
  2. “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  3. “Web beacons”, “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

We don't store your billing details on our servers, we use a third party payment gateway to process your payments who may collect certain information from you and store it on their servers. For the exact details on what's being collected in the case of an order, please view the Privacy Policy of FastSpring When you place an order through our Site, you also agree to the Privacy policy of FastSpring. If you do not, do not place an order.

Once you create an account with us we collect some information from you, which includes your first name, last name, email address and the specific configurations you selected during your order for the service. We call this information "Order Information". When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for delivery, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

  1. Communicate with you;
  2. Screen our orders for potential risk or fraud; and
  3. When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

By placing an order and agreeing to this privacy policy you agree to us sending you marketing and promotional emails and newsletters. You can opt out of these at any time by replying to our emails saying "unsubscribe" in the subject and body of the email, and we'll take care of the opt out immediately.

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information. You can also opt-out of Google Analytics.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page.

If you'd like to opt out of behavioural advertising, please use the links of each of the following platforms below to do so: Facebook; Google; Bing.

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: optout.aboutads.info.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to the Cayman Islands and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

MINORS

The Site is not intended for individuals under the age of 13.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint,please contact us by e-mail at [Submit ticket] or by mail using the details provided below:

XGamingSever Kenyatta Street 1733, Nairobi KE.