Terms of Service (ToS)

"Termeni & Conditions" represents the Contract to which you have to agree in order to become a NixServers customer. By using our services you fully accept and agree to all the terms in this document and any other included in Terms & Conditions.

1. General Service Terms

1.1 NixServers is a service provided by S.C. TIER S.R.L., available to its customers via www.nixservers.com. Throughout all Terms & Conditions documents, NixServers means TIER SRL.

1.2 NixServers will provide the customer the services as they are detailed on its website, respecting the displayed technical specifications, only after payment confirmation for at least one month in advance. NixServers reserves its right to select its customers based on any criteria, at any given time, by this we also understand the termination of any active services at any given time for any reason we consider necessary.

2. Service Usage

2.1 The services provided through this website can only be used to serve legal purposes.

2.2 This website sells data center products and services. When purchasing a dedicated server, virtual server, cloud server or similar services the customer will receive via e-mail or through it's customer secure account the required login information for the purchased services. Immediately after the login information has been provided to the customer, the services, the hosted data, the integrity and security of the services and hosted data become the full responsability of the customer.

2.3 NixServers will not allow the following service types on any of its servers without previous written consent: streaming, "public file hosting", proxy servers, IRC software, Direct Connect servers or clients, tracker software, torrent software, tor software or similar, as well as any free hosting services.

2.4 NixServers will not allow under any circumstances the following content on any of its servers: hacking/cracking/sniffing software or information, flood/bots generators, SPAM / UCE software, virus software. We also forbid the use of any of our services for sending SPAM or UCE with or without our customer's consent. Running CPU intensive applications on virtual servers is also forbidden, leading to immediate suspension of the customer account without the possibility of any refund. The customer understand and agrees that the security of all dedicated, virtual or cloud servers is his own responsability. We also explicitly forbid running any type of unlicensed or pirated software on our servers.

2.5 The storage of data for any type of previously specified forbidden types of services, or its transmission through our network is forbidden. NixServers reserves its right to determine if any data is forbidden. NixServers reserves its right to remove any forbidden data, to suspend or terminate (if the situation imposes it) the customer account without any prior notice or refund.

2.6 NixServers will provide its customers with support services. The support services are available 24/7 through the customer account ticket system or e-mail. The customer understands and agrees that NixServers will do everything in its power for the customer's best support experience, but that NixServers is not bound to offer support no matter what the problem is, especially if the situation requires extra expenses that the customer should support as management fees. NixServers reserves its right to determine if a certain types of services can be considered "management services". No "management services" shall be delivered nor will management fees be applied without the customer's prior consent.

2.7 The images used on the website are informational and do not create contract bindings for NixServers.

3. Anti-SPAM Policy

3.1 By SPAM we understand ANY UNSOLICITED E-MAIL MESSAGE. The sending of SPAM is strictly forbidden. NixServers will suspend the customer account should we determine that SPAM has been sent through any of the customer's services. Reopening the account is charged with 500 €. For repeated abuses the customer account will be terminated without any refunds.

3.2 To report any tupe of spam please contact:

4. General Payment Terms

4.1 All the services provided through nixservers.com must be paid in advance. For this NixServers will invoice the customer at the beginning of the contract term for the first period, and then subsequently invoice the customer for similar periods with a minimum of 10 days in advance before the current period has expired.

4.2 NixServers is not a payment processor and does not accept responsability for acurate or correct payment processing, this is the responsability of the payment gateway involved. NixServers accepts payments through wire transfer, this being the safest and our preferred payment gateway. All prices are displayed in Euros şi do not include VAT (24%). VAT may be applied depending on the location and legal entity depending on EU and international regulations. The total amount is calculated in RON at BNR+2% exchange rate from the day the invoice has been generated.

4.3 All payments must be made before the service expires. A payment is considered paid for when the payment processor used confirms the payment with NixServers.

4.4 Payments can be made in EUR, USD or RON. For more information please consult "Payment Policy".

4.5 The customer agrees to receive e-mails from NixServers regarding the status of his account and other useful informations regarding our services.

5. Data Transfer And Shared Resources

5.1 The customer understands and agrees that the resources of the network are limited, finite and shared by the network users. In this sense administrative limits can sometimes be imposed to protect our business. In case that a server is terminated for repeated abuses regarding shared resource usage, NixServers reserves its right to determine if a refund should or should not be processed for the customer.

5.2 All servers must remain in allocated limits. NixServers understands and agrees that sometimes some collocated customers with burstable capacity might cause bandwidth overusage. This overusage will not be charged as long as the usage is for a short duration of time and is part of the customer's normal service operation.

5.3 In case of customers with limited traffic, traffic overusage will be charged extra if the customer agrees. Otherwise the service will be suspended untill the next billing period.

5.4 In case that NixServers determines that a customer is constantly abusing certain resources, NixServers will limit the resource usage for the customer for an indefinite period of time.

5.5 In case of on-line shared orders, the customers can close their accounts În cazul comenzilor online, clienţii pot să-şi închidă conturile prin notificare prealabilă cu minim 30 zile înainte ca aceasta să producă efecte sau prin cerere făcuta din contul client cu minim 30 zile înainte ca aceasta să producă efecte, toate plăţile făcute în avans devenind nerambursabile.

6. Unmetered Bandwidth

6.1 In the case of servers with unmetered traffic there are no limitations regarding the quantity of traffic that a customer can upload or download.

6.2 In the case of dedicated servers from the "Budget" category the guaranteed total transfer speed is 10 Mbps (5 Mbps download / 5 Mbps upload).

6.3 In the case of dedicated servers from the "Performance" category the guaranteed total transfer speed is 20 Mbps (10 Mbps download / 10 Mbps upload).

6.4 In the case of dedicated servers from the "Enterprise" category the guaranteed total transfer speed is 40 Mbps (20 Mbps download / 20 Mbps upload).

6.5 In case a customer has rented more dedicated servers, the total guaranteed speed for the servers is the highest value from chapters 6.2, 6.3 and 6.4 according to his purchased services.

6.6 For all servers the maximum speed is the one specified on the website, în Annex 1 of the written contract or in the technical documentation of the service.

7. Metered Bandwidth

7.1 For all services with metered traffic the maximul speed is the one specified on the website, in Annex 1 of the written contract or in the technical documentation of the service. On traffic overusage the service will be suspended. Unsuspending the service can only be done when the customer upgrades its service to another service with a higher traffic limit or to an unmetered bandwidth service.

8. Data Recovery

8.1 The customer agrees and understands that no matter what backup solutions are involved, he is ultimately the sole responsible for manually backing up his data.

8.2 Recovering the data in case of data corruption (for example a faluty RAID device that has not been fixed on time due to lack of notification from the customer) is a service that we provide as a billable addon. The price for recovering the customer's data is 100 EUR per every 250 GB (billed in 250 GB increments). This addon can be requested on demand via our support system. NixServers offers no guarantees that the recovered data will be in the same form with the original. This is a best effort service.

8.3 In case the customer wishes for our personnel to recover his data from our backup servers, the customer will be charged with 20 EUR.

9. Management

9.1 The customer can choose from three (3) types of management levels available as detailed on the website.

10. Upgrade

10.1 At any time the customer may upgrade his service according to the present offer.

10.3 The upgrade takes effect the moment the new service has been delivered.

11. Downgrade

11.1 Downgrading a service requires that the customer has paid all his invoices to date and that he has used the current service for at least three (3) months.

11.2 The downgrade takes effect the moment the new service has been delivered.

12. Limited Liability

12.1 NixServers or any of its employees cannot be held responsible for any direct or indirect damages or prejudices suffered by the customer from using the purchased services. NixServers offers no guarantees regarding its services for any determined or undetermined scope, business model or business plan.

13. Claims

13.1 The parts involved in the Contract shall try to solve their differences in a amicable settlement in 15 days time since notified. The notification will be taken into account only if written and sent by mail with confirmation receipt.

13.2 In case the parts involved in the Contract do not reach an amicable settlement they will be able to address the Court. The comptent Court is the one in the service provider's town.

14. Amendaments

14.1 The customer understands and agrees that NixServers can modify this contract at any time and without notice, the customer having to agree to the new terms should he wish to continue using NixServers' services. By continuing to use the services already purchased the customer silently agrees to the new terms.