Legal
Terms of Service
Last Updated: · Questions? support@quicksrv.io
Introduction and Agreement
These Terms of Service ("Agreement" or "Terms") constitute a legally binding contract between ClearStack B.V., operating under the brand quicksrv.io ("Company", "we", "us", or "our"), and you ("Customer", "User", or "you").
By registering an account, placing an order, purchasing, accessing, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement, our Acceptable Use Policy ("AUP"), our Privacy Policy, our Data Processing Agreement ("DPA"), and any product- or plan-specific terms presented to you at the time of order (collectively, the "Contract Documents"). In the event of a conflict, the more specific document prevails over the more general one, save where the conflict concerns mandatory consumer or data protection law, which prevails in any case.
If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity, in which case "Customer" refers to that entity.
Definitions
For the purposes of this Agreement:
Services
means the hosting, infrastructure, network and related services offered by ClearStack B.V. under the quicksrv.io brand, including but not limited to KVM Cloud VPS hosted in the Netherlands and the United Kingdom and cPanel Hosting hosted in the United Kingdom, together with any associated control panels, APIs, dashboards, and support.
Customer Data
means any data, content, software, configurations, or materials uploaded, stored, transmitted, generated, or processed by you or on your behalf through the Services.
Order
means any purchase, upgrade, downgrade, or renewal of Services placed through the quicksrv.io website or client portal.
Billing Cycle
means the recurring period (e.g. monthly, quarterly, annually) for which a Service is prepaid.
Business Day
means Monday to Friday, excluding public holidays in the Netherlands.
AUP
means our Acceptable Use Policy, available on our website and incorporated into this Agreement by reference.
Company Information
quicksrv.io is a brand of ClearStack B.V.
Account Registration and Security
To use our Services, you must create a quicksrv.io account.
Accuracy of Information
You agree to provide accurate, current, and complete identification, billing, and contact information, and to keep this information updated at all times. We may refuse, suspend, or terminate an account where information appears false, fraudulent, incomplete, or where verification cannot be completed.
Verification
We may, at our discretion and where permitted by law, require identity, address, payment-instrument, or business verification before activating, continuing, or upgrading a Service, in particular to prevent fraud, abuse, money laundering, or sanctions violations.
Account Security
You are entirely responsible for maintaining the confidentiality of your account credentials, API keys, SSH keys, passwords, two-factor devices, and billing information, and for all activity occurring under your account, whether or not authorised by you. You must notify us without undue delay at support@quicksrv.io of any actual or suspected unauthorised access. ClearStack B.V. is not liable for any loss or damage arising from your failure to secure your credentials.
Age and Capacity
You must be at least 18 years of age, or have reached the age of majority and legal capacity to contract in your jurisdiction, to enter into this Agreement.
Sanctions and Export Controls
You represent and warrant that you, your beneficial owners, and your end-users are not subject to EU, UN, UK, US, or Dutch sanctions, are not located in a comprehensively sanctioned jurisdiction, and will not use the Services in violation of applicable export-control or sanctions laws.
One Account
Unless otherwise agreed in writing, each Customer may operate a single primary account. We may merge duplicate accounts or refuse the creation of additional accounts intended to circumvent suspensions, refunds, promotions, or fair-use limits.
Services and Support
Provision of Services
We will provide the Services selected by you during the ordering process with reasonable skill and care, subject to this Agreement. Our current Service catalogue consists of KVM Cloud VPS hosted in the Netherlands and the United Kingdom, and cPanel Hosting hosted in the United Kingdom. The specific resources, features, locations, and limits of each plan are described at the point of sale.
Activation
Services are typically provisioned automatically after successful payment and any required verification. We do not guarantee instant activation; provisioning may be delayed by verification, fraud screening, stock availability, or upstream provider constraints.
Beta and Promotional Services
Services or features expressly marked as "beta", "preview", "trial", "promotional" or similar are provided on an as-is basis, may be modified or withdrawn at any time, may carry reduced or no SLA, and may be excluded from refund eligibility.
Support Scope
Our technical support assists with hardware, network, virtualisation platform, and basic infrastructure issues relating directly to the Services we provide. Unless explicitly included in a managed-service plan, support does not include software development, custom application configuration, third-party software troubleshooting, migrations, website debugging, content recovery, or end-user support of your customers. Support is provided in English via the channels published on our website. Response times are targets, not guarantees, unless otherwise stated in a written SLA.
Service Level and Maintenance
Availability
We strive to maintain high availability for our Services. Specific uptime commitments and service-credit remedies (if any) are set out in our separate Service Level Agreement ("SLA"). Service credits, where granted, are the Customer's sole and exclusive remedy for downtime or performance issues.
Planned Maintenance
We may carry out planned maintenance that may temporarily affect Services. We will use reasonable efforts to schedule such maintenance outside peak hours and to provide advance notice where practicable.
Emergency Maintenance
We may carry out emergency maintenance without prior notice where necessary to protect the security, integrity, or availability of the Services, our infrastructure, or third parties.
Exclusions
SLA commitments do not apply to downtime caused by: (a) Customer acts or omissions, including misconfiguration or breach of the AUP; (b) Customer software, scripts, or content; (c) suspension or termination in accordance with this Agreement; (d) upstream network or third-party provider failures outside our reasonable control; (e) DDoS or other malicious traffic; (f) Force Majeure events; or (g) beta, trial, or promotional Services.
Billing, Payments, Taxes and Refunds
Fees
All fees for Services are clearly stated during checkout. Fees are charged in advance for each Billing Cycle. We may change pricing at any time; price changes apply to new Orders and to renewals after notice has been provided in accordance with Section 20.
Taxes
Advertised prices include 21% Dutch VAT (BTW) for private customers — what you see is what you pay. For Dutch businesses, 21% BTW is itemised on every invoice (you may reclaim the input tax through your domestic VAT return). For businesses established in another EU Member State that provide a valid VAT identification number, invoices are issued net under the EU reverse-charge mechanism (Art. 44 Council Directive 2006/112/EC) — the recipient self-accounts for VAT in their own country. For customers outside the European Union, fees are exclusive of any local taxes, duties, withholdings, or levies, which remain the Customer's sole responsibility. You are responsible for providing accurate tax information; we may re-invoice or adjust prior invoices if information later proves incorrect.
Payment Methods
We accept payment by credit/debit card, bank transfer (SEPA and equivalent), Klarna, and selected cryptocurrencies, subject to availability and to the terms of the relevant payment provider. You authorise us, and where applicable our payment processors, to store payment-instrument details and to charge them for renewals, upgrades, overages, late fees, and other amounts due under this Agreement. Cryptocurrency payments are converted to EUR at the exchange rate applicable at the moment the transaction is confirmed on-chain; network, processor, and conversion fees are borne by the Customer. Services are considered paid only once funds have been irrevocably received and confirmed.
Renewals
Unless cancelled in accordance with Section 18, Services renew automatically at the end of each Billing Cycle at the then-current list price.
Late Payments
If an invoice is not paid by its due date, we may (a) suspend or terminate affected Services without further notice, (b) charge statutory interest and reasonable collection costs in accordance with Dutch law, and (c) apply a late fee where permitted. Reactivation of suspended Services may be subject to payment of outstanding amounts in full and to a reactivation fee.
Chargebacks and Reversals
Initiating a chargeback, payment reversal, or fraudulent dispute without first contacting support to resolve the issue constitutes a material breach of this Agreement and may result in immediate suspension and termination, in addition to recovery of associated costs.
Refund Policy
Due to the nature of infrastructure provisioning, KVM Cloud VPS Services are generally non-refundable once provisioned. cPanel Hosting may carry a limited money-back guarantee, subject to specific promotional terms communicated at the point of sale. Setup fees, license fees, add-ons, IP transfer fees, and amounts paid to third parties are non-refundable. Cryptocurrency payments are non-refundable in kind; where a refund is granted on an exceptional basis, it will be issued in EUR at the original transaction rate, net of any fees. Violation of the AUP, this Agreement, or applicable law voids any right to a refund.
Consumer Right of Withdrawal
Where you qualify as a consumer under EU law and the statutory right of withdrawal applies, you expressly request that the Services begin immediately upon activation and acknowledge that, in accordance with Art. 7:408 and Art. 6:230p of the Dutch Civil Code implementing Directive 2011/83/EU, the right of withdrawal lapses once performance has begun with your prior express consent, or to the extent performance has been provided you owe a proportional amount for Services rendered.
Customer Obligations and Acceptable Use
Your use of the Services is at all times governed by this Agreement and the AUP.
Compliance
You agree to use the Services only for lawful purposes and in accordance with the AUP, applicable laws, regulations, and the rights of third parties. You are solely responsible for all Customer Data and all activity conducted through your account, including by your employees, contractors, end-users, and visitors.
Prohibited Activities (non-exhaustive)
Without limiting the AUP, you must not use the Services to: distribute malware, phishing content, or fraudulent material; transmit unsolicited bulk communications (spam); host content that is illegal under Dutch, EU, or UK law, including child sexual abuse material, content infringing intellectual property, or content inciting violence or terrorism; launch or facilitate attacks (including DDoS, port scanning, brute-forcing) against third parties; mine cryptocurrencies on shared-resource plans where prohibited; circumvent security or usage limits; or use the Services in any manner that endangers our infrastructure, network, or other customers.
Fair Use
Where Services are advertised with "unlimited", "unmetered", or similar attributes, such attributes are subject to reasonable fair-use thresholds intended to prevent abuse and protect platform performance. We may contact you to discuss usage that materially exceeds typical patterns.
Cooperation
You agree to cooperate in good faith with lawful requests from us, our upstream providers, law-enforcement, or regulators, including providing information necessary to investigate abuse, security incidents, or legal complaints.
Backups
Unless you have purchased a specific, managed backup service from us, you are solely responsible for backing up Customer Data. ClearStack B.V. does not guarantee data retention and is not liable for data loss due to hardware failure, software bugs, configuration errors, security incidents, or user error.
Content, Intellectual Property and Licensing
Your Content
You retain all intellectual property rights to Customer Data. You grant us a limited, worldwide, royalty-free licence to host, store, transmit, copy, display, and process Customer Data solely as necessary to provide, secure, and support the Services and to comply with law.
Our IP
All right, title, and interest in and to the Services, our software, dashboards, documentation, branding, and any improvements thereto remain the exclusive property of ClearStack B.V. and our licensors. Nothing in this Agreement transfers ownership of any of our intellectual property to you. We grant you a non-exclusive, non-transferable, revocable licence to use the Services solely for their intended purpose during the term of this Agreement.
Feedback
Any feedback, suggestions, or ideas you provide concerning the Services may be used by us without restriction or compensation.
Third-Party Services and Software
The Services may rely on or integrate with third-party software, networks, control panels, operating systems, and providers (e.g. cPanel, virtualisation stacks, upstream carriers, payment processors). Your use of such third-party components may be subject to separate terms and licences. We are not responsible for the availability, performance, accuracy, security, or terms of third-party services, and any related licence fees are passed through to you and are non-refundable.
Data Protection and Privacy (GDPR)
Roles
For the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR") and the UK GDPR, where Customer Data contains personal data, you act as the Data Controller (or Processor on behalf of your own controller), and ClearStack B.V. acts as your Data Processor (or sub-processor, as applicable).
DPA
By accepting these Terms, you also accept our standard Data Processing Agreement, which governs the processing of personal data on our infrastructure, including categories of data, processing purposes, security measures, sub-processors, international transfers, and assistance with data-subject requests.
International Transfers
Where personal data is transferred outside the EEA or the UK, we rely on appropriate safeguards such as the European Commission's Standard Contractual Clauses and the UK International Data Transfer Addendum, supplemented where required.
Privacy Policy
Our collection and use of personal billing and account information is governed by our Privacy Policy.
Confidentiality
Each party may have access to non-public information of the other party ("Confidential Information"). The receiving party shall: (a) use Confidential Information solely to perform its obligations and exercise its rights under this Agreement; (b) protect it with at least the same degree of care it uses for its own confidential information, but no less than a reasonable standard; and (c) not disclose it to third parties except to its employees, contractors, advisors, or sub-processors under equivalent obligations, or where disclosure is required by law. This obligation survives termination for five (5) years, and indefinitely for trade secrets.
Security Incidents and Abuse Handling
Reporting by You
You agree to notify us promptly of any actual or suspected security incident, compromise, or vulnerability affecting your use of the Services.
Reporting by Us
We will notify you without undue delay of any confirmed personal data breach affecting Customer Data of which we become aware, in accordance with the DPA and applicable law.
Abuse Handling
We respond to abuse complaints (including DMCA-style notices, copyright complaints, malware reports, phishing reports, and law-enforcement requests) on a good-faith basis. We may forward complaints to you, require remediation within a reasonable deadline (which may be very short for severe issues), and, if remediation is not provided, suspend, isolate, null-route, or remove offending content or Services.
Warranties and Disclaimers
To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, uninterrupted or error-free operation, or non-infringement. We do not warrant that the Services will meet your specific requirements, that any data will be secure or not lost, or that defects will be corrected. Nothing in this Section excludes warranties or liabilities that cannot be excluded under mandatory Dutch or EU consumer law.
Limitation of Liability
To the maximum extent permitted by applicable Dutch and EU law:
No Indirect Damages
ClearStack B.V., its directors, officers, employees, affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, revenue, savings, goodwill, reputation, data, opportunity, or business interruption, regardless of the legal theory and even if advised of the possibility of such damages.
Liability Cap
In no event shall our aggregate liability arising out of or related to this Agreement, whether in contract, tort (including negligence), warranty, statute, or otherwise, exceed the total amount actually paid by you to ClearStack B.V. for the specific affected Service during the three (3) months immediately preceding the event giving rise to the claim.
Allocation of Risk
You acknowledge that the fees reflect this allocation of risk and that, without these limitations, the fees would be substantially higher.
Exclusions
Nothing in this Agreement excludes or limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be limited.
Claim Period
Any claim arising out of or related to this Agreement must be brought within twelve (12) months after the cause of action arose, otherwise it is permanently barred, except where a longer period is mandatory under applicable law.
Indemnification
You shall defend, indemnify, and hold harmless ClearStack B.V., its affiliates, directors, officers, employees, agents, and suppliers from and against any and all claims, demands, actions, proceedings, damages, liabilities, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Customer Data, including allegations that it infringes the rights of any third party or violates any law; (b) your or your end-users' use of the Services; (c) your breach of this Agreement, the AUP, the DPA, or applicable law; or (d) any chargeback, payment dispute, or fraud associated with your account. We may, at our option, assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with our reasonable requests.
Force Majeure
Neither party shall be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, government action, sanctions, strikes, labour disputes, pandemics, epidemics, internet or network outages, denial-of-service attacks, failures of upstream providers or data centres, and shortages of power or telecommunications.
Suspension and Termination
Termination by You
You may cancel any Service at any time via the quicksrv.io client portal. Unless required otherwise by mandatory consumer law, cancellations take effect at the end of the current Billing Cycle and no pro-rata refund is due for the unused portion.
Termination by Us for Cause
We may suspend or terminate your account and Services immediately, without prior notice or liability, if: (a) you breach this Agreement, the AUP, the DPA, or applicable law; (b) you fail to pay any amount when due; (c) we reasonably suspect fraud, abuse, or unauthorised access; (d) required by law, regulator, court order, or law-enforcement; (e) continued provision would jeopardise our infrastructure, other customers, or third parties; or (f) you become insolvent, file for bankruptcy, or cease operations.
Termination for Convenience
Either party may terminate this Agreement for convenience on thirty (30) days' written notice, provided that any prepaid fees for the remaining Billing Cycle remain due and non-refundable except where termination is initiated by us without cause, in which case unused prepaid fees will be refunded on a pro-rata basis.
Suspension
We may suspend rather than terminate Services where suspension is a proportionate response. Suspended Services remain billable unless and until terminated.
Effects of Termination and Data Retention
Upon expiry or termination of an account or Service: (a) your right to access and use the affected Services ceases immediately; (b) all outstanding fees become immediately due and payable; and (c) we may, at our discretion and subject to applicable law, delete or render inaccessible all Customer Data associated with the terminated Services without further notice. You are solely responsible for exporting Customer Data prior to termination. Sections that by their nature should survive (including Sections 7, 9, 11–17, 19, 23 and 24) survive termination.
Modifications to Terms and Services
Terms
We may modify this Agreement, the AUP, the DPA, the Privacy Policy, and any product-specific terms at any time. Non-material changes take effect upon publication. Material changes will be notified via email or through the client portal at least thirty (30) days before they take effect, unless a shorter period is required by law, security considerations, or regulatory change. Continued use of the Services after the effective date constitutes acceptance. If you do not accept material changes, your sole remedy is to terminate the affected Services before the effective date.
Services
We may add, change, deprecate, or discontinue Services, features, locations, or specifications at any time. Where we discontinue a Service you actively use, we will use reasonable efforts to provide advance notice and a migration path.
Notices and Communications
Notices to you may be sent by email to the address associated with your account, posted in the client portal, or published on our website, and are deemed received upon sending or publication. Notices to us must be sent to support@quicksrv.io, or by post to our registered address listed in Section 3. You consent to receive operational, transactional, security, and legal communications electronically.
Assignment and Subcontracting
You may not assign, transfer, or sublicense this Agreement or any rights hereunder, by operation of law or otherwise, without our prior written consent. We may assign or transfer this Agreement, in whole or in part, to an affiliate, successor, or acquirer in connection with a merger, acquisition, reorganisation, or sale of assets, without your consent. We may engage subcontractors and sub-processors to perform our obligations, while remaining responsible for their performance under this Agreement.
Severability, Waiver and Entire Agreement
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the original intent. No failure or delay by either party in exercising any right shall constitute a waiver of that right. This Agreement, together with the AUP, Privacy Policy, DPA, SLA, and any order- or plan-specific terms, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Amsterdam, Netherlands, save where mandatory consumer law grants you the right to bring proceedings in the courts of your place of residence within the European Union.