Terms and conditions of sale and use

Article 1: Definition of this contract

These General Terms and Conditions of Sale and Use (hereinafter referred to as "General Terms") aim to define the conditions under which SunServ.xyz provides the Client with the Service(s) it offers.

Validation of the registration form made available by SunServ.xyz on its client panel, allowing the Client to subscribe to the Services, implies unreserved acceptance of these General Terms. The Client acknowledges these conditions at the time of payment.

These General Terms are valid as long as they are online on the SunServ.xyz website. No tolerance on the part of SunServ.xyz may be interpreted as a waiver of these General Terms.

These General Terms constitute a contract between the Client and SunServ.xyz.

Article 2: Applicable law and competent jurisdiction

These General Terms are governed by French law. Any dispute falls, after an attempt at amicable settlement, under the jurisdiction of the courts.

Article 3: Products and services offered

SunServ.xyz provides game servers with access to its services open to an individual or a group of persons having a tax address in French territory and accepting the clauses of these General Terms, in exchange for payment of a rental whose cost is set according to the chosen plan.

Article 4: Service interruption

SunServ.xyz reserves the right to suspend operations for maintenance or various updates. SunServ.xyz will inform its customers on its website "SunServ.xyz" as far as possible, without being bound to any guarantee, indemnity and/or damages of any kind towards customers.

Article 5: Modification of services offered

SunServ.xyz reserves the right to modify its offers, prices, and plans at any time without notice. The price of prepaid services is guaranteed for the relevant period; offers and plans are also maintained during the relevant period as for prices.

Article 6: Seller obligations

Article 6-1: Order execution

The order will be executed within seven days at most from the day following the client's payment. These deadlines may vary depending on the number of internal orders to process and the volume of servers available in our network.

In the event of unavailability of the ordered product, the client will be informed as soon as possible and will have the option to cancel the order. The client will be informed either by email, telephone, or through the support provided in their client account on the SunServ.xyz client portal.

They will then have the choice of requesting either a refund of the sums paid within thirty days at most of their payment, or the exchange of a product of equivalent value.

Article 6-2: Order delivery

Products are delivered to the client's account from which the order was placed. The consumer is required to check the condition upon delivery of the service or product and report any damage or inconsistency with the order within 24 hours.

SunServ.xyz will inform the client by email of the service availability. The production start of the service determines the initial billing date. The service is made available within a maximum of 7 days from the effective payment. After this period and in case of non-delivery or stock shortage, the client is entitled to request order cancellation and full refund.

Article 6-3: Service availability

SunServ.xyz has no ability to control or influence data traffic outside its own infrastructure. To this extent, SunServ.xyz cannot be held to provide constant availability and successful transfer of information to or from a server.

Furthermore, SunServ.xyz cannot be held responsible for damage caused by the interruption of access to your content or the loss of data you have entered, and more generally any consequential damage from the use or inability to use the Services.

Bandwidth usage is not limited across the architecture. If monitoring detects abusive usage, an email will be sent and bandwidth will be throttled without notice.

However, data is stored on backup disks. In case of hardware failure, SunServ.xyz will make client data available upon request to customer service.

Article 7: Client responsibility and obligation

The use of public proxy servers, streaming servers, VPN, TOR, IRC, Seedbox or others of which SunServ.xyz becomes aware of malicious, fraudulent, or illegal use may result in immediate suspension without notice of the service offered free or for a fee.

Any sending of unsolicited email is strictly prohibited. A proven spam complaint from a recipient will result in termination of the hosting contract.

Article 8: Other client responsibilities and obligations

The client is required to comply with the following rules when using services offered by SunServ.xyz:

– Comply with applicable laws and regulations, particularly rules relating to child and youth protection, intellectual property protection, and personality rights protection.

– The client must not use SunServ.xyz services to view or distribute immoral or illegal content.

– It is prohibited to use SunServ.xyz Services to incite or participate in criminal acts.

Article 9: Liability for content distributed by clients

The client is solely responsible for the content they distribute using SunServ.xyz Services. Thus, the client guarantees they have the necessary rights to distribute the Content. No liability falls on SunServ.xyz.

Content distributed via the Services by the Client does not in any way reflect the opinions and views of SunServ.xyz.

Article 10: Blocking and deletion of content

SunServ.xyz is entitled to refuse content you have made available through the Services. In case of serious suspicion that content violates current legislation or these General Terms, SunServ.xyz reserves the right to terminate the account and associated services.

Article 11: Malicious acts

SunServ.xyz reserves the right to interrupt the Internet connection of the Service rented to the Client if this Service poses a danger to the security of SunServ.xyz's hosting platform.

All malicious or hacking acts reported by our operator will be subject to legal proceedings. The Client agrees to cover all costs necessary to restore platform operation and resolve any other damage caused.

Article 12: Client contact information

Article 12-1: Required information

The client declares being over 18 years of age and having full legal capacity. To benefit from SunServ.xyz services, the client agrees to provide their exact personal details to SunServ.xyz.

In case of invalid identity information, SunServ.xyz reserves the right to suspend the client account until accurate information is submitted.

Article 12-2: Personal information changes

The client agrees to keep their personal information and contact details declared on SunServ.xyz up to date. The client must contact customer service to modify their personal information.

Article 12-3: Confidentiality "Personal Data Protection"

SunServ.xyz must communicate personal information concerning the client upon their request and, if necessary, correct it, in accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms.

Article 13: Liability

The client acknowledges that the proper functioning of SunServ.xyz services is linked to Internet access constituted by the worldwide interconnection of computer networks.

SunServ.xyz is only bound by an obligation of means.

Access to any client account or service is protected by usernames/logins and passwords that clients agree not to share with anyone.

Article 14: Force Majeure

SunServ.xyz's liability cannot be engaged in the event of an insurmountable and unforeseeable event constituting force majeure or fortuitous events.

Article 15: Duration

This contract is concluded for a period equivalent to the chosen offer from the date of client registration on SunServ.xyz sites. The contract is renewed for an equivalent period from the receipt of the subscription payment.

Any default or late payment by the client results in automatic termination of this contract and therefore closure of the service without prior notice.

Article 16: Pricing

In principle, prices set by SunServ.xyz are fixed and in euros. However, SunServ.xyz is authorized to increase prices at any time during the contract for update purposes.

Prices displayed on SunServ.xyz are shown excluding tax and are payable in euros applicable on the order date.

Article 17: Payment

The service price is determined according to the conditions on the service subscription form. Rent is payable in advance for VPS (Virtual Private Servers) contracts offered by SunServ.xyz. Non-compliance with the rental and associated commitments immediately results in suspension of your services and/or termination of the contract and associated services.

Article 17-1: Automatic payment via PayPal

SunServ.xyz offers an automatic payment system for contracts subscribed and settled through the PayPal platform. Automatic debits then occur on each anniversary date of said contract.

Article 18: Termination

By derogation from Article L.121-20-2 of the French Consumer Code, the Client no longer has the right of withdrawal from the date and time of service provision.

By derogation from Article L.121-20-1 of the French Consumer Code, the Client has a 7 (seven) day right of withdrawal if the service has not yet been set up.

To terminate the service, the client must make the request via their client portal, or through the relevant commercial department.

Article 19: Product keys and external services

By purchasing a product requiring an activation key or external service authentication, the client accepts that SunServ.xyz does not provide said licenses under any circumstances. The client is responsible for obtaining external licenses and authentications by their own means.

Article 20: Discord.js Minimum offer

SunServ.xyz offers a free offer entitled "Discord.js Minimum", strictly limited to one service per client account. This offer is intended for personal and reasonable use.

Any attempt to circumvent this rule will result in immediate suspension of all Discord.js services associated with the account concerned.

To unblock suspended services, a flat administrative fee of 1 EUR per affected service will be required.

SunServ.xyz reserves the right to refuse any new subscription to a free Discord.js offer for accounts that have violated these conditions.

Article 21: Use of unlimited storage for gaming servers

Unlimited storage offered in gaming server plans is strictly reserved for use with video game servers and files directly related to their operation (maps, plugins, mods, game saves, etc.).

It is strictly prohibited to use this unlimited storage for:

• Storage of personal files (photos, videos, music, documents)
• Hosting multimedia content (streaming, file sharing)
• Backup of data unrelated to game servers
• Any other misuse of unlimited storage

In case of detection of misuse of unlimited storage:

• SunServ.xyz will immediately suspend the affected service without notice
• Non-compliant data will be deleted after 48 hours following notification
• Compensation fees may be claimed from the client based on the volume of storage used abusively (minimum 10 EUR, up to 500 EUR depending on volume)
• In case of repeat offense, the client account may be permanently suspended without refund

The client acknowledges having read these restrictions and agrees to comply with them. Any dispute regarding storage use must be addressed to customer service within 7 days of suspension.

Article 22: Credit System

Article 22-1: Credit Generation

Any payment made by the client that is not directly linked to an active invoice is automatically converted into credits on the client account. These credits are expressed in euros and correspond to the exact amount of the payment received.

This situation may occur when an automatic PayPal payment is maintained after the cancellation or expiration of a service.

Article 22-2: Use of Credits

Credits available on the client account can be used exclusively for the subscription, renewal, or upgrade of services offered on the SunServ.xyz store. They are automatically applied when placing an order from the client portal.

Article 22-3: Non-refundability and Non-transferability

Credits are in no case refundable, whether in whole or in part, and cannot give rise to a cash payment. They are not transferable from one client account to another.

Article 22-4: Credit Expiration

Credits are valid for a period of 12 (twelve) months from their date of generation. After this period, unused credits are permanently lost, with no possibility of claim.

Article 22-5: Account Deletion

In the event of deletion of the client account, whether initiated by the client or by SunServ.xyz, remaining credits are permanently lost and cannot be subject to any refund or transfer.