Terms of Service

1. Parties

These Terms of Service (Terms) form a legally binding agreement between:

• DataPasa Limited, a company registered in England and Wales (Company number: 17164297), with registered address at 124 City Road, London, United Kingdom, EC1V 2NX, registered with the UK Information Commissioner's Office under reference ZC223060 (we, us, DataPasa); and
• The individual or entity that creates an account and uses our services (you, customer).

By registering for or using the DataPasa platform, you agree to be bound by these Terms. If you do not agree, you must not use our services.

2. Services

DataPasa provides cloud-based virtual private server (VPS) hosting and related infrastructure services (Services). The Services include:

• Provisioning and management of virtual servers in available data-centre locations.
• A customer dashboard for ordering, managing, and monitoring your resources. We operate two dashboards in parallel: cloud.datapasa.com, which serves accounts created after the migration, and my.datapasa.com, which continues to serve accounts created before it. Where these Terms and our other policies refer to the customer dashboard, they mean whichever of the two your account is registered in. Both are operated by DataPasa Limited and both are covered by these Terms.
• Additional services and add-ons as listed on our pricing page.

We reserve the right to modify, add, or discontinue any part of the Services with reasonable notice.

3. Account Registration

• You must be at least 18 years old to use our Services.
• You must provide accurate, current, and complete information when registering.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately of any unauthorised use of your account.
• One account per person or legal entity; creating multiple accounts to circumvent restrictions is prohibited.

4. Billing and Payment

• Prepaid model — Services are provided on a prepaid basis. You top up a USD balance and charges for active services are deducted from that balance.
• Hourly billing — Virtual servers are billed hourly in advance. At the start of each hour of service, the applicable hourly rate is charged to your balance. Any monthly price shown on our website is the hourly rate multiplied by 730 hours and is provided for comparison only.
• Insufficient balance — If your balance is not sufficient to cover the next hour, the service is suspended and, if the balance is still not topped up before the end of the grace period shown in the customer dashboard, the service and its data are deleted.
• Accepted payment methods — bank cards (Visa, Mastercard, and others), e-wallets, and cryptocurrency. See our website for the current list.
• Currency — all balances and charges are denominated in US Dollars (USD).
• VAT — prices are shown excluding VAT. VAT may be applied depending on your location and applicable law.
• Digital services exemption — by requesting immediate provision of digital services, you acknowledge that the 14-day right of withdrawal under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to services that have commenced performance at your request (see Section 11).

5. Service Availability

• We target 99.9% monthly uptime for virtual server availability, as described in our Service Level Agreement (SLA).
• Scheduled maintenance will be announced with reasonable advance notice and conducted during low-traffic periods where possible.
• We are not liable for outages caused by events outside our reasonable control (force majeure), including natural disasters, internet infrastructure failures, or actions of third parties.

6. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Breach of the Acceptable Use Policy is a breach of these Terms.

7. Suspension and Termination

We may suspend or terminate your account and Services if:

• Your balance is insufficient to pay for active services.
• You breach these Terms or our Acceptable Use Policy.
• We are required to do so by law or a competent authority.
• We reasonably believe your account is being used fraudulently.

Upon termination, your data and server contents will be retained for 30 days, after which they will be permanently deleted. You are responsible for backing up your data before termination.

You may close your account at any time. Section 8 explains how.

8. Closing Your Account

You can close your account yourself from the customer panel, under Profile, then Your data. You can also ask us to do it by emailing support@datapasa.com. The following applies either way.

8.1 Cancel your services first

Closing your account does not cancel or delete your Services, and we will not delete them on your behalf. You must cancel and delete every active service yourself before you can close the account. This includes services that are suspended or expired but still within their grace period, because they can still be restored and their data still exists. If any service is still present, the panel will refuse the request and list what is outstanding.

8.2 Your remaining balance

Before you confirm closure, you may request a refund of your unused balance under our Refund Policy. Open a support ticket and we will process it under the terms set out there.

If you confirm closure without requesting a refund, any remaining balance on your main account and on your affiliate account is forfeited and retained by DataPasa Limited. Once erasure has run, we cannot reverse this, because the account it belonged to no longer exists.

We do not spring this on you. Before you can confirm, the panel shows you the exact amount, states plainly that it will be forfeited, and gives you a direct link to request a refund instead. The confirmation button is deliberately delayed so you have a moment to read it, and you must tick a separate box acknowledging the forfeiture.

Promotional and bonus credits are not money and were never purchased. They carry no cash value and are cancelled when the account is closed, whether or not you request a refund.

8.3 The 30-day window

Your account is disabled as soon as you confirm, but nothing is erased and no balance is forfeited for 30 days. We email you a cancellation link. If you use it within those 30 days, your account and balance are restored exactly as they were. After 30 days, erasure and forfeiture happen together and are final. What we erase, what we keep, and why, is set out in section 9 of our Privacy Policy.

8.4 Your statutory rights

Nothing in this section affects your statutory rights as a consumer, including any right to a refund that arises because we failed to supply a service with reasonable care and skill, or as described in the Refund Policy. Forfeiture applies only to a voluntary closure that you initiate and confirm after being shown the amount at stake.

9. Intellectual Property

• You retain all intellectual property rights in the content and data you store on our servers.
• DataPasa retains all intellectual property rights in the platform, dashboard, software, and documentation.
• Nothing in these Terms grants you any licence to use our trademarks, logos, or branding.

10. Limitation of Liability

• To the maximum extent permitted by applicable law, our total liability to you in connection with the Services shall not exceed the fees you paid to us in the three months preceding the claim.
• We are not liable for any indirect, consequential, special, or punitive damages, including loss of profits, loss of data, or business interruption, except where such exclusion is prohibited by UK law.
• Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under English law.

11. Consumer Rights

If you are a consumer (an individual acting outside of a business), your statutory rights under the Consumer Rights Act 2015 and other applicable UK consumer protection legislation are not affected by these Terms.

Under Regulation 36(1)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the 14-day right of withdrawal does not apply to digital content or services where you have expressly requested performance to begin before the end of the withdrawal period and have acknowledged that you will lose your right of withdrawal. By ordering and using our Services, you expressly make this acknowledgement.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, subject to your right as a consumer to bring proceedings in your local courts under applicable UK consumer protection rules.

13. Changes to These Terms

We may update these Terms from time to time. We will give you at least 30 days' notice of material changes by email. Continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes.

14. Contact

For questions about these Terms, please contact us at support@datapasa.com.