Terms of Service

1. About these Terms

These Terms of Service ("Terms") govern your use of the services FlexDedi provides through flexdedi.com, the client area and the API. They form a contract between you and the FlexDedi entity identified on your order confirmation and invoices ("FlexDedi", "we", "us" or "our").

The Acceptable Use Policy ("AUP") and the Service Level Agreement ("SLA") are part of these Terms, and our Privacy Policy explains how we handle personal data. By placing an Order, opening an account or using the Services, you accept these Terms. If anything is unclear, ask us before you order: how to reach us lists the right channel for your question.

2. Definitions

• Services: the servers, network connectivity, IP addresses, DDoS protection, out-of-band console, private networking, control panel, API and support we provide.
• Server: a single-tenant physical server we make available to you, with the configuration stated in your Order.
• Order: your request for Services, placed on our website, in the client area or by accepting our quote, once we have confirmed it.
• Billing period: each one-month period for which a Service is billed.
• Port: the public network port or ports of a Server, at the speed stated in your Order (10, 25, 2 × 25 or 2 × 100 Gbps).
• Customer Data: any data, software or content that you or your users store, process or transmit using the Services.

3. Accounts and eligibility

You must be at least 18 years old and able to enter into a binding contract. If you order on behalf of an organization, you confirm that you are authorized to accept these Terms for it, and "you" then means that organization.

You must give accurate information and keep it up to date. We may verify your identity, organization or payment method before delivery or at any later time, and decline or cancel an Order if verification fails.

You may not use the Services if you are the target of sanctions under laws that apply to you or to us, or if you are located in a country or region under comprehensive sanctions. You must not give access to the Services in breach of export control or sanctions laws.

You are responsible for keeping your account credentials and API keys secure, and for all activity under your account. If you suspect unauthorized access, tell us promptly through support.

4. Orders and provisioning

You can order on our order page, in the client area, or by accepting a quote for a custom build or for fleet pricing from 5 servers. An Order becomes binding when we confirm it. We may decline an Order, for example if we cannot verify your details or the configuration is not available in the chosen location, and we refund anything you paid for it.

Delivery times are estimates. Configurations marked "Ready in minutes" are pre-racked and burn-in tested, and usually delivered within 15 minutes of payment with the operating system installed. "Same-day" configurations (Storage, GPU and Max) are assembled to order and usually delivered the same day.

Delivery times are not guaranteed or covered by the SLA. If we cannot deliver a paid Order within a reasonable time, you may cancel it for a full refund. The first billing period of a Server starts on the day it is delivered.

5. Prices, billing and payment

Prices are in US dollars (USD) per month and exclude taxes. Where the law requires it, we add VAT, GST, sales tax or similar taxes, based on the information you give us, such as your country and tax identification number. There are no setup fees.

Services are billed monthly in advance. A Server's monthly price includes its configuration, the stated Port with unmetered traffic, one IPv4 address and a /64 IPv6 block, DDoS protection, IPMI and HTML5 KVM console access, private networking between your Servers in the same location, and support. Additional IPv4 addresses, custom builds and other options are billed as stated in your Order or quote.

Invoices are due on the date shown on them. When online payment is available, it is handled by third-party payment processors. If you save a payment method for automatic renewal, you authorize us and our processors to charge it at the start of each billing period until you cancel.

We may change our prices with at least 30 days' notice. A new price applies from the first billing period that starts after the notice period, and you may cancel before then if you do not accept it. The price of a billing period you have already paid never changes.

6. Cancellation and refunds

You can cancel a Service at any time. There is no minimum term and no long-term contract: the Service stays active until the end of the billing period you have already paid for, then ends without further charges.

We do not refund partial months or unused time, unless these Terms say otherwise or the law requires it. Service credits under the SLA are applied to future invoices, not paid out as refunds. Copy any data you want to keep before your last billing period ends, because a Server's drives are erased when its Service ends, as described in section 11.

7. Network, traffic and IP addresses

Traffic is unmetered on every Server: there is no monthly cap and no egress or overage fee, inbound or outbound. The Port speed stated in your Order is the limit, although actual throughput to a given destination also depends on networks outside ours. Fair use of an unmetered Port is explained in the AUP.

DDoS protection is always on for every IP address and included in the price. To protect your Server, our network and other customers, mitigation may include filtering or rate-limiting traffic and, if an attack threatens the network, temporarily null-routing the targeted IP address. Private networking (VLANs) between your Servers in the same location is free, and internal traffic is not billed.

IP addresses we assign to you remain allocated to FlexDedi or to the party we obtained them from. You may use them while the related Service is active, but they are not portable: you cannot transfer them to another provider, keep them after the Service ends or announce them from another network. We may ask how you will use additional IPv4 addresses before assigning them, and in rare cases, such as a registry requirement, we may need to replace an address with reasonable notice.

You can set reverse DNS in the client area, and you are responsible for your addresses' reputation, for example with blocklist operators and email providers.

8. Your responsibilities

Servers are unmanaged unless your Order states otherwise. You have full root or administrator access, and you are responsible for:

• installing, configuring and updating your operating system and software, including images from our OS library
• securing your Servers, credentials and API keys, and applying security updates promptly
• backing up Customer Data
• holding valid licenses for the software you run, including commercial operating systems, unless your Order includes one
• the lawfulness of Customer Data and of everything you, your users and your customers do with the Services

You may use the Services to serve your own customers, for example with hosting, SaaS or game servers, but you remain responsible for their use and their compliance with these Terms and the AUP. You must comply with all laws that apply to your use of the Services, answer abuse notices within the time set in the AUP, and cooperate with us when we investigate an incident involving your Services.

9. Support and maintenance

Our engineers provide support 24/7/365 through tickets in the client area, available while you have an active Service, for the hardware, network and platform features we provide, such as the control panel, API, OS images and out-of-band console. Help with your own operating system or software is best-effort and does not make us responsible for it. Free migration help covers planning your move from another provider, and transferring your data remains your responsibility.

Scheduled maintenance that may interrupt a Service is announced to affected customers at least 48 hours in advance, as described in the SLA. Urgent maintenance needed to fix a security issue or prevent a wider outage may happen with shorter notice.

10. Our equipment

Servers, network equipment and all other hardware used to provide the Services remain the property of FlexDedi or its suppliers. You receive a right to use the Server assigned to you while the Service is active, and no ownership in the hardware passes to you. Physical access to our facilities is not part of the Services.

You must not flash or modify firmware, or run hardware outside the manufacturer's specifications, for example by overclocking or raising power limits, and you are liable for damage caused by doing so. We keep spare parts in every location, replace failed components under the SLA, and may replace a component or the whole Server with one of the same or higher specification.

11. Customer Data and deletion

You keep all rights to Customer Data. We do not access data stored on your Servers, except at your request, for example during a support case, or where the law requires it. Our network systems process traffic to and from your Servers to route it and to detect and mitigate attacks.

When a Service ends, for any reason, its Server is deprovisioned and its drives are securely erased, with a method suited to the drive type, before the hardware is reused. Erasure normally takes place within 7 days after the Service ends. We keep no copies of Customer Data and cannot restore access to it once a Service has ended, unless the law requires us to preserve it.

If Customer Data includes personal data, you are responsible, as controller, for processing it lawfully.

12. Suspension and termination

We may suspend all or part of a Service, for example by restricting network access or null-routing an IP address, if:

• an invoice is still unpaid 7 days after its due date
• you breach the AUP, following the notice and response process it describes
• your Server is compromised or harming our network, other customers or third parties
• the law or a competent authority requires it
• we reasonably suspect fraud or unauthorized use of your account

We limit a suspension to what is reasonably necessary and lift it once the cause is resolved. Fees continue to apply during a suspension caused by you, and data on a suspended Server is kept until the Service ends.

We may terminate a Service if an invoice is still unpaid 21 days after its due date, for severe or repeated AUP breaches, or for any other material breach you do not fix within 7 days of our notice. We may also end a Service for any other reason with at least 30 days' notice, and refund the fees you paid for any period after it ends.

When a Service ends, your right to use it and its IP addresses ends, and its drives are erased as described in section 11. Provisions that by their nature should survive, such as payment, liability, indemnity and governing law, continue to apply.

13. Service levels and credits

The SLA sets our 99.99% monthly network availability commitment for each Server's Port, our hardware replacement commitment and the service credits that apply if we miss them. Service credits are available only under the SLA, must be claimed as it describes and are applied to future invoices. Except where the law provides otherwise, they are your only remedy for failures to meet the SLA.

14. Warranties disclaimer

We provide the Services with reasonable skill and care. Except as expressly stated in these Terms and the SLA, and to the extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. Delivery estimates and other information on our website describe how the Services usually work and are not warranties.

15. Limitation of liability

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, or for loss of profits, revenue, business, goodwill or data, however caused.

To the extent permitted by law, our total liability arising out of or in connection with these Terms and the Services, for all claims combined, is limited to the fees you paid us in the 3 months before the event giving rise to the liability.

These limits do not apply to your obligation to pay fees, to your indemnity obligations under section 16, or to liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence.

16. Indemnity

You will defend and indemnify FlexDedi, its affiliates and their personnel against third-party claims, and the resulting losses, damages, fines and reasonable legal costs, arising from Customer Data, from your breach of these Terms or the AUP, or from a violation of law or third-party rights by you, your users or your customers.

We will tell you promptly about any such claim, let you control its defense and settlement, and give you reasonable help at your expense. You may not settle a claim in a way that imposes obligations on us without our consent.

17. Changes to the Services and these Terms

We may change or discontinue features of the Services. If a change materially reduces a Service you are using, we will give you at least 30 days' notice, and you may cancel the affected Service before it takes effect.

We may update these Terms and the policies they include. We will notify you of material changes at least 30 days in advance, by email or in the client area, and change the "updated" date on this page. If you keep using the Services after the changes take effect, the updated Terms apply; if you do not agree, you may cancel before then. Changes required by law may take effect sooner.

18. Force majeure

Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as natural disasters, fire, flood, war, terrorism, civil unrest, epidemics, government action, or widespread failures of public power or telecommunications networks. This does not excuse payment for Services delivered to you. If such an event prevents a Service from being provided for more than 30 consecutive days, either party may end that Service by notice.

19. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which the FlexDedi entity identified on your order confirmation and invoices is established, without regard to its conflict-of-law rules. The courts of that jurisdiction have exclusive jurisdiction over disputes arising from these Terms or the Services, except where mandatory law allows you to bring proceedings elsewhere.

If you are a consumer, you keep the protection of the mandatory laws of your country of residence, and nothing in these Terms limits your statutory rights. Before starting formal proceedings, please contact us so we can try to resolve the issue.

20. General provisions

• Entire agreement. These Terms, the policies they include and your Orders are the entire agreement between you and FlexDedi about the Services. If a quote we issued and you accepted conflicts with these Terms, the quote prevails for the Services it covers.
• Severability. If any part of these Terms is found invalid or unenforceable, it is limited or removed to the minimum extent necessary, and the rest remains in effect.
• No waiver. Not enforcing a right immediately does not waive it.
• Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours to an affiliate or to a successor in a merger, acquisition or sale of assets, with notice to you.
• Notices. We send notices to the email address on your account or through the client area. You send notices to us through a support ticket in the client area or, if you have no active Service, by replying to the last message we sent you.

21. Contact

Customers ask questions about these Terms, and get help with an active Service, through a support ticket in the client area. Before you order, how to reach us lists the right channel for your question. To report abuse, use the abuse reporting page.