1.1We are Orbinth Ltd, a company registered in England and Wales under company number [Companies House number]. Our registered office is at [Registered office address], United Kingdom. Our VAT number is [VAT registration number, if registered]. In these terms we refer to ourselves as "Orbinth", "we", "us" or "our".

1.2You can contact us by email at [email protected] (support and billing), at [email protected] (legal notices and complaints) or by post at our registered office. We will contact you using the email address on your account.

1.3"Consumer" means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession. "Business customer" means anyone else. Some sections of these terms apply only to one or the other; where nothing is said, a section applies to everyone.

2.1These terms govern your use of the Orbinth website at orbinth.com, the client area, the server control panel and every hosting service we supply (together, the "Services"). They form a legally binding contract between you and us from the moment you create an account or place an order, whichever is earlier.

2.2Please read them carefully together with our Privacy Notice. Nothing in these terms affects your statutory rights. If you are a consumer, the Consumer Rights Act 2015 gives you rights that we cannot exclude, including that services must be performed with reasonable care and skill.

2.3You must be at least 18 years old and legally capable of entering into a binding contract to create an account or buy Services. Players who join a server you run do not need an account with us; you are responsible for your community (see section 8).

2.4If you accept these terms on behalf of a company or other organisation you confirm that you have authority to bind it, and "you" means that organisation.

3.1We provide (a) game server hosting, provisioned automatically on our nodes with a control panel for console access, file management, backups and settings; (b) virtual private servers (VPS); and (c) dedicated servers, when we make them available. The specification of each plan (memory, CPU, storage, allocations, backup slots and included features) is set out on the order page at the time you order.

3.2Game server software, Docker images and other third-party software that we install for you are provided by their respective owners under their own licences and terms (for example the Minecraft End User Licence Agreement or Steam Subscriber Agreement). By ordering a server you confirm that you accept those third-party terms and will comply with them.

3.3We may improve or change the Services (for example by updating the control panel, changing a Docker image version or replacing a node) provided that any change does not materially reduce the specification you are paying for during your current billing period. Material changes are dealt with in section 15.

3.4Services marked "coming soon" (such as dedicated servers) cannot be ordered. Joining a waiting list creates no obligation on either of us and no payment is taken.

4.1You must give us accurate, complete and up-to-date information and keep it updated in the client area.

4.2You are responsible for keeping your password confidential and for everything done through your account, including by sub-users you invite to your servers. Tell us immediately at [email protected] if you believe your account has been accessed without your permission.

4.3We may suspend or close an account that we reasonably believe is being used in breach of these terms, is being used fraudulently, or has been compromised. Where possible we will tell you first.

5.1Our price list is set in pounds sterling. For your convenience we display prices, and take payment, in the currency of your location (you can change it using the currency selector in the site header). Amounts in other currencies are converted from sterling using the European Central Bank reference rate, updated daily. The converted price shown on the order summary is the price you pay and it is fixed for the life of that subscription; it does not change with later exchange-rate movements. Prices shown to consumers include VAT at the applicable UK rate where VAT applies. Business customers outside the UK may be subject to reverse-charge or local VAT rules and must provide a valid VAT number where relevant.

5.2Payments are processed by Stripe Payments UK Ltd ("Stripe"). We never see or store your full card number. By placing an order you authorise us, through Stripe, to charge your chosen payment method for the initial period and each renewal.

5.3Automatic renewal. Every plan is a subscription. It renews automatically at the end of each billing period you selected (monthly, every three months or annually) at the price shown in your client area, until you cancel. We will send a reminder to your account email before each renewal and before the end of any introductory or discounted period, and you can see the next renewal date and amount at any time in the client area.

5.4Cancelling renewal. You can stop a subscription renewing at any time from the client area (Services > Cancel) with no more steps than it took to subscribe, or by emailing [email protected]. Cancellation takes effect at the end of the current period unless you choose immediate cancellation.

5.5Price changes. We may change the renewal price of a plan by giving you at least 30 days' notice by email before the change takes effect. If you do not want to pay the new price you may cancel before the renewal date and you will not be charged it.

5.6Failed payments. If a renewal payment fails we will retry it and tell you. If payment remains outstanding 7 days after the due date we may suspend the service (your data is kept but the server is stopped). If it remains outstanding 21 days after the due date we may terminate the service and, after a further 7 days, delete its data as described in section 10.

5.7Invoices, including VAT invoices where applicable, are available to download from the client area.

Consumers: 14-day cooling-off period.

6.1If you are a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you the right to cancel a new order within 14 days of the day the contract is made, without giving a reason.

6.2Because our Services start immediately, when you place an order you expressly request that we begin supplying the service during the 14-day period and acknowledge this. If you cancel within the 14 days, we will refund the price paid less an amount proportionate to the service supplied up to the time you told us you were cancelling, within 14 days of your cancellation, using the original payment method.

6.3To cancel, use the client area or email [email protected], or use the model cancellation form at the end of these terms. You do not have to use the form.

Our goodwill guarantee for game servers.

6.4In addition to your legal rights, if you are unhappy with your first game server order for any reason you may request a full refund of the initial payment within 72 hours of the order. This guarantee does not apply to renewals, VPS or dedicated servers, or to accounts that have breached section 8.

Renewals and later cancellation.

6.5After the 14-day period, and for all renewals, you may cancel at any time so that the subscription ends at the close of the period you have paid for. Payments for periods already started are not refundable except where the law requires, where section 11 (service credits) applies, or where we terminate under section 7.3.

6.6If you are a consumer and the Services are faulty, you have the right to ask us to fix the problem or, if we cannot, to a price reduction or refund under the Consumer Rights Act 2015. These rights are not affected by anything in this section.

7.1By you. You may cancel any service or close your account at any time from the client area. Immediate cancellation deletes the server and its data straight away; cancellation at period end keeps it running until the paid period ends.

7.2By us for breach. We may suspend or end a service or your account immediately if you seriously or repeatedly breach these terms (including the acceptable use rules in section 8), if you do not pay when due, or if we are required to by law or a regulator. Where the breach can be fixed we will normally give you a reasonable opportunity to fix it first.

7.3By us for convenience. We may withdraw a plan or a location by giving you at least 30 days' notice. If we do, we will refund any amount you have paid for the period after withdrawal.

7.4When a service ends its data is handled as set out in section 10. Ending a service does not affect sums already due.

8.1You must not use the Services, or allow anyone else to use them, to:

• do anything unlawful under the laws of England and Wales or of the country where you or the server are located;
• store, host or distribute material that infringes copyright or other intellectual property rights (Copyright, Designs and Patents Act 1988), is defamatory, or is otherwise unlawful;
• host or share child sexual abuse material, terrorist content, or content that incites hatred or violence;
• gain or attempt to gain unauthorised access to any system, or interfere with the operation of any computer (Computer Misuse Act 1990), including port scanning, DDoS attacks, booters, stressers or attack tools;
• send spam or unsolicited communications, or run open proxies, open resolvers or open mail relays;
• mine cryptocurrency on game server or VPS plans, or run workloads that intentionally consume more resources than your plan;
• host or distribute malware, cheats, exploits or pirated software;
• circumvent plan limits, share one plan between unrelated communities, or resell the Services without our written agreement;
• harass, threaten or abuse our staff or other customers.

8.2Your community. If you run a server that other people can join, you are responsible for the content and behaviour on it, including moderating illegal or harmful content and complying with the Online Safety Act 2023 to the extent it applies to you. We may remove content or suspend a server in response to a credible report of illegal content.

8.3Abuse reports. Anyone can report abuse to [email protected]. We investigate reports promptly and may cooperate with law enforcement and regulators where the law requires or permits.

8.4If we reasonably believe this section has been breached we may remove content, suspend or terminate the service, and, in serious cases, close your account without refund.

9.1Each plan includes the memory, CPU, storage, network allocations and backup slots shown on the order page. Limits are enforced by the platform; a server that exceeds them may be throttled or stopped until it is back within its limits.

9.2Our DDoS mitigation filters attack traffic before it reaches your server. During a large attack some legitimate traffic may also be affected. Mitigation is provided on a reasonable-efforts basis and we do not guarantee that every attack will be blocked.

9.3Data transfer is unmetered on game server plans provided it is used for the normal operation of the game.

10.1You own the content you upload to or create on your servers ("Content"). You grant us a non-exclusive, worldwide licence to store, copy, transmit and display your Content only as necessary to provide the Services to you.

10.2Backups are your responsibility. The control panel provides backup tools and we recommend you keep copies of anything that matters to you off our platform. We do not guarantee that backups will be available or complete, and, subject to section 12, we are not liable for loss of Content.

10.3Deletion. When a service is cancelled immediately, its files are deleted from the node at once. When a service ends at the close of a billing period or is terminated for non-payment, we keep its files for 7 days so you can reactivate, then delete them. Backups stored on our nodes are deleted within 30 days of the service ending. Deleted data cannot be recovered.

10.4We may access your Content only to provide the Services, to respond to a support request you have made, to investigate a suspected breach of these terms, or where the law requires.

11.1We aim for 99.9% network and node availability in each calendar month, excluding scheduled maintenance, events outside our control (section 16) and downtime caused by you or your Content. Live and historical availability is published on our status page.

11.2If availability in a month falls below 99.9% you may request a credit of 5% of that month's fee for the affected service for each full hour of downtime beyond the target, up to 100% of the monthly fee. Credits are applied to your next invoice and must be requested within 30 days of the end of the month concerned. For consumers, credits are in addition to, not instead of, your legal rights.

11.3We will give at least 48 hours' notice of scheduled maintenance that is likely to interrupt a service, except where urgent security work is required.

11.4Support is provided through the ticket system in the client area. We do not provide telephone support. Support covers the platform and the standard installation of supported games; help with game configuration, mods and plugins is provided on a reasonable-efforts basis.

Applies to everyone

12.1Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

If you are a consumer

12.2We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill. Loss is foreseeable if it is obvious it will happen or if, at the time the contract was made, both of us knew it might happen.

12.3We are not responsible for business losses. If you use the Services for any commercial or business purpose, section 12.4 applies to those losses instead.

If you are a business customer

12.4Subject to section 12.1: (a) we are not liable for any loss of profit, revenue, business, goodwill or anticipated savings, loss or corruption of data, or any indirect or consequential loss; and (b) our total liability to you arising under or in connection with the Services in any 12-month period is limited to the total fees you paid us for the affected Services in that period.

12.5These terms set out the full extent of our obligations to business customers and all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

13.1The Orbinth platform, control panel, website, logos and documentation are owned by us or our licensors and are protected by intellectual property laws. You may use them only to receive the Services.

13.2Game software, Docker images and open-source components remain the property of their owners and are licensed under their own terms.

14.1We process personal data about you as described in our Privacy Notice, which explains what we collect, why, how long we keep it and your rights under the UK GDPR and the Data Protection Act 2018.

14.2Personal data on your servers. Where your Content includes personal data about other people (for example player names, IP addresses in logs or chat records), you are the controller of that data and we act as your processor. In that role we will: only process it to provide the Services and on your documented instructions; keep it confidential; apply appropriate security measures; assist you with data subject requests and security incidents to the extent reasonable; only use sub-processors listed in our Privacy Notice; delete or return it when the service ends (section 10.3); and make available the information reasonably needed to demonstrate compliance with Article 28 UK GDPR. This section constitutes the data processing terms between us for that data.

15.1We may change these terms to reflect changes in the law, our Services or how we run our business. If a change is material and adverse to you we will give you at least 30 days' notice by email and in the client area before it takes effect.

15.2If you do not accept a material change you may cancel the affected Services before it takes effect and we will refund any amount paid for the period after cancellation. Continuing to use the Services after the change takes effect means you accept it.

16.1We are not responsible for any failure or delay caused by events outside our reasonable control, such as power or network failures at a data centre, actions of internet carriers, large-scale cyber-attacks, fire, flood, epidemic, industrial action, or acts of government. We will tell you as soon as reasonably possible and take reasonable steps to minimise the effect. If such an event lasts more than 30 days either of us may end the affected service and we will refund any amount paid for the period after termination.

17.1If you are unhappy with our Services, please contact us first at [email protected] or through a support ticket marked "complaint". We will acknowledge your complaint within 5 working days and aim to resolve it within 28 days.

17.2We are not required to, and do not currently, use an alternative dispute resolution (ADR) provider. Consumers may seek free advice from Citizens Advice (citizensadvice.org.uk).

17.3These terms are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction, except that if you are a consumer resident in Scotland or Northern Ireland you may also bring proceedings in your local courts and you retain the benefit of any mandatory consumer protection law of the country in which you live.

18.1We may transfer our rights and obligations under these terms to another organisation; we will tell you if this happens and ensure it does not affect your rights. You may not transfer your rights without our written consent, which we will not unreasonably refuse.

18.2No one other than you and us has any right to enforce these terms (Contracts (Rights of Third Parties) Act 1999).

18.3If a court finds part of these terms unlawful, the rest will continue in force. If we delay enforcing these terms we can still enforce them later.

18.4For business customers these terms, the order summary and the Privacy Notice are the entire agreement between us and supersede any prior discussions or representations.

Complete and return this form only if you wish to cancel a contract within the 14-day cooling-off period.