Last Updated December 8th, 2015
These Terms of Service (hereinafter, referred to as the “Terms”) is a legal agreement between you (either an individual or a single entity) and VPNSpark having an address at Global Gateway 8, Rue de la Perle, Providence, Victoria, Mahe, Seychelles, P.O Box 440 (hereinafter, referred to as “VPNSpark”, “we”, “our”, “us”) for the services provided through the website www.vpnspark.com (hereinafter, referred to as the “Services”) (hereinafter, you and VPNSpark are sometimes collectively referred to as the “Parties” and each individually a “Party”). By using or purchasing the Services, you agree to be bound by these Terms. The most current version of these Terms can be accessed at Terms of Service.
1.1 The Services allow the users to upload and download digital files by using a remote server hosted in a high-bandwidth data center.
1.2 The Services shall be used for lawful purposes only. You are not allowed to use the Services for (i) sending any spam and other unsolicited advertisements; (ii) uploading, downloading or viewing any unlawful content, including, but not limited to, pornographic, obscene, offensive, or defamatory content.
1.3 You are not allowed to use the Services if, in the country in which you will be using the Services, you: (i) are under the age required to enter into this agreement; (ii) are under the age barred from receiving the Services; or (iii) you are under the age of 16.
1.4 Technical steps to purchase the Services. If you would like to purchase the Services, you need to perform the following steps: (1) visit the website www.vpnspark.com (hereinafter, referred to as the “Website”); (2) press on the green button “GET STARTED NOW” located on the bottom of the main page of the Website; (3) choose a subscription plan; (4) press the button “Order Now” under the chosen subscription plan; (5) add your vpn password; (6) choose your billing cycle; and (7) press on the green button “ADD TO CART”; (8) choose the currency in which you would like to pay the price of the Services; (9) press the green button “CHECK OUT”; (10) choose the payment method which you would like to use to make the payment; (11) enter the username and the password of your account on the Website or register a new account on the Website; (12) enter the details of the payment method which will be used for paying the price of the Services. When you make the required payment, we will send you a confirmatory email informing you about your order. By paying the price of the Services and receiving a confirmatory email, you conclude a service contract in English between you and VPNSpark on the basis of these Terms. After receiving your payment, we will provide you with access to the Services.
1.5 The details of your specific contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order please contact us by using the contact details mentioned in Section 27.
1.6 Correcting input errors. You will be able to identify and correct any input errors prior to making the payment of the price of Services. If you have made any input error in your shopping cart, please go to your shopping cart and correct your error.
1.7 When registering an account on the Website, you must provide VPNSpark with accurate and complete information. You shall update the information in your account if this information becomes out of date.
1.8 Unless you exercise the right of withdrawal stated below, you are not entitled to a refund of any prices paid by you before the termination of your service contract. If you exercise the right of withdrawal, you are entitled to a full refund of any prices paid by you before the termination of your service contract. The right of withdrawal does not apply to service contracts related to our dedicated servers.
1.9 By signing up for the Services, you automatically sign up for receiving our newsletter.
2.1 All title and copyrights in and to the content of the Website, including, but not limited to, any applets, animations, audio, images, photographs, music, and text are owned by VPNSpark or its suppliers. The content of the Website is protected by copyright laws and international copyright agreements. Subject to these Terms, VPNSpark hereby grants you a non-exclusive and non-transferable license to use the content of the Website. VPNSpark may terminate this license if you breach these Terms.
3.1 You retain copyright and/or all other rights which you already hold in the content which is stored on, or distributed through the Services (hereinafter, referred to as the “Your Content”).
3.2 By using the Services, you agree that VPNSpark may: (i) adapt or otherwise make changes to Your Content due to the technical requirements of devices, media, connecting networks, and services; (ii) transmit or distribute Your Content worldwide; (iii) transmit or distribute Your Content over various public networks and in various media; (iv) utilize various third-party software, services or infrastructure with the aim to facilitate adaptation, distribution, and transmission of Your Content.
3.3 By using and/or purchasing the Services, you agree that you will be fully responsible for all Your Content. You hereby acknowledge that you have legal rights to store and distribute Your Content. You hereby acknowledge that Your Content is legal under (i) the laws of the country in which VPNSpark is based, (ii) the laws of the country or region in which you reside, and (iii) the laws of the country or region in which Your Content is physically stored.
4.1 The prices indicated on the Website are indicated in two currencies, namely, EUR and USD. You can select the currency in which you would like to pay the prices.
4.2 The prices remain valid as long as they are indicated on the Website.
4.3 We may alter our price list from time to time. The price applicable is that set at the date on which you order your Services.
5.3 It is your responsibility to verify that all transaction information and other details are correct. VPNSpark shall have no liability for transactions which are incorrect as a result of factors beyond VPNSpark’s control.
5.4 VPNSpark accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and the provider of payment services.
5.5 If you do not make the payments required for using the Services, we may retain or remove content stored by you on our servers.
6.1 Right of withdrawal. You have the right to withdraw from the service contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the service contract. To exercise the right of withdrawal, you must inform VPNSpark of your decision to withdraw from the service contract by an unequivocal statement. You can use the following contact details to exercise your rights of withdrawal:
Email: [email protected]
You may use the model withdrawal form in Section 6.3, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.2 Effects of withdrawal. If you withdraw from the service contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the service contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6.3 Model withdrawal form.
— To: VPNSpark
Email: [email protected]
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
6.4 In order to prevent abuse of these Terms, VPNSpark reserves the right to refuse future services to (i) a customer who seeks multiple refunds; and (ii) a customer who has violated these Terms.
6.5 The right of withdrawal in this Section 6 applies to VPN only. It does not apply to dedicated servers.
7.1 If you would like to send a customer or technical support query to us, please send a support ticket by using the ticketing system accessible through your client area. Alternatively, you can send your customer or technical support queries by using the contact form available at https://www.vpnspark.com/contact or send us an email at [email protected].
7.2 By purchasing the Services, you agree that the support provided by VPNSpark is on an “as-is” and “as-available” basis. VPNSpark does not guarantee that our support will be available at any time and/or our support will able to resolve your problem.
8.1 Downtime compensation. If you do not have access to the Services for a period exceeding 12 hours, VPNSpark will issue to you a credit equal to the duration the downtime lasted. Any downtimes which last less than 12 hours may or may not be credited. VPNSpark will not compensate you for any downtime caused by your ISP or your connectivity to our servers.
8.2 Additional downtime compensation. In our sole discretion, we may provide you with a downtime compensation which is more beneficial than the downtime compensation stated in the preceding Section.
8.3 We will not provide any compensation for loss of data caused by a human error on your behalf.
9.1 You are solely responsible for ensuring backup of Your Content unless you and VPNSpark have arranged that the Services will include backup. We shall not be liable for loss of data or failure to recover data irrespectively of the type of failure.
10.1 You and VPNSpark agree that, when providing the Services, VPNSpark is solely acting as a mere conduit of information. You agree that you are the publisher of Your Content.
10.2 VPNSpark does not filter or inspect Your Content. VPNSpark does not express or imply approval of Your Content.
11.1 You may use the Services in combination with third-party software. Such third-party software may be governed by separate agreements. By downloading, installing, or otherwise using such a third-party software, you may be bound by the terms of the end user licenses governing third-party software. VPNSpark shall not be responsible for any third-party software.
13.1 You understand and agree that the Services may, without a prior notification to you, interrupt at any time and may continue for any duration. You agree that, under no circumstances, we shall be held liable for any damages arising out of or related to such interruptions. One or more such interruptions shall not constitute a default under these Terms.
14.1 To the extent not prohibited by law, VPNSpark shall not be liable for any loss of profits, loss of income, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of the Terms or otherwise. VPNSpark maximum aggregate liability under the Terms whether in tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to VPNSpark in relation to the Services in question.
15.1 TO THE EXTENT NOT PROHIBITED BY LAW, THE SERVICES PROVIDED VPNSPARK ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DISCLAIM ANY WARRANTY (EXPRESS OR IMPLIED), INCLUDING WARRANTIES OF FITNESS OR MERCHANTABILITY FOR A PARTICULAR PURPOSE. TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL VPNSPARK BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES EVEN IF VPNSPARK WAS ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IF THE SERVICES ARE DISRUPTED OR INTERRUPTED, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES CAUSED BY SUCH A DISRUPTION OR INTERRUPTION.
16.1 You agree to indemnify, defend, and hold VPNSpark harmless from and against any and all expenses, obligations, liabilities, and claims, attorney’s fees, legal costs, and losses incurred by us arising out of or in relation to the Services.
17.1 VPNSpark shall not be liable to you or other persons for any failure of performance of any obligation vested in these Terms if such failure is caused by any events beyond VPNSpark’s reasonable control, including, but not limited to, acts of God, acts of terrorism, cable cuts, strikes, wars, fires, floods, vandalism, injunctions, hurricane, governmental acts, riots, third-party provider outages, injunctions, power crisis shortages, and explosions.
18.1 The Parties are independent contractors, and these Terms does not make you an employee, partner, agent of, or joint venturer with, VPNSpark for any purpose. You agree that you are, and will remain, an independent contractor in your relationships with VPNSpark.
19.1 If you violate any of the Terms, in addition to any other remedies available at law or in equity, VPNSpark will have the right, in its sole discretion, to suspend or terminate immediately the Services provided to you.
20.1 You may not assign your rights under these Terms without the prior written consent of VPNSpark, and any such attempted assignment shall be void. This Agreement shall be binding upon the Parties’ permitted assigns and respective successors.
21.1 These Terms shall be read, construed and take effect in accordance with the laws of the Republic of Seychelles and the Parties hereto expressly agree to submit to the exclusive jurisdiction of the courts in the Republic of Seychelles.
22.1 To the extent not prohibited by the applicable law, any controversy or claim arising out of or relating to use of the Website and/or the Services shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the claimant and later apportioned by the arbitrator. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award.
23.1 A failure of a Party to enforce strictly a provision of these Terms shall in no event be considered a waiver of any part of such provision. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
24.1 These Terms constitute the entire understanding between the Parties with respect to the subject matter thereof and supersedes all prior agreements, negotiations and discussions between the Parties relating thereto.
25.1 The unenforceability of any single provision of these Terms shall not affect any other provision hereof. Where such a provision is held to be unenforceable, the Parties shall use their best endeavors to negotiate and agree upon an enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the unenforceable provision.
26.1 VPNSpark reserves the right, at its sole discretion, to change or modify these Terms at any time. Unless otherwise stated in these Terms, any such change or modification shall be effective when published on the following URL:Terms of Service Therefore, you should regularly visit the aforementioned URL to review the current version of the Terms so you are aware of any revision to which you are bound. Your continued use of the Terms after any such changes constitutes your acceptance of the revised Terms. If you do not agree to abide by the revised Terms, please stop using the Services and the Website.
27.1 These Terms has been last amended on 8th of December 2015.
28.1 If you have any questions about these Terms, please contact us by using https://www.vpnspark.com/contact