These Terms of Service ("Terms") govern your use of the services provided by ServerSpark ("ServerSpark", "we", "us"). By ordering or using a service you agree to these Terms. Please read them — in particular clause 11 (Limitation of liability), which limits what we owe you if something goes wrong.

1. Who we are

• Trade name: ServerSpark, a registered trade name of [LEGAL_NAME]
• Legal form: eenmanszaak (sole proprietorship), Netherlands
• Registered address: [BUSINESS_ADDRESS]
• KvK number: [KVK_NUMBER] · VAT (BTW-id): [BTW_ID]
• Contact: [SUPPORT_EMAIL]

2. Definitions

Service means a game server, VPS, dedicated server or hosting product supplied by us. Customer means the natural or legal person entering into an agreement with us. Consumer means a Customer acting outside their trade or profession.

3. Orders and formation of contract

1. An agreement is formed when we confirm your order and payment has been received.
2. Services are normally provisioned immediately after payment. Where capacity is unavailable, we will tell you and refund you in full.
3. You must be 18 or older to order. If you are under 18, you confirm you have permission from a parent or guardian, who accepts these Terms on your behalf.
4. We may refuse an order at our discretion, for example where we cannot deliver honestly or where use would breach clause 7.

4. Right of withdrawal (consumers)

1. As a Consumer you have a statutory right to withdraw from a distance contract within 14 days without giving a reason.
2. Our services begin immediately at your request. By ordering and ticking the confirmation at checkout, you expressly request immediate performance and acknowledge that you lose your right of withdrawal once the service has been fully performed, in accordance with Article 6:230p of the Dutch Civil Code.
3. If you withdraw before the service is fully performed, you owe an amount proportionate to what has been provided up to that point.
4. Nothing in these Terms limits your statutory rights as a Consumer.

5. Prices and payment

1. Prices are in euros and, for Consumers, include VAT unless stated otherwise.
2. Payment is handled by our payment provider. We never receive or store your card details.
3. Services are billed in advance for the agreed period.
4. We may change prices for future terms with at least 30 days' notice. You may cancel before the change takes effect.

6. Term, renewal and cancellation

1. Services run for the period paid for and are not automatically renewed unless you choose a recurring subscription.
2. You may cancel at any time from your account or by contacting support; cancellation takes effect at the end of the paid period.
3. If a service is not renewed, we may suspend it after the paid period ends and permanently delete its data 7 days later. Export your data before then.

7. Acceptable use

You may not use a Service to:

1. host, store or distribute anything unlawful under Dutch or EU law, including child sexual abuse material and infringing copyrighted material;
2. conduct or facilitate attacks, including DDoS, port scanning, brute-forcing or intrusion attempts;
3. send spam or unsolicited bulk email, or damage the reputation of our IP space;
4. mine cryptocurrency;
5. run anything that endangers the stability or security of our infrastructure or other customers.

Our upstream providers' acceptable-use policies also apply to your use of the Service.

8. Backups and your data

1. You are responsible for maintaining your own backups. Any backup facility we provide is a convenience, not a guarantee.
2. Your content remains yours. You can export it at any time, and we will assist on reasonable request.
3. We may remove unlawful content, and will tell you when we do unless legally prevented.

9. Support and availability

1. Support is provided by a human, via the channels listed on our website.
2. We do not offer a contractual SLA or uptime guarantee. We will be honest about outages rather than hide them, and we publish a status page.
3. We aim to respond within 24 hours, and usually much faster. This is a target, not a guarantee.
4. We support the services we provide, not third-party software, plugins or modifications — though we will often point you in the right direction.

10. Suspension and termination

1. We may suspend a Service immediately where required to protect our infrastructure, other customers, or to comply with the law, or where clause 7 is breached.
2. Where circumstances allow, we will contact you first. Where they do not, we will explain afterwards.
3. We may terminate with 30 days' notice for any other reason, refunding any unused prepaid period.

11. Limitation of liability

12. Force majeure

Neither party is obliged to perform any obligation if prevented by force majeure. Force majeure includes: war and threat of war, riots, strikes, fire, water damage, flooding, atmospheric conditions, prolonged power failure, maintenance or changes to third-party telecommunications or electricity networks, cable breaks, attacks on a network or server including DDoS and DoS, disruption of networks material to ServerSpark, disruption of communication links, and failure or prolonged non-performance by suppliers on whom ServerSpark depends.

13. Privacy

We process personal data as described in our Privacy Policy.

14. Changes to these Terms

We may amend these Terms. Material changes will be announced at least 30 days in advance. If you do not accept a change, you may cancel before it takes effect.

15. Governing law and jurisdiction

1. Dutch law applies to these Terms and to every agreement between us.
2. Disputes will be submitted to the competent court in the district of our registered office, unless mandatory law designates another court. Consumers retain the right to bring proceedings in the court designated by law.
3. Consumers may also use the European Commission's ODR platform at ec.europa.eu/odr.