1. Your account
You must provide accurate registration information and keep it current, including billing contact details. Accounts are accessed via single-use login links sent to your registered email — you're responsible for keeping that inbox secure, and for any activity that occurs under your account as a result of failing to do so.
Accounts may not be shared across unrelated organizations or resold as a login without a separate reseller agreement in place.
2. The services
Xervera provides three distinct services, each with different ownership and responsibility boundaries:
- VPS Hosting — a virtualized server instance running on Xervera-owned hardware. Xervera is responsible for the physical infrastructure; you're responsible for everything inside your instance.
- Bare Metal Servers — a dedicated physical server owned by Xervera and leased to you for the term of your plan. You have full administrative control but do not own the underlying hardware.
- Colocation — rack space, power, and connectivity for hardware that you own or lease from a third party. Xervera does not own, and is not responsible for the condition of, colocated equipment.
3. Acceptable use
You may not use any Xervera service to send unsolicited bulk email, distribute malware, launch or participate in denial-of-service attacks, host content that infringes intellectual property rights, or violate applicable law. This applies equally to virtual instances, bare metal servers, and equipment you colocate with us.
We reserve the right to investigate suspected violations and to suspend service where necessary to protect our network or other customers, following the process described in Section 11.
4. Billing & renewals
Services are billed monthly or annually in advance, at the rate selected at checkout. Annual plans lock in the discounted rate for the full term; monthly plans renew at the listed monthly rate, which will not increase without at least 30 days' notice.
Colocation and custom bare metal contracts follow the billing terms in your signed service agreement, which takes precedence over this section where the two conflict.
5. Cancellation & refunds
VPS and bare metal plans can be cancelled at any time from your account panel, effective at the end of the current billing period. New VPS and bare metal orders are covered by a 30-day service credit guarantee if provisioning does not match the advertised specification — this is a credit remedy, not a cash refund, except where required by law.
Colocation contracts are governed by the term and early-termination provisions in your signed agreement.
6. Your content & data
You retain all rights to content and data you store on Xervera services. We do not access the contents of your VPS, bare metal server, or colocated equipment except as necessary to provide support you've requested, investigate a suspected acceptable-use violation, or comply with a valid legal process.
You're responsible for maintaining your own backups. Weekly snapshots are provided on VPS plans as a convenience, not a substitute for an independent backup strategy.
7. Colocation equipment
Title to any equipment you colocate remains with you or your lessor at all times. You're responsible for insuring your own equipment against loss or damage; Xervera's liability for colocated hardware is limited as described in Section 10. On contract termination, you have 15 business days to arrange removal before storage fees apply.
On bare metal plan cancellation, drives are securely wiped per our data destruction policy before the chassis re-enters inventory. We do not return decommissioned bare metal hardware, as it remains Xervera property.
8. Facility access
Colocation customers with an active service agreement may request facility access during posted hours, subject to identity verification and any facility-specific escort policy. Remote-hands requests are billed per your plan's included allotment and the per-increment rate thereafter. Unauthorized access attempts, or bringing unauthorized individuals into a data hall, are grounds for immediate suspension of access privileges.
9. Availability & SLA
Uptime commitments and service credit calculations are described in full on our SLA & Uptime page, which is incorporated into these Terms by reference. Scheduled maintenance announced at least 72 hours in advance is excluded from downtime calculations.
10. Liability
To the maximum extent permitted by law, Xervera's total liability arising from these Terms or your use of the services is limited to the amount you paid for the affected service in the three months preceding the claim. Xervera is not liable for indirect, incidental, or consequential damages, including lost profits or lost data, except where such limitation is not permitted by applicable law.
For colocated equipment specifically, Xervera's liability is limited to damage directly caused by our negligence in facility operation, and does not extend to equipment failure, theft by third parties despite reasonable security measures, or acts of God.
11. Suspension & termination
We may suspend or terminate service for non-payment, a confirmed acceptable-use violation, or a legal requirement to do so. Where practical, we'll provide notice and a reasonable opportunity to cure the issue before suspension. Either party may terminate a month-to-month plan at any time; fixed-term contracts follow their own termination provisions.
12. Changes to these terms
We may update these Terms from time to time. Material changes will be announced by email at least 30 days before taking effect. Continued use of the service after that date constitutes acceptance of the updated Terms.
Questions about these Terms can be sent to legal@xervera.net.