Terms and Conditions

General Terms

1. Company identity. The services are provided by K.S.M. Trade Sp. z o.o., NIP/VAT PL5273128546, REGON 52957272900000, with registered address at Aleja Jana Pawla II 27, Warsaw, Poland, 00-867. Customers may contact us through the contact channels published on the website or in the customer panel.

2. Definitions. In these terms, "Service" means any hosting, VPS, dedicated server, test access, software image, support add-on or related hosting service sold by Winservers.NET; "Customer" means the person or company placing the order; "Customer Account" means the billing or service account used to order and manage services; "Service Panel" means the system used to manage orders, invoices, access details or support requests; "Activation" means the technical creation or delivery of access to the Service; "Suspension" means temporary restriction of access; "Termination" means permanent end of the Service; "Billing Period" means the paid service period; "Due Date" means the payment deadline; "Evaluation Image" means a temporary Microsoft Windows Server Evaluation edition; "Production Use" means any long-term, commercial or business-critical use beyond temporary testing; and "BYOL" means bring your own license key.

3. General scope. These terms apply to all services sold by Winservers.NET unless a separate written agreement states otherwise. If there is a conflict between these terms and a specific written agreement, the written agreement applies only to the extent of that conflict. Customer purchase terms, procurement terms or other unilateral documents do not apply unless accepted by us in writing.

4. Contract conclusion and order flow. A customer order is treated as a request to purchase the selected Service. A contract is formed when the customer places an order, accepts the applicable terms, provides required data and payment is received or otherwise accepted. We may refuse, delay or cancel an order if the requested Service is unavailable, the order data is incomplete, additional verification is needed, payment is not confirmed, sanctions or compliance screening raises concerns, or there is a legal, security or abuse-related reason to do so.

5. Registration and automatic acceptance of terms. By registering an account in the billing panel or placing an order on the Winservers.NET website, the customer confirms that they have read, understood and accept these Terms and Conditions in their entirety. Registration and order placement constitute a binding acknowledgement that the customer agrees to be bound by all terms described on this page. The customer may not use the Service if they do not agree to these terms. If the customer has questions about any clause before registration or payment, the customer should contact support for clarification.

6. Order summary and service parameters. The main parameters of the Service are defined by the order page, invoice, quotation, written confirmation or customer panel. These may include CPU, RAM, disk, traffic, IP allocation, operating system image, location, billing cycle and optional add-ons. The customer is responsible for reviewing the order summary before payment and for reporting obvious configuration errors promptly after Activation. For dedicated server plans, the selected hardware configuration, plan tier and service type are fixed for the active contract term and cannot be changed or upgraded within that period. If a different configuration is needed, a new service must be ordered separately.

7. Service description. The customer receives remote access to the rented hosting service as described in the order. Unless the product explicitly says otherwise, the customer receives a right to use server resources for the paid Billing Period and does not receive ownership of the physical hardware, IP addresses, software images or infrastructure components. For dedicated server plans, CPU, RAM and disk resources are fully allocated to the customer. However, network bandwidth and upstream connectivity remain shared infrastructure resources even on dedicated hardware plans, and are subject to fair-use limits as described in these terms.

7. Delivery, access and acceptance. Services are delivered electronically after Activation. Login details, IP addresses and access information are provided through the customer workflow, customer panel, email or support channel. The Service is considered delivered when access credentials or service availability are made available to the customer. If the customer cannot access the Service after delivery, the customer must notify support without undue delay and provide the affected order or service ID.

Licensing and Windows Evaluation

8. Operating system delivery and Windows Evaluation images. Dedicated servers are delivered without a pre-installed production operating system by default. VPS services and dedicated servers may be provisioned with Microsoft Windows Server Evaluation editions for initial testing and deployment purposes only. Evaluation images are not represented as fully licensed production Windows services. The customer acknowledges that Microsoft-defined time and usage limitations apply to Evaluation editions, and the customer's acknowledgement of those limitations may be recorded as part of the order, consent or deployment log. We may send automated reminders about expiration, activation or licensing requirements. The customer is solely responsible for obtaining and maintaining valid Microsoft licenses for any production or long-term use, whether through their own license key, BYOL or separate licensing purchased from a third party, through Microsoft or through us. Operating system licenses — including Windows, Plesk, cPanel and other distributions — are third-party products. Their terms may change at any time, and the responsibility for correct license use lies with the customer. We do not monitor software licensing status inside customer VPS or dedicated server instances and have no obligation to inspect customer systems. After delivery, the customer assumes full responsibility for compliance with Microsoft and other third-party licensing terms. We may suspend, replace, remove or stop offering Evaluation Images if required by licensing, legal or compliance obligations.

9. Microsoft and third-party terms. Per-core licensing on high-core-count servers. Microsoft terms, software vendor terms and other third-party license terms apply independently from these terms where relevant. Nothing in these terms should be interpreted as permission to bypass, avoid or ignore third-party licensing requirements. If a vendor, rights holder or competent authority raises a credible licensing or infringement concern, we may request clarification, restrict the affected Service or require corrective action. Customers should be aware that Windows Server is licensed per physical core. On high-core-count dedicated servers, a full Windows Server Standard or Datacenter license can represent a significant additional cost beyond the hardware rental. Windows 11 Pro is a supported and substantially more affordable alternative for running MT5 remote agents and similar workloads on bare-metal dedicated hardware. The customer is responsible for choosing and obtaining the correct license type for their use case and hardware configuration.

9a. OS maintenance and updates. All operating system maintenance, updates, patches, security fixes and configuration changes on the customer's server are entirely the customer's responsibility. We are not liable for issues arising from OS updates, failed patches, software conflicts, broken configurations or security vulnerabilities introduced through customer-initiated changes or neglected maintenance. We do not perform OS-level management unless a separately agreed managed service is purchased. Before performing a major OS version upgrade or migration, the customer must verify that the new version is compatible with their applications, drivers and service configuration. We are not responsible for incompatibilities or service disruptions resulting from a customer-initiated OS upgrade. Where a critical security vulnerability is identified that poses a risk to infrastructure stability, other customers or network integrity, we may notify the customer and require that specific patches or OS updates be applied within a reasonable period. If the customer fails to take required action after notification, we may restrict or suspend network access to the affected server until the risk is resolved.

Consumer Rights and Payment

10. Consumer withdrawal and early service start. Where consumer withdrawal rights apply under mandatory law, the customer may have a statutory right to withdraw within the applicable period unless an exception applies. If the customer requests that service delivery begin before the end of that period, the customer may be required to expressly acknowledge the consequences of early performance, including the duty to pay for the part of the Service already provided and any loss or limitation of withdrawal rights where permitted by law. This clause is intended to reflect applicable consumer law and does not limit rights that cannot be excluded by law.

11. Payment terms for virtual and dedicated servers. Server rental fees are paid in advance according to the tariff, plan, invoice or individual offer accepted by the customer. Unless the order states otherwise, the standard payment period is one calendar month, and recurring services are billed in equal monthly periods. Payment may be made through the acquiring and payment tools available in the Customer Account, by bank transfer or by other accepted methods such as cryptocurrency, PayPal or other supported payment channels. Prices may be shown and paid in EUR or USD, unless another currency is expressly agreed.

12. Payment fees, currency and third-party costs. We do not intentionally add hidden internal transfer commissions where a payment method is presented as available for the selected Service. However, banks, card acquirers, payment processors, PayPal, cryptocurrency networks, exchanges or intermediary institutions may charge their own fees, conversion spreads, withdrawal fees, miner fees, network fees or bank charges. Such third-party costs are outside our control and may reduce the amount received or refunded. Taxes, VAT or similar charges may be added or withheld where required by law.

13. Refunds, credits and chargebacks. Refunds are provided only where required by applicable law, by a published guarantee policy or by a separate written agreement. Unless mandatory law provides otherwise, refunds are calculated after deduction of the used service period, applicable taxes, payment processing costs and withdrawal or network fees connected with the original payment or refund method, including cryptocurrency, PayPal, card payments or bank transfers. Where a tax deduction or withholding is required, the refund may be reduced accordingly. Service credits may be offered at our discretion or under an applicable SLA. A payment dispute or chargeback does not automatically cancel unpaid obligations and may lead to temporary Suspension while the payment status is investigated.

14. Payment, renewal and overdue invoices. Billing starts according to the selected plan and Billing Period. Fees must be paid by the Due Date. If a Service is not paid or renewed on time, the Service may remain available for a limited delay period of up to 15 calendar days at our discretion, unless abuse, security, legal or compliance issues require earlier restriction. After the delay period, access to the equipment or VPS may be blocked, suspended or restricted. The customer remains responsible for fees already accrued before cancellation, Suspension or Termination. We may correct obvious pricing, tax or invoice errors where legally permitted.

15. Data retention after overdue payment for VPS services. If a virtual server is blocked after non-payment, a copy, image or snapshot of the virtual server may be stored for up to 60 calendar days after blocking, where technically available and commercially reasonable. This retention is not a guaranteed backup service and may be unavailable if the server was deleted by the customer, damaged by software failure, affected by abuse, encrypted by malware, subject to legal restriction or technically unrecoverable. After the retention period, the copy may be permanently deleted without additional notice.

16. Data retention after overdue payment for dedicated servers. If a dedicated server remains unpaid and access is blocked, customer data from that dedicated server may be copied to removable or separate storage within approximately 15 calendar days after blocking, where technically possible and commercially reasonable. If payment is not restored, the dedicated server may be cleared, reprovisioned or deleted after an additional 15 calendar days. A stored copy of the data may then be retained for up to 60 further calendar days. In practical terms, this may provide up to approximately 30 calendar days before server deletion and up to approximately 90 calendar days of copy retention from the first blocking event. These periods are maximum operational retention periods, not guaranteed restore obligations.

17. Cancellation and non-renewal. The customer may stop renewal before the next Billing Period, subject to any notice period shown in the order, invoice, customer panel or separate written agreement. Cancellation affects future renewal only and does not remove payment obligations, compliance obligations or responsibility for activity that occurred before the Service ended.

18. Business customers and consumers. If the customer provides company data, VAT data or orders the Service for business, professional, trading or resale purposes, the customer confirms that the order is made as an entrepreneur or business customer to the extent allowed by law. Mandatory consumer rights remain unaffected where the customer qualifies as a consumer under applicable law.

Data, Privacy and Customer Responsibility

19. Privacy and data processing. We process customer data to provide the Service, maintain the Customer Account, issue invoices, handle support, prevent abuse, secure infrastructure and comply with legal obligations. Personal data is handled under the privacy policy and applicable data protection law. Depending on the Service, the customer may act as controller for personal data stored inside their VPS or server, and the customer is responsible for having a lawful basis for such processing.

20. Electronic logs and acknowledgements. Order acceptance, consent checkboxes, deployment choices, Evaluation Image acknowledgements, invoice events, IP assignments, access delivery, support messages, abuse reports, Suspension events and administrative notices may be logged electronically. These logs may be used to operate the Service, resolve disputes, prove delivery, document customer consent, investigate abuse and comply with legal or compliance obligations.

21. Customer responsibility. The customer is responsible for files, applications, configuration, trading terminals, Expert Advisors, scripts, credentials, stored content and software installed on the server. The Service is not a managed administration service unless this is expressly agreed. The customer should test their configuration and maintain operational procedures suitable for their own risk level.

22. License responsibility. The customer is responsible for any third-party software license used on the server, including Windows, MetaTrader add-ons, indicators, trading tools, database software, remote access tools, antivirus software or other applications, unless the order clearly says that a license is included. For any production or long-term use, the customer must ensure that all required Microsoft and third-party licenses remain valid throughout the Service period. For dedicated servers with high physical core counts, the customer should verify the correct number of Windows Server core license packs required — Windows Server Standard and Datacenter are both licensed per physical core, and each physical server must be covered for all of its physical cores. The customer is solely responsible for this compliance. Windows 11 Pro is available as a significantly cheaper alternative for many trading workloads and is supported by MT5 remote agents; the customer should evaluate which license type is appropriate for their specific use case before ordering.

23. Trading and financial disclaimer. Winservers.NET provides hosting infrastructure only. We do not provide investment advice, trading advice, broker advice, financial recommendations, strategy validation or profit guarantees. Server location, latency, uptime, CPU performance or VPS stability do not guarantee trading profit, better fills, no slippage, order execution quality or broker-side performance. The customer is solely responsible for trading decisions, EA settings, broker selection, account risk and compliance with financial rules applicable to the customer.

24. Support scope. Standard support may help with access, basic connectivity, initial service delivery, reinstall requests, infrastructure checks and billing questions. Unless separately agreed, support does not include debugging trading strategies, rewriting Expert Advisors, configuring broker accounts, repairing third-party software, providing financial advice, recovering customer-created data, managing licenses or performing custom system administration. Support response times are not guaranteed unless a separate SLA or paid support plan applies.

Acceptable Use and Security

25. Acceptable use. The Service may not be used for illegal activity, spam, malware, phishing, credential attacks, brute force activity, port scanning, denial-of-service activity, botnet control, fraudulent pages, copyright infringement, unauthorized scraping, unsolicited messaging, abuse of third-party platforms, evasion of enforcement, IP reputation damage or any other activity that harms infrastructure, other clients or third parties.

26. Security. Customers must use strong passwords, keep software updated, protect private keys, avoid unsafe login sharing and secure applications exposed to the internet. If suspicious activity is detected, we may temporarily block access, null-route traffic, reset access details, request customer action or suspend the affected Service to protect the platform and other users.

27. No monitoring obligation. We do not continuously monitor customer systems inside VPS instances and have no obligation to inspect customer servers for licensing compliance, software configuration, content, trading activity or application behaviour unless we are required to do so by law, a valid enforcement request or a specific compliance obligation.

28. Backups, snapshots and data retention. Unless the order says otherwise, the customer is responsible for backups. Any provider-side backups or snapshots, if available, are internal operational tools and should not be treated as guaranteed restore points. After non-payment, cancellation, Suspension or Termination, stored data may be deleted, overwritten or made unavailable. Restores may be unavailable, limited or subject to additional charges unless a backup service was purchased separately. On-server disk storage — including any additional drives or volumes attached to a dedicated server — is not an automatic backup and does not substitute for a disaster recovery or business continuity plan. The customer is solely responsible for designing and maintaining their own data recovery procedures, backup schedules and business continuity arrangements appropriate to their workload and risk level.

29. Suspension and termination triggers. We may suspend or terminate a Service for overdue payment, chargeback, fraud risk, false customer data, abuse reports, malware, phishing, spam, security risk, legal request, licensing concern, sanctions concern, excessive load affecting other users, refusal to cooperate with an investigation or breach of these terms. Suspension does not waive payment obligations or other remedies available to us.

30. Abuse reports and compliance actions. If we receive a report about spam, fraud, malware, infringement or other abuse, we may review relevant logs, request clarification and take action if the report is supported or urgent. We may suspend, replace or remove an Evaluation Image, IP address, access method, software image or configuration if required by licensing, legal, security or compliance obligations. Cooperation from the customer may be required before access is restored.

31. Service limits and fair use. CPU, RAM, storage, traffic, I/O, IP addresses and other resources are limited by the purchased plan. The customer may not intentionally overload the infrastructure, bypass technical limits or use the Service in a way that degrades service quality for other customers. We may request a plan upgrade, apply technical limits or suspend activity that threatens infrastructure stability.

32. Maintenance and interruptions. Planned maintenance may temporarily affect access or performance, and we will provide notice where commercially reasonable. Emergency maintenance may be performed without prior notice if needed to protect the Service, infrastructure, security, data integrity or other customers. Hardware replacement, network changes, migrations and emergency fixes may temporarily affect availability. OS-level maintenance, updates, patches and security fixes are entirely the customer's responsibility. We are not responsible for issues resulting from customer-initiated OS updates, configuration errors, failed patches or neglected software maintenance. If a customer-performed update breaks OS functionality or causes access loss, resolution is the customer's responsibility unless a separately agreed managed service covers that scope.

Guarantees and Confidentiality

33. Equipment warranty and hardware responsibility. For Services based on rented physical equipment, we are responsible for the physical server hardware that we provide, including hard drives or SSDs, processors, memory modules, power-related components and motherboards, subject to the limits of the selected Service. If a hardware component supplied by us fails, we will diagnose the issue and, where a fault is confirmed, replace the failed component at our own expense. This warranty applies to hardware failure and does not cover customer software, operating system configuration, trading applications, customer data, third-party licensing, malware, customer mistakes, overload caused by customer workloads or failures caused by external networks, power providers, upstream suppliers or force majeure events. If a hardware component is no longer available due to end-of-life, discontinuation or supply constraints, we may replace it with a component of comparable or equivalent specification. In such cases, we cannot guarantee that the replacement hardware will be identical to the original or fully compatible with the customer's installed operating system, drivers, applications or configuration. The customer is responsible for verifying compatibility and restoring software functionality after a hardware component replacement.

34. Hardware diagnostics and replacement procedure. Replacement of suspected faulty equipment is performed only after reasonable technical diagnostics. Diagnostics may require shutting down or disconnecting the server, and during that period the affected equipment may be unavailable to the customer. Standard hardware diagnostics may take from 6 to 24 hours, depending on the component, symptoms, data center access, test results and replacement availability. For non-emergency cases, diagnostics are started after agreement with the customer. In urgent cases where continued operation may endanger infrastructure, data integrity or other customers, we may take protective action first and notify the customer as soon as reasonably possible.

35. Downtime discount for confirmed hardware failure. If the Service is unavailable because of confirmed hardware failure of equipment supplied by us, the customer may receive a proportional discount or service credit for the period of downtime from completion of diagnostics until replacement or restoration of the faulty equipment. The discount does not apply to downtime caused by customer software, customer configuration, unpaid invoices, abuse suspension, licensing issues, planned maintenance, force majeure, third-party networks, operating system errors not caused by hardware failure or delays caused by the customer. Unless a separate SLA provides otherwise, any such discount or credit is the customer's exclusive remedy for confirmed hardware downtime.

36. Confidentiality guarantees. We treat customer server access details, account data, profile data, contact details, billing information and support communications as confidential. We do not sell customer data and do not intentionally provide third parties with access to customer servers, databases, personal information, profile data, telephone numbers or hosted content, except where access is required to provide the Service, process payments, operate infrastructure, respond to support requests, prevent abuse, comply with law, comply with a valid authority request or protect our rights, customers or network. We apply confidentiality obligations during the rental period and, where legally required or commercially reasonable, after the Service ends.

37. Operational privacy limits. We do not intentionally collect private customer content from inside VPS instances and we do not use customer applications, trading terminals, databases or files for profiling, resale or unrelated analytics. We may, however, process technical and operational data needed to run the Service, including logs, IP assignments, bandwidth usage, resource usage, abuse signals, billing events, deployment records, consent records and support history. We do not continuously inspect customer systems, but we may access or preserve limited technical information where necessary for support, security, abuse handling, legal compliance, diagnostics or infrastructure protection.

Complaints and Legal Terms

38. Service level. Unless a separate SLA is written into the agreement, the Service is provided on a best-effort basis. The customer should not assume guaranteed uptime, guaranteed latency, guaranteed benchmark results, guaranteed broker connectivity or guaranteed performance beyond the explicit plan description. Any SLA credit, if applicable, is the exclusive remedy for the covered SLA event unless mandatory law provides otherwise.

39. IP address ownership and use. All IP addresses assigned to the customer remain the exclusive property of the provider at all times, regardless of how long the customer has used them. The customer receives only a right to use the assigned IP addresses for the duration of the paid Service. IP addresses are not transferable to third parties and may not be used outside the assigned Service or region. Upon cancellation, Termination or Suspension, all assigned IP addresses revert to the provider immediately and may be reassigned to another customer without notice or compensation.

39a. IP reputation and blacklist obligations. The customer is responsible for maintaining good IP reputation throughout the Service period. The customer must not use assigned IP addresses in ways that result in blacklisting by anti-spam, anti-fraud or anti-abuse organisations. If an assigned IP address is listed on a recognised blacklist as a result of the customer's activity, the customer is responsible for all costs and administrative effort required to delist it. We may reclaim blacklisted IP addresses immediately to protect network integrity, without compensation to the customer. Fees for the affected Service continue to accrue regardless of whether an IP address has been reclaimed due to blacklisting. If a reclaimed or released IP address carries reputational damage caused by the customer's activity, the customer may be required to cover any resulting costs before a replacement IP is issued.

40. Limitation of liability. To the extent permitted by law, we are not liable for indirect loss, loss of profit, trading loss, lost revenue, loss of business opportunity, loss of data, business interruption, broker execution issues or damage caused by customer configuration, third-party software, internet routing or force majeure. Any liability is limited to direct losses and, where legally permitted, to the amount paid for the affected Service during the relevant Billing Period.

41. Force majeure. We are not responsible for delays or outages caused by events outside our reasonable control, including upstream network failures, power issues, data center incidents, hardware faults beyond our control, supplier failures, acts of public authorities, war, civil unrest, natural events, cyberattacks or other force majeure events.

42. Complaints procedure. If there is a billing question, technical issue or complaint, the customer should contact support first. The complaint should include the customer name, order number, affected service ID, description of the issue, relevant timestamps and the requested remedy. If required information is missing, we may ask for additional details, and the review period starts when the complaint is reasonably complete.

43. Changes to these terms. We may update these terms for future orders or renewals. If a material change affects an active recurring Service, we may notify the customer through the website, customer panel or email. Continued use after the effective date may be treated as acceptance where legally permitted. If the customer does not accept a material change, the customer may cancel future renewal before the next Billing Period.

44. Governing law and venue. These terms are governed by the laws applicable in Poland, subject to mandatory consumer protection rules that cannot be waived. Business customer disputes may be handled by the competent Polish court where permitted by law. Consumers keep any mandatory jurisdiction rights provided by applicable consumer law.

45. Language priority. If these terms are made available in more than one language, the English version may be used as the working version for commercial clarity, but any mandatory consumer or statutory wording required by law remains effective regardless of language. If a local-language version is legally required for a specific customer group, that requirement remains unaffected.

46. Reseller use and hosting provider obligations. If the customer buys services for a third party or resells them, the customer remains responsible for the end user and for ensuring that all use still follows these terms. The reseller must provide end users with terms that are not inconsistent with these terms and remains responsible for abuse, payment and support escalation unless otherwise agreed in writing. If the customer uses the Service to provide public-facing communication, storage or content distribution services to third parties — including but not limited to hosted websites, trading terminals, application access, file storage or any platform accessible to others — the customer may qualify as a hosting provider under applicable law. In such cases, the customer is solely responsible for complying with all legal obligations that apply to hosting providers in the relevant jurisdiction, including obligations to retain identification data for users who contribute content, to store connection logs for legally required periods, to have a process for reporting unlawful content, and to respond to lawful authority requests. We bear no responsibility for the customer's compliance with hosting provider obligations arising from their use of the Service.

Withdrawal Request Form

This form may be used where a statutory consumer withdrawal right applies. Sending this form does not create any withdrawal right where such right is excluded or already lost under applicable law.

To: Winservers.NET / K.S.M. Trade Sp. z o.o.

I hereby notify that I withdraw from the contract for the following Service:

Customer name:

Customer email:

Order number or invoice number:

Service ID, IP address or server name:

Order date:

Requested refund method, if applicable:

Date of request:

47. Final rule. If a separate written contract, invoice note, order summary or support confirmation changes a rule for a specific Service, that written instruction controls for that Service only. Invalidity or unenforceability of one clause does not affect the remaining clauses. For anything unclear, contact support before placing the order.