Updated 23-12-2022

 

Our Terms of Service

By placing an order electronically (web order form) you are agreeing to the following terms of service:

 

A. Terms of Service

1. Please read through these terms of service thoroughly before placing an order for any services from Point of Trade Co. / Cloud Service Provider. If you have any problems understanding them open a support ticket.

2. Services are, unless otherwise stated, on a rolling monthly contract and will renew each month until the client cancels the order/contract. Upon cancellation/lapse of payment the service will be listed as suspended/cancelled. Two weeks after this all files will be wiped from our servers.

3. Point of Trade Co. / Cloud Service Provider will not under ANY circumstances accept liability financial or otherwise for loss of service, loss of earnings, loss of profit, loss of data, or any other incidental damages occurring directly or indirectly due to hardware or software failure of our systems/services, or by following advice and guidance from our staff.

 

B. Client Acknowledgement

1. As a client of Point of Trade Co. / Cloud Service Provider you acknowledge that services provided may be disrupted at any time during your service period due to circumstances outside our control. The client acknowledges and agrees that Point of Trade Co. / Cloud Service Provider will NOT be held liable for ANY damages arising from ANY disruption of service provided by Point of Trade Co. / Cloud Service Provider .

2. It is the clients sole responsibility to ensure that data is fully backed up externally.

3. The client also acknowledges that any type of slander targeted at the company or employees will result in immediate termination of services without refund

4. Upon registering you consent to be sent occasional marketing emails and any emails related to your service(s) if you no longer wish to receive emails from us please let us know via ticket.

5. Under no circumstances (excepting having created a contact/sub user account) should you share login details to your account

 

C. Support

1. Support will be provided by tickets using our online support system. The Client acknowledges that Point of Trade Co. / Cloud Service Provider will only provide support for services Offered. Support tickets can be opened 24/7, our support team will endeavor to answer tickets within 20 minutes, however this time scale cannot be guaranteed or relied upon due to the varying nature of support and conditions outside of our control.

2. Staff may be able to help with third party software but the company offers no guarantees. Further support should be sought from the creators or developers of the relevant software.

3. No member of staff should be required to feel obliged to deal with any customer who is exhibiting threatening, abusive, aggressive or violent behavior. In any of these circumstances a member of staff has the right to refuse to serve that customer.

4. Aggressive correspondence, which includes belittling our staff, causing distress through threats/demands or general aggressiveness towards staff the customer will be given a warning. Further incidents and Point of Trade Co. reserves the right to terminate the customers service

5. Abusive correspondence, which includes threats, personal abuse (based on age, gender, race, sexuality, disability etc.) and language generally falling into the category of ‘foul and abusive’ in which we include swearing, the customer will be given a warning. Further incidents and Point of Trade Co. reserves the right to terminate the customers service or, in serious cases, referred to the police via the Head of Network Operations.

 

D. Game Server Rules

As a client of Point of Trade Co. / Cloud Service Provider you agree and acknowledge the following:

1. Advertising of other server providers is strictly prohibited and may result in account suspension/termination of contract.

2. Bandwidth and space provided are for the usage of game server files ONLY.

3. Game server files (.exe) may NOT be modified without the express permission of Point of Trade Co. The updating of server files from legitimate sources is allowed.

4. Bots and other add-ons that may increase CPU usage are NOT allowed without the express permission of Point of Trade Co.

5. Editing slots on your server will result in TERMINATION. You will only use the amount of slots you have paid for.

6. Mods/Plugins is not fully supported with our support team, Point of Trade Co. support team will assist to install configure mods but with limited level.

7. We will NOT accept any liability for downtime and offer no guarantees about how long it will take to have any mods updated

8. We will offer to set your server back to default files and settings until a new updated mod becomes available, if you wish us to do this you should raise a support ticket

9. In the case of 3rd party mods, we will endeavor to add any and all mods that clients request however we make no guarantee and if a mod cannot be added no refund will be provided unless the game itself also does not work

10. Downgrading a service will credit your account pro-rata with the difference between what the server did cost and now costs, credit is subject to terms stated in section H

11. We reserve the right to update our services / prices without further notice once the company management approves it.

12. DDoS/DoS/IP Streesser and any other Attack method received to the server will go through Protection filtration (Mitigation) and if the Attacks remains or initiated multiple times we will send the service to black hole (null route) without further notice to the client which means total blockage which would cause the client server to be down/stopped until our networking team decides to unblock it once they make sure that the attack is no longer active.

13. The server users is the owner responsibility. If our security steps mentioned in Article D Point 12 didn’t become effective for any reason, we reserve the right to suspend/terminate the service without further notice (None Refundable) due to the damage the owner caused to our infrastructure.

 

E. Web-Hosting Rules

As a client of Point of Trade Co / Cloud Service Provider, you agree and acknowledge that your account or sub accounts will:

1. Not be used to host material which violates any law or regulation put in place by the country of which the server is located (Kuwait, GCC and Middle East)

2. Not be used for hosting backups, large video files or downloads

3. Not to allow copyrighted software / media to be hosted without express permission by the copyright holder

4. Not allow Adult / Racist content to be hosted

5. Not allow Politics / Infringing others of any kind.

6. Not allow Proxy servers or BOTS of any kind to be installed

7. Not to allow any information, tools or attempts related to hacking, phishing, phreaking, virus or spam to be hosted or installed on our servers

8. Not to allow anything that degrades the performance of any of our servers

9. Unlimited file hosting is only applicable to files that are directly related to website(s) on the clients account. We reserve the right to revoke and place limitations on users accounts as we see fit.

10. We reserve the right to update our services / prices without further notice once the company management approves it.

11. Backups of web space/Databases are the customers responsibility and we cannot restore any data that may have been lost if you have neglected these.

12. Testing the security of any device, website, server or anything else will result in any service you have with us being terminated with no refund and depending on how the testing was done your details may be passed to the authorities.

13. Agency Hosting require the user to submit an official ID and/or license after making the order by submitting a ticket. Our team will contact the user regarding to that matter but if the user havnt responded for any reason, the order will remain in pending stage (Inactive) till the necessary documents is been submitted.

14. All our hosting plans requires 1 plan with 1 account and it cannot be 2 plans under same account due to module limitation. If the user is seeking to purchase multiple hosting plans, multiple accounts (registrations) with different emails is needed.

Note: if for any reason the user purchased multiple plans under one account, create a new account then submit a ticket to our support team to migrate your order to the newly created account.

 

F. VPS Rules
  1. Not be used to host material which violates any law or regulation put in place by the country of which the server is located (Kuwait, GCC and Middle East)
  2. Not be used for hosting backups, large video files or downloads
  3. Not to allow copyrighted software / media to be hosted without express permission by the copyright holder
  4. Not allow Adult / Racist content to be hosted
  5. Not allow Politics / Infringing others of any kind.
  6. Not allow Proxy servers or BOTS of any kind to be installed
  7. Not to allow any information, tools or attempts related to hacking, phishing, phreaking, virii or spam to be hosted or installed on our servers
  8. Not to allow anything that degrades the performance of any of our servers
  9. Not to launch Denial of Service (DoS) attacks against any other server/person/company etc
  10. DDoS/DoS/IP Stressors Attacks against your server will invalidate our money-back guarantee. In return, the traffic will go through Protection filtration (Mitigation) process and if the Attacks remains or initiated multiple times we will send the service to black hole (null route) without further notice to the client which means total blockage which would cause the client server to be down/stopped until our networking team decides to unblock it once they make sure that the attack is no longer active.
  11. The VPS applications provided to the cloud is the owner responsibility. If our security steps mentioned in Article F Point 9 didn’t become effective for any reason, we reserve the right to suspend/terminate the service without further notice (None Refundable) due to the damage the owner caused to our infrastructure.
  12. We reserve the right to update our services / prices without further notice once the company management approves it.
  13. Windows VPS comes out of the box and license (Key) is not included. Its the user responsibility to provide the required license based on the OS version.

 

G. VPN Rules

To protect our Services from being misused, abused or being used to harm someone, we have made some rules which apply to every user equally, regardless of the package plan chosen by them. These rules have been erected solely to ensure that every POT VPN user gets to enjoy complete internet freedom, without harassing or harming any other user, and without abusing our Service. We reserve the right to terminate your use of the VPN Service for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

You specifically agree not to:

Use our VPN Service for any illegal use, such as transmitting any illegal material that would constitute a criminal offense as per the local, state, national or international law or regulation;

1. Use our VPN Service for the purpose of transmitting spam; to scan ports, open proxies, open relays; sending unsolicited emails in bulk quantities for opt-ins or for advertising/marketing purposes, even if the email is sent/received by another server;

  1. Use our VPN Service to serve pop-ups ads;
  2. Use our VPN Service for attacking in any way, shape or form any other computer or network;
  3. Use our VPN Service to transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, or that can be deemed objectionable in a court of law;
  4. Use our VPN Service to harm, threaten, ‘stalk’ or otherwise harass another person/business;
  5. Use our VPN Service to manipulate headers or forge identifiers in order to disguise the origin of any content transmitted through our VPN Service;
  6. Use our VPN Service to engage in any form of unsolicited or unauthorized advertising/marketing/promotional activities;
  7. Use our VPN Service to get involved in the transmission of software viruses or malicious software aimed at harming other software/hardware/telecommunications equipment;
  8. Use our VPN Service to disobey any policies/procedures/regulations of networks associated with our Website and/or Services;
  9. Use our VPN Service to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information;
  10. Use our VPN Service to knowingly or unknowingly violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances;
  11. Use our VPN Service to promote illegal activities, or provide means for/helping other people commit illegal activities by providing instructional information;
  12. Use our VPN Service for infringe upon or violating our intellectual property rights or the intellectual property rights of others;
  13. Use our VPN Service to promote or incite physical harm or injury against any group or individual, or promote any act of cruelty to animals;
  14. Use our VPN Service to conceal a true recipient email address in furtherance of the violation of the lawful terms of another service;
  15. Use our VPN Service to solicit others to perform or participate in any unlawful acts;
  16. Use our VPN Service to abuse our VPN Service by scripting and using software to consume more resources than other users over a short period of time;
  17. Use our VPN Service to report a message forwarded normally through the Website and/or Service as spam to an organization in a way that implicates the Service as the source of the spam;
  18. Use our VPN Service to create automated or manually excessive connections to get different IPs or for any reason. Excessive connections are a nuisance since they create a bottleneck and choke our network, the price of which is paid by other users, and that is completely unacceptable. Exceeding this limit may result in permanent suspension or termination of your account, unless explicitly allowed by the company.
  19. Use our VPN Service for forwarding email address, which requires that the Service communicate with a mail server that has “grey-listed” the mail server of the Services;
  20. Use our VPN Service to access/share/upload/download/stream illegal content including but not limited to, pornography with ALL its types. The Account of any User found involved in this or any such activity will be suspended immediately without notice;
  21. Use our VPN Service to mask IPs for generating searches on search engines, link building on forums, manual or automated crawling of websites and any other such activity that falls under the domain of search engine optimization, forum commenting, or data mining, unless specifically allowed by the company;
  22. Use our VPN Service to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and/or Service;
  23. Use our VPN Service to collect or track the personal information of others;
  24. Use our VPN Service to spam, phish, harm, pretext, spider, crawl, or scrape;
  25. Use our VPN Service for any obscene or immoral purpose; and/or;
  26. Use our VPN Service to interfere with or circumvent the security features of the Website and/or the Services.

 

 

H. Refunds
  1. All game servers and web hosting come with a 24hr refund, if you are not happy you may cancel for a refund (minus payment gateway processing fee’s, which are usually 3%+ –  and/or depends on the payment method used). To request a refund you MUST submit a support ticket.
  2. Over-payments, if you have for example paid an invoice manually and have a subscription to us the extra will automatically be credited to your account. We cannot refund subscription payments for more than 3 months.
  3. We do not provide pro-rata refunds
  4. With exception to section G point 2 Credit cannot under any circumstances be refunded
  5. Public pay payments cannot be refunded under any circumstances
  6. Requesting for refund twice on the same service is not allowed and refund request will be rejected.

 

I. Fair Usage Policy
  1. Point of Trade Co. operate a fair usage policy on CPU, RAM, Disk Space and Bandwidth where it is not mentioned we provide a specific limitation, the fair usage policy is set out below
  2. CPU, RAM, Disk Usage. If the usage exceeded to noticeable range we have the right to stop the service for debugging purposes until its been solved. If not, client will be notified and investigation will start as if its Point of Trade Co. issue a refund of the remaining timing will be provided, if its the client abusing the server then service will be terminated and no refund will be provided.
  3. At our discretion we may apply this policy, we try not to unless absolutely necessary though

     

    J. General
    1. If any of the above rules are infringed, the clients account and/or service will be terminated without refund.
    2. In addition to the above we reserve the right to ban the use of any applications which we deem unsuitable, or which may degrade the quality of service for other customers.
    3. User is required to use real information during registeration with such as Name, Address, Phone Number and Country. If not, Point of Trade Co. reserver the right to suspend and delete user server/service and account without further notice as dealing with fake users is not part of our policy.
    4. Point of Trade Co. reserve the right to change these terms of service at any time without prior notice or warning E&OE
    5. Account Cancellation – All requests for canceling any service / services must be made online with at least 1 day notice, failure to do so will result in being charged the full months invoice. Cancellation can be done by:
    6. Service Due & Overdue – Service duration due is as mentioned in the service description. In return, we do not allow service overdue as it will be automatically be suspended after the last day of the service (Midnight). Once the service is in suspended stage it will remain as is for 15 days while all the data and settings will remain safe with us, after the 10th day (Midnight) the service will be automatically terminated and all client files will be deleted.
    7. Payments Reminders: Clients will be invoiced as following:
    • Invoice generation: 7 Days prior to due date
    • 1st Invoice unpaid Reminder: 3 days in advance before due date
    • 2nd Invoice unpaid Reminder: Last day reminder before due date
    • Its possible to renew your service subscription at anytime before due using the “Renew Service for xx Month” Button in the Client Area – My Services Page. As well as change Billing Cycle to any duration of your desire using the “Change Billing Cycle” Button.

    If payment is not received by the due date (midnight) after the last day reminder, the service will be automatically suspended until payment is received. Finally after 10 suspension days after due of unpaid invoice(s) the clients services will automatically be terminated and deleted from our systems, rendering all the clients files irretrievable.

    8. Delivery Policy: As all our goods are non physical no delivery is required, however services should be delivered within 3 hours maximum unless specified

    9. Changes Point of Trade Co. reserve the right to update, change, amend or otherwise alter any and all documents, webpages, prices, support terms and any other service we provide without warning. In the case of prices we will always endeavor to provide at least 1 months notice.

    10. If you faced an issue with the payment gateway for any reason, you have to contact the support immediately by opening a new ticket in order to resolve the matter as our support will put your service on hold until the matter is been resolved so you will not loose the service. Using the excuse that payment gateway is not working after service is been terminated and deleted will not be taken in consideration.

    10. IN NO EVENT WILL POINT OF TRADE CO. BE HELD LIABLE BY ITS CUSTOMERS FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NON-PERFORMANCE, NEGLIGENCE, TERMINATION, BREACH OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF THE CLIENT ADVISES POINT OF TRADE CO. OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

     

    These terms and conditions shall be governed by and construed in accordance with the laws and regulations of Kuwait (Citra Internet Exchange). Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts if State of Kuwait.