Terms and Conditions of VPS Service

VPSPLAN.CLOUD

ไทย English

These Terms and Conditions constitute a service agreement between the user of the service (“Customer”) and VPSPLAN.CLOUD (“Provider”) in relation to the use of the Virtual Private Server service (“Service” or “VPS”).

By registering for the Service, paying any service fees, or accessing/using the Provider’s systems in any manner, the Customer is deemed to have read, understood, and agreed to be bound by all provisions of these Terms and Conditions.

1. Definitions

In these Terms and Conditions:

  1. 1.1 “Service” means the Virtual Private Server (VPS) service whereby the Provider allocates virtual computing resources for the Customer’s use.
  2. 1.2 “Customer” means any natural person or juristic person who registers, uses, or pays for the Service provided by the Provider.
  3. 1.3 “System” means the servers, networks, internet connectivity, software, and all other components related to the provision of the Service under the VPSPLAN.CLOUD brand.
  4. 1.4 “Data Center” means the physical locations of the Provider’s servers, including data centers located in Thailand and Singapore.
  5. 1.5 “SLA” (Service Level Agreement) means the Provider’s internal quality target for service availability, such as uptime targets.
  6. 1.6 “Abuse” means any use of the Service that is illegal, contrary to international internet etiquette, immoral, or otherwise causes harm or disruption to the System or to other users.

2. General Information about the Service

  1. 2.1 The Provider operates and offers VPS services under the trade name “VPSPLAN.CLOUD”.
  2. 2.2 The Service is designed and intended to support, among others, the following types of usage:
    • (a) Trading using Expert Advisors (EAs) and running automated trading bots; and
    • (b) Other general lawful uses that do not violate these Terms, the Provider’s policies, or applicable laws.
  3. 2.3 The Provider’s servers are located in the following Data Centers:
    • (a) Data centers in Thailand; and
    • (b) Data centers in Singapore.
  4. 2.4 The operating system provided for the VPS is Windows. The Customer will be given access rights to manage the VPS primarily through Remote Desktop or any other method as may be specified by the Provider.
  5. 2.5 The Customer will be provided with a Control Panel to perform basic operations, including:
    • Start VPS
    • Reboot VPS
    • Stop VPS

3. Service Plans and Specifications

3.1 VPS Economy

  • CPU: 4 Cores
  • RAM: 4 GB
  • SSD/M.2: 40 GB

Service Fees:

  • Monthly: THB 700
  • 6 Months: THB 2,900
  • Yearly: THB 3,900

3.2 VPS Standard

  • CPU: 4 Cores
  • RAM: 8 GB
  • SSD/M.2: 50 GB

Service Fees:

  • Monthly: THB 800
  • 6 Months: THB 3,900
  • Yearly: THB 4,900

3.3 VPS Premium

  • CPU: 8 Cores
  • RAM: 16 GB
  • SSD/M.2: 60 GB

Service Fees:

  • Monthly: THB 900
  • 6 Months: THB 4,900
  • Yearly: THB 5,900

3.4 VPS Fully

  • CPU: 12 Cores
  • RAM: 24 GB
  • SSD/M.2: 120 GB

Service Fees:

  • Monthly: THB 1,700
  • 6 Months: THB 7,900
  • Yearly: THB 9,900

3.5 The Provider reserves the right to change prices, specifications, and/or plan structures at any time in the future. In such cases, the Provider will notify the Customer in advance through any communication channel deemed appropriate by the Provider.

4. Service Registration and Contract Term

  1. 4.1 Registration for the Service shall be deemed complete when:
    • (a) The Customer has provided all required information for the Service activation accurately and completely; and
    • (b) The Provider has received payment or proof of payment of the service fees from the Customer.
  2. 4.2 The term of the Service contract depends on the billing cycle selected by the Customer (monthly / 6 months / yearly), commencing from the date on which the Provider activates the VPS for the Customer.
  3. 4.3 Upon expiry of the billing period, if the Customer fails to make timely payment to renew the Service, the Customer shall be deemed to have no intention to continue the Service. The Provider shall then be entitled to suspend the Service and delete data in accordance with Clauses 8 and 10.

5. Acceptable Use Policy (AUP)

5.1 Permitted Use

The Customer may use the VPS to:

  • (a) Trade using Expert Advisors (EAs) or run trading bots; and
  • (b) Use general software that is lawful, does not infringe upon the rights of others, and does not adversely affect the System.

5.2 Prohibited Use

The Customer is strictly prohibited from using the VPS for any of the following activities (including preparation or assistance of such activities):

  • (a) Continuous heavy backtesting or any use that consumes system resources (CPU / RAM / Disk I/O / Network) at abnormally high levels, to the extent that it impacts system stability or other users’ services;
  • (b) Sending spam emails, phishing activities, or any fraudulent or deceptive conduct;
  • (c) Hosting, storing, or distributing illegal content, pornographic content, infringing content, or any material that violates intellectual property rights of others;
  • (d) Cryptocurrency mining in any form;
  • (e) Hacking, attempting to break into systems, port scanning, DDoS attacks, or any form of cyber-attack against the Provider’s or any third party’s systems;
  • (f) Using the VPS as a proxy / VPN / relay to commit illegal activities or to evade detection or tracing by authorities;
  • (g) Any usage that causes continuous high load on system resources (such as constant maximum CPU / RAM utilization) that negatively affects other users in the Data Center.

5.3 Consequences of Policy Violations

If the Provider detects or is informed of any violation of this Acceptable Use Policy, the Provider may, at its sole discretion:

  • (a) Warn the Customer and request that the violation be ceased or remedied;
  • (b) Temporarily suspend the Service; and/or
  • (c) Terminate the Service and delete all data in the VPS without any refund of service fees already paid.

The Provider’s determination as to whether a particular use constitutes a violation of this policy shall be final and binding.

5.4 Prohibition of Offences under the Computer Crime Laws and Related Laws

The Customer agrees not to use the Service or the System for any act that may constitute an offence under applicable Thai laws, whether now in force or enacted in the future, including but not limited to:

  • (a) The Computer Crime Act of Thailand (and its amendments);
  • (b) The Thai Criminal Code and all relevant subordinate legislation; and
  • (c) The Personal Data Protection Act B.E. 2562 (2019) (PDPA), insofar as it relates to personal data that the Customer collects, uses, or processes through the VPS.

Any use that involves the import, transmission, or storage of false data, obscene content, content affecting national security, content intended to cause public panic, or any act that aids, abets, or supports others in committing such offences shall be deemed a serious violation of this policy.

5.5 Prohibition of Offences against the Monarchy and National Security

The Customer agrees not to use the Service to create, store, transmit, or disseminate any computer data that:

  • (a) Constitutes defamation, insult, or threat against the King, the Queen, the Heir-apparent, the Regent, or any other person protected in a similar manner under Thai law;
  • (b) Constitutes an offence against the security of the Kingdom or falls within the categories of national security offences under the Thai Criminal Code or any special security law; or
  • (c) Consists of false or distorted information that may cause damage to national security, public order, or good morals of the people.

The Customer acknowledges that such acts may constitute serious criminal offences. The Customer shall be solely responsible, both civilly and criminally, for any such acts. The Provider does not condone, endorse, or participate in such acts in any manner.

5.6 Limitation of Liability and Cooperation with Authorities

  • (a) The Provider is only a provider of computing resources (VPS) and does not create, control, or approve the content that the Customer stores, uses, or disseminates via the VPS.
  • (b) If the Provider receives a court order, request, or instruction from any competent authority or law enforcement officer under applicable law, requiring the Provider to suspend the Service, provide access to computer traffic data (logs), or take any action under the law, the Provider shall have the right to comply with such order or request immediately. The Customer shall not be entitled to claim any damages from the Provider as a result.
  • (c) If the Customer’s use of the Service causes the Provider or any related person to be sued, suffer damages, or incur legal costs, the Customer agrees to be solely responsible for, and indemnify the Provider against, all damages, expenses, and legal fees arising therefrom.

6. Service Quality (SLA) and Maintenance

  1. 6.1 The Provider aims to maintain a monthly system uptime of 99%. This is a best-effort target and does not constitute a legally binding guarantee of availability.
  2. 6.2 If system maintenance is required and may affect the Service, the Provider will use reasonable efforts to notify the Customer in advance, approximately 7 days before such maintenance, via LINE, website announcements, or any other communication channel designated by the Provider.
  3. 6.3 The Provider does not offer service credits or refunds in the event system downtime exceeds the SLA target.

7. Security and Data Management

7.1 Backups

The Provider does not provide automatic backup services for the Customer’s VPS. The Customer is solely responsible for performing their own data backups and shall bear all consequences arising from any data loss.

7.2 Operating System and Security Updates

The Provider may, at its discretion, assist with certain updates to Windows, the operating system, or firewall settings where appropriate. However, as a general principle, the Customer is solely responsible for managing updates, patches, and security within their VPS.

7.3 Support Access to VPS

Support personnel may access the Customer’s VPS only where the Customer has expressly provided consent or the necessary access credentials (such as passwords).

7.4 Logs

The Provider will retain logs relating to VPS start/stop operations and other system operation data as necessary for approximately 15 days, or for such other period as may be required by law or deemed appropriate.

8. Service Fees, Payment, and Refund Policy

  1. 8.1 The Customer must pay the service fees in advance according to the selected billing cycle (monthly / 6 months / yearly) before commencement of use.
  2. 8.2 If the Customer fails to make payment by the due date:
    • (a) The Customer will be granted a grace period of up to 3 days from the due date; and
    • (b) If payment is still not made after the grace period, the Provider may suspend the VPS and/or automatically delete all data in the VPS.
  3. 8.3 The Provider maintains a strict no-refund policy in all cases, including but not limited to:
    • (a) The Customer ceases using the Service before the end of the billing term;
    • (b) The Customer misconfigures the system and cannot use it properly; or
    • (c) The Customer changes their mind and no longer wishes to continue using the Service.

9. Support Services

  1. 9.1 Support Channels
    • LINE
    • Facebook
    • Ticket system or other channels designated by the Provider
  2. 9.2 Service Hours Daily from 10:00 to 23:59 (Thailand time)
  3. 9.3 Estimated Response Time Approximately within 5 minutes during service hours, depending on workload at the relevant time
  4. 9.4 Scope of Support Included
    • (a) Checking VPS status
    • (b) Assisting with basic system issues, such as a frozen VPS or login/access problems
  5. 9.5 Scope of Support Excluded

    The Provider is not obliged to perform, and does not include, the following services unless separately offered as paid add-on services in the future:

    • (a) Tuning, configuring, or fixing EAs
    • (b) Teaching trading or providing investment advice
    • (c) Managing trading portfolios, opening/closing trades, or managing risk on behalf of the Customer

10. Suspension, Termination, and Deletion of Data in Case of Non-Use

  1. 10.1 The Provider may suspend or terminate the Service in the following cases:
    • (a) The Customer remains overdue for payment for more than 3 days after the due date;
    • (b) The Customer violates the Acceptable Use Policy under Clause 5;
    • (c) There is an Abuse complaint or any use affecting the System or other users; or
    • (d) There is a court order, regulatory request, or emergency situation requiring immediate action by the Provider.
  2. 10.2 Upon suspension or termination, the Provider may immediately disable the Customer’s access to the system as appropriate.
  3. 10.3 If the Service is terminated due to the Customer’s breach, the Provider is under no obligation to refund any fees already paid.
  4. 10.4 If the Customer does not renew the Service and ceases usage, the Provider may delete all data in the VPS after the grace period or termination without further notice.

11. Limitation of Liability

  1. 11.1 The Provider shall not be liable for any loss or damage arising from data loss, malware or hacker attacks, Customer misconfiguration, third-party software failures, internet outages, power failures, or any force majeure event.
  2. 11.2 The Provider shall not be liable for trading losses, loss of income, loss of business opportunity, or any indirect or consequential damages.
  3. 11.3 If the Provider is found liable in any circumstance, the Provider’s maximum aggregate liability shall not exceed the service fees paid by the Customer for the billing cycle directly related to the event giving rise to the damage.

12. Amendments to the Terms

The Provider reserves the right to amend, revise, or update these Terms and Conditions at any time. The Provider will announce such changes through channels deemed appropriate. Continued use of the Service after any amendment shall constitute acceptance of the revised Terms and Conditions.

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. Any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the Thai courts.