Terms of Service

1. Who you are contracting with

ServerMonkey Cloud is operated by smkcloud.tech, a limited liability company registered in Texas, United States ("we", "us"). By ordering a service you enter into an agreement with that entity on these terms, together with the Acceptable Use Policy and the Service Level Agreement, which form part of this contract.

2. Your account

You are responsible for everything that happens under your account, including actions taken by anyone you grant access to. Keep your credentials secure, and enable two-factor authentication — it is available on every account at no cost.

The details you give us must be accurate and kept current. We use them to reach you about invoices, incidents and maintenance; if we cannot reach you, that is not a defence to non-payment.

3. Services and provisioning

Services described as "in stock" are normally provisioned promptly after payment clears and any fraud checks pass. Bespoke configurations are quoted with an estimated lead time which is an estimate, not a guarantee.

We may need to verify your identity before provisioning, particularly on first order. We may decline any order at our discretion, in which case we refund anything already paid.

4. Fees, billing and renewal

• Fixed-term services are billed in advance on the cycle you selected at checkout.
• Pay-as-you-go services are metered and billed in arrears at the end of each cycle.
• Invoices are due on the date shown. We attempt automatic collection where a payment method is stored.
• Prices exclude tax. Texas sales tax is applied where required; valid exemption or VAT numbers are honoured.

Services renew automatically unless cancelled before the renewal date. You can cancel at any time from the client area — see section 7.

5. Late payment and suspension

If an invoice is unpaid we will chase it by email before taking any action. Services may be suspended after the period stated in your invoice reminders, and may be terminated with data deleted after a further period. We would much rather talk to you than suspend you: if you are having a payment problem, open a ticket.

6. Your content and data

Your data is yours. We claim no ownership over anything you store on our infrastructure, and we access it only where necessary to operate the service, to comply with law, or where you ask us to for support purposes.

Backups are your responsibility unless you have purchased a managed backup product. Where backups are included, we make reasonable efforts but do not guarantee any particular recovery point.

7. Cancellation and refunds

Hosting plans carry a 30-day money-back guarantee from first order. Beyond that window, fees already paid are not refundable, but cancelling stops future renewals. Where you downgrade mid-cycle the difference is issued as account credit.

Cancellations take effect at the end of the current billing period unless you request immediate termination.

8. Acceptable use

Use of the services is subject to the Acceptable Use Policy. Serious breaches — anything that endangers the network, other customers, or exposes us to legal risk — may result in immediate suspension without notice.

9. Availability and service credits

Uptime commitments and the credit schedule are set out in the SLA. Service credits are the sole and exclusive remedy for failure to meet the uptime commitment.

10. Liability

Nothing in these terms excludes liability that cannot lawfully be excluded. Subject to that, we are not liable for indirect or consequential loss, loss of profit, revenue, goodwill or data, and our total aggregate liability in any twelve-month period is limited to the fees you paid us in that period.

11. Changes to these terms

We may update these terms. Material changes are announced at least 30 days in advance by email and on the announcements page. Continuing to use the services after a change takes effect constitutes acceptance.

12. Governing law

These terms are governed by the laws of the State of Texas, and the courts of Harris County, Texas have exclusive jurisdiction.

13. Contact

smkcloud.tech, Houston, Texas. Legal enquiries: legal@smkcloud.tech. Support: open a ticket or call 713-827-0791.