Terms of Service

Effective Date: May 24, 2026 | Last Modified: May 24, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Richcs Limited (NZBN 9429053693457), trading as CutVPS ("Company," "we," "us," or "our"), and you ("Customer," "you," or "your"). By accessing, registering for, or using any services offered by CutVPS, including but not limited to virtual private servers (VPS), infrastructure, and support services (collectively, "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and our Service Level Agreement. If you do not agree to these Terms, you must not use the Services.

2. Eligibility and Account Responsibilities

2.1 Eligibility

You represent and warrant that: (i) you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (ii) you have the full legal capacity to enter into this agreement; (iii) you are not a resident of, and are not accessing the Services from, any jurisdiction where the provision of such Services is prohibited; and (iv) you are not listed on any government or international sanctions lists or restricted party lists.

2.2 Account Creation

When you create a CutVPS account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and password. You are fully responsible for all activity that occurs under your account, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your account or any other breach of security. We reserve the right to suspend or terminate your account if we believe the information you provided is inaccurate, false, or fraudulent.

2.3 Account Responsibilities

You are entirely responsible for the content stored on your VPS, including but not limited to any data, applications, code, or files. You must not use the Services in any manner that violates applicable laws, infringes on third-party rights, or breaches the Acceptable Use Policy. You assume all liability for the actions taken on your infrastructure and acknowledge that CutVPS is not responsible for the management, security, or operation of your VPS beyond the provision of the hosting infrastructure itself. As an unmanaged VPS provider, we do not provide system administration, software updates, security patches, or technical support for your operating system or applications unless explicitly purchased as an additional service.

3. Service Description

CutVPS provides unmanaged Virtual Private Server hosting with full root access. Our Services include:

The Services are provided "as-is" as unmanaged infrastructure. You are responsible for all operating system installation, configuration, security, updates, monitoring, and maintenance. CutVPS does not provide managed services, system administration, or application support unless explicitly contracted for separately.

4. Payment and Billing

4.1 Pricing and Plans

CutVPS offers a range of VPS plans as described on our pricing page. All prices are in United States Dollars (USD) and exclude applicable taxes unless otherwise stated. Pricing is subject to change with thirty (30) days' written notice. Price changes will not apply to your current billing cycle but will take effect at your next renewal date.

4.2 Payment Processing

Payments are processed through our third-party payment processors, which include Stripe, PayPal, and CoinGate. By providing payment information, you authorise us to charge your selected payment method for the fees associated with your plan. You represent that you are authorised to use the payment method provided and that such payment method is valid and in good standing. We do not store your complete payment card information; our payment processors manage all payment data securely in accordance with applicable standards, including PCI-DSS where relevant.

4.3 Billing Cycle

Billing occurs monthly on the anniversary date of your account creation unless otherwise specified at signup. Invoices are generated automatically and made available through your account portal. You are responsible for maintaining current payment information on file.

4.4 Late Payment and Grace Period

If payment fails, you will receive notification via email. You have a three (3) business day grace period from the failed payment attempt to remit payment. During this grace period, your Services remain active. If payment remains unpaid after the grace period, we reserve the right to suspend your account and all associated Services. Suspended accounts will be permanently deleted if payment is not received within thirty (30) days of suspension. No refunds or credits will be provided for the period during which your account was suspended.

4.5 Refunds

All sales are final. No refunds are provided except where required by applicable law, including the Consumer Guarantees Act 1993 where it applies. If you request to cancel your Services before your billing period concludes, you are not entitled to a refund of unused portion of fees paid. Upon cancellation or suspension, all data will be permanently deleted after seven (7) days, and no recovery will be possible.

4.6 Taxes

All prices are exclusive of Goods and Services Tax (GST) and any other applicable taxes. If CutVPS is or becomes registered for GST under the Goods and Services Tax Act 1985, GST will be added to invoices at the applicable rate. You are responsible for any taxes, duties, or levies imposed by your own jurisdiction in connection with your use of the Services. We will adjust billing for any applicable tax exemptions for which you provide valid documentation.

5. Consumer Guarantees Act 1993

If you are acquiring the Services for the purposes of a business as defined in section 2 of the Consumer Guarantees Act 1993 ("CGA"), you agree that the provisions of the CGA do not apply to the supply of the Services under these Terms, to the fullest extent permitted by section 43 of the CGA.

If you are acquiring the Services as a consumer (that is, for personal, domestic, or household use), you may have rights under the CGA that cannot be excluded, and nothing in these Terms is intended to limit those rights.

6. Intellectual Property

6.1 CutVPS Intellectual Property

All content, functionality, design, graphics, text, logos, and materials provided by CutVPS, including our control panel, website, documentation, and software, are the exclusive property of CutVPS or our licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Services solely for your own purposes as authorised by these Terms. Any other use is strictly prohibited. You may not reproduce, distribute, modify, or create derivative works of any CutVPS intellectual property without explicit written permission.

6.2 Your Content and Intellectual Property

You retain all rights to content that you create, upload, or store on your VPS ("Your Content"). By storing Your Content on the Services, you grant CutVPS a limited licence to access, copy, transmit, and store Your Content for the purpose of providing the Services, backing up your data, and complying with legal requirements. This licence does not grant us the right to use, publish, distribute, or profit from Your Content for any other purpose.

7. User Content Responsibility

You are solely responsible for all content on your VPS, including compliance with intellectual property laws. You warrant that Your Content does not infringe on any third-party intellectual property rights, is not obscene or defamatory, does not contain malware or illegal code, and does not violate any applicable law. You agree to indemnify CutVPS for any claims arising from Your Content. We reserve the right to remove or disable access to any content that violates these Terms, our Acceptable Use Policy, or applicable law.

8. Limited Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICE LEVEL AGREEMENT, OR AS REQUIRED BY APPLICABLE LAW (INCLUDING THE CONSUMER GUARANTEES ACT 1993 WHERE IT APPLIES), THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUTVPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUTVPS, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS INTERRUPTION, GOODWILL, OR REPUTATIONAL HARM, EVEN IF CUTVPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE SERVICES SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE TOTAL FEES PAID BY YOU TO CUTVPS DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.

9.2 SLA Credits as Sole Remedy

Service credits as outlined in our Service Level Agreement constitute your sole and exclusive remedy for downtime or uptime failures. Service credits cannot be exchanged for cash refunds and may not be transferred.

9.3 Statutory Rights

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, or any rights you may have under the Consumer Guarantees Act 1993 where it applies.

10. Indemnification

You agree to indemnify, defend, and hold harmless CutVPS and its directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (i) Your Content; (ii) your use of the Services; (iii) your violation of these Terms or applicable law; (iv) your infringement of any third-party intellectual property rights; or (v) any other claim arising from your actions or omissions. CutVPS reserves the right to assume the defence of any such claim, in which case you agree to cooperate fully and reasonably with CutVPS in the defence thereof.

11. Termination

11.1 Termination by Customer

You may terminate your account at any time by providing written notice to [email protected] or through your account control panel. Upon termination, you remain liable for all fees and charges incurred up to the date of termination. We will not provide refunds for prepaid services except where required by applicable law.

11.2 Termination by CutVPS

We may suspend or terminate your account and Services immediately, without notice or liability, if we determine that: (i) you have violated these Terms, the Acceptable Use Policy, or applicable law; (ii) your account has been inactive for more than ninety (90) consecutive days; (iii) your payment is in default; (iv) your use of the Services poses a risk to our infrastructure, other customers, or third parties; or (v) we are required to do so by law or regulatory authority.

11.3 Data Retention and Deletion

Upon account termination (by either party), your VPS and all associated data will be automatically deleted after seven (7) days. During this seven-day period, you may request restoration of your data through the control panel. After seven (7) days, all data is permanently deleted, and no recovery is possible. CutVPS is not responsible for the recovery of deleted data.

11.4 Effect of Termination

Upon termination, your right to use the Services immediately ceases. All provisions of these Terms that by their nature are intended to survive termination, including limitations of liability, indemnification, and intellectual property provisions, shall survive termination.

12. Modification of Terms

CutVPS reserves the right to modify these Terms at any time. Material changes will be effective thirty (30) days after notice via email to your registered email address or through the Services. Your continued use of the Services following the thirty-day notice period constitutes acceptance of the modified Terms. If you do not agree to the changes, you must terminate your account before the new Terms become effective. Non-material clarifications and updates may be made at any time and take effect immediately.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand, and any proceedings shall be heard in the courts at Auckland. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. Dispute Resolution

14.1 Good Faith Negotiation

Before initiating any formal proceedings, you and CutVPS agree to attempt to resolve any dispute through good faith negotiation. You must first contact CutVPS at [email protected] with a written description of the dispute. CutVPS will attempt to resolve the matter within thirty (30) days.

14.2 Court Proceedings

If a dispute is not resolved through good faith negotiation within thirty (30) days, either party may commence proceedings in the courts of New Zealand. For claims under NZD $30,000, either party may refer the dispute to the Disputes Tribunal of New Zealand. Each party shall bear its own costs and reasonable legal fees unless a court or tribunal orders otherwise.

15. Sanctions and Compliance

You agree not to use the Services in violation of any applicable sanctions, trade restrictions, or export control laws. Without limiting the foregoing, you shall not use the Services in a manner that would breach sanctions imposed by New Zealand under the Russia Sanctions Act 2022, the United Nations Act 1946, or any regulations made under those Acts; or in a manner that provides material support to any individual or entity designated under the Terrorism Suppression Act 2002. You represent that you and your organisation are not listed on any applicable sanctions list maintained by the New Zealand government, the United Nations, or any other relevant authority. You are responsible for complying with all export and import laws that apply in your own jurisdiction.

16. Fair Trading Act 1986

Nothing in these Terms is intended to limit or restrict any rights you may have under the Fair Trading Act 1986. Any representations made by CutVPS regarding the Services are made in good faith and are not intended to be misleading or deceptive. If any provision of these Terms is found to constitute an unfair contract term within the meaning of Part 4A of the Fair Trading Act, that provision shall be severed without affecting the remainder of these Terms.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and Service Level Agreement, constitute the entire agreement between you and CutVPS regarding your use of the Services and supersede all prior negotiations, understandings, and agreements, whether written or oral. No other agreement, statement, or representation is binding upon CutVPS unless made in writing and signed by an authorised representative of CutVPS.

19. Related Policies

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, and Service Level Agreement. In the event of any conflict between these Terms and the incorporated policies, these Terms shall control unless the incorporated policy explicitly states otherwise.

20. Contact Information

For questions regarding these Terms of Service, please contact us at: