Terms Of Service

I. Overview

These Terms and Conditions govern your use and access to NordikServer’s nordikserver.com and present a legally binding contract between you and NordikServer. Hereinafter, NordikServer may be referred to as "NordikServer", "we", "us", or other first-person pronouns and you may be referred to as "customer", or other second-person pronouns. These terms and conditions apply to you, whether you are a paid member who has service with us, a player who contributes to the membership fees of one of our customers, a passive or active user of our services or if you are merely browsing our site.

NordikServer offers online-based services, including game servers and internet web hosting. These services may be referred to in this agreement as "our services", "products", "the services" or "the products".

These Terms and Conditions apply to visitors and members of the site. By accessing, using, viewing, downloading any material from us, or becoming a member of NordikServer, you agree (i) that you are 13 years of age and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms. This agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act).

We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner.

You may use and access our services only in accordance with these Terms and Conditions and any applicable laws. Please consult these Terms and Conditions regularly and read them carefully before using our services. You affirm that you have read this agreement and understand, agree and consent to its Terms and Conditions.

II. Service Term

The initial service term of the agreement shall begin on the date that NordikServer generates an e-mail message to customer announcing the activation of the customer's account ("Service Commencement Date") and shall continue for the first partial month of service plus the number of full calendar months stated in the order ("initial term"). Upon expiration of the initial term, this agreement shall automatically renew unless NordikServer or customer provides the other with notice of nonrenewal at least seven (7) days prior to the expiration of the initial term or then-current renewal term, as applicable, as submitted via NordikServer’s website.

III. Payments

a) Payments and late payment
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be dictated on the order, generally in monthly cycles, beginning on the Service Commencement Date. Customer is responsible for providing complete and up‑to‑date payment information.

Grace period
An additional grace period of five (5) calendar days is granted following the invoice due date, during which no late fee or penalty shall be applied and the service will remain active.

Late interest
After the grace period has expired, any unpaid balance may be subject to late interest at the rate of two percent (2 %) per month, calculated monthly on the outstanding amount until full payment is received, subject to applicable law.

Service suspension
NordikServer reserves the right to suspend or limit any service for which the invoice remains unpaid after the grace period, without further notice. Suspension does not relieve the customer from the obligation to pay all amounts due.

Reactivation fee
Reactivating a service that has been suspended for non‑payment may incur a fixed administrative reactivation fee of ten Canadian dollars (CA $10), payable before or at the time of reactivation.

Additional fees and collection
In certain cases, including where suspension or termination results in technical, administrative or data restoration work, additional reasonable fees may be charged. Customer agrees to pay NordikServer’s reasonable costs of collection of overdue amounts, including collection agency fees, chargeback/dispute fees, and, where applicable, legal fees.

Accuracy of fees
Fees not disputed in writing within sixty (60) days of the due date are conclusively deemed accurate and accepted by the customer.

Acceptance
By using NordikServer’s services, the customer acknowledges having read and accepted these billing terms, including the provisions relating to the grace period, late interest, suspension, reactivation fees and additional charges.

b) Fee Increases
NordikServer may increase its fees for services effective the first day of a renewal term by giving notice to customer of the new fees at least forty five (45) days prior to the beginning of the renewal term, and if customer does not give a notice of non-renewal as provided in Section II (Service Term) above, the customer shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Fee increases due to currency rate fluctuations will not yield any notice to customers.

c) Taxes
At NordikServer’s request, customer shall remit to NordikServer all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on NordikServer), regardless of whether NordikServer fails to collect the tax at the time the related services are provided.

d) Early Termination
Customer acknowledges that NordikServer may terminate service agreement at any time if customer violates this agreement or the Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this agreement. Customer acknowledges that the amount of the fee for the service is based on customer's agreement to pay the fee for the entire initial term, or renewal term, as applicable. In the event NordikServer terminates the agreement for customer's breach of the agreement in accordance with Section IV(b) (Termination of Service), or customer terminates the service other than in accordance with Section IV(b) (Termination of Service) for NordikServer's breach, the unpaid fees for each billing cycle remaining in the initial term or then-current renewal term, as applicable, are due on the business day following termination of the agreement.

e) Promotions
Any promotions offered by NordikServer are valid where stocks last. NordikServer does not guarantee the availability of any given promotion and reserves the right to add, remove or modify any promotion at any time without notification, and for any or no reason.

f) Currencies
NordikServer base all pricing schemata from Canadian Dollars (CAD). Due to this, prices in other currencies may fluctuate rapidly at any time, for any or no reason, including during an ongoing billing period. NordikServer will additionally pad any foreign currency pricing schema to account for additional processing fees.

IV. Suspension/Termination

a) Suspension of Service
Customer agrees that NordikServer may suspend or terminate services to customer without notice and without liability if:
(i) NordikServer reasonably believes that the services are being used in violation of the AUP
(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP
(iii) NordikServer reasonably believes that the suspension of service is necessary to protect its network or its other customers
(iv) as requested by a law enforcement or regulatory agency
Customer shall pay NordikServer reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

b) Termination of Service
The agreement may be terminated by customer prior to the expiration of the initial term or any renewal term without further notice and without liability if NordikServer fails in a material way to provide the service in accordance with the terms of the agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The agreement may be terminated by NordikServer prior to the expiration of the initial term or any renewal term without further notice and without liability as follows:
(i) upon ten (10) days notice if customer is overdue on the payment of any amount due under the agreement
(ii) Customer materially violates any other provision of the agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from NordikServer describing the violation in reasonable detail
(iii) upon one (1) days notice if customer’s service is used in violation of a material term of the AUP more than once
(iv) upon one (1) days notice if customer violates Section X (Customer Information) of this agreement
Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

V. Law and AUP

Customer agrees to use the service in compliance with applicable law and the AUP and agrees that NordikServer may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on customer's use of the services. Amendments to the AUP are effective on the earlier of NordikServer’s notice to customer that an amendment has been made, or the first day of any renewal term that begins subsequent to the amendment. Customer agrees to cooperate with NordikServer's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between NordikServer and customer regarding the interpretation of the AUP, NordikServer's commercially reasonable interpretation of the AUP shall govern.

VI. Multi-location Hosting

NordikServer does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. NordikServer also reserves the right to deny the transfer of any account to a new location for any or no reason.

VII. FriendPay

FriendPay is a service offered by NordikServer that allows customers to accept payments from their users. Any payments received via this method are made on behalf of the customer, and the customer acknowledges that any payment fees (with the exception of processor fees) are the sole responsibility of said customer and agrees as per section III(a) of this agreement to pay these fees where applicable; failure to do so of which will result in termination of all customer's services.

VIII. Indemnification

Customer agrees to defend, indemnify and hold harmless NordikServer, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer's services in violation of applicable law or the AUP by customer or any person using customer's log on information, regardless of whether such person has been authorized to use the services by customer.

IX. Disclaimer of Warranties

NordikServer does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law, NordikServer disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.

X. Limitation of Damages

Other than any specific cases previously discussed in this agreement, neither party shall be liable to the other for any lost profits, any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibiliy of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of NordikServer and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
Customer acknowledges that it is solely responsible for interactions with end users of customer's site or service. To the extent permitted under applicable laws, customer hereby releases NordikServer from any and all claims or liability related to any product or service of an end user, any action or inaction by and end user, including end user's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any end user.

XI. Requests for Customer Information

Customer agrees that NordikServer may, without notice to customer:
(i) report to the appropriate authorities any conduct by customer that NordikServer reasonably and in good faith believes violates applicable law
(ii) provide any information that it has about customer
in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

XII. Data Redundancy

Your use of NordikServer's Services is at your sole risk. This service is provided to you as a courtesy and NordikServer is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on NordikServer's servers. Any and all backup services provided by NordikServer, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.

XIII. Network Changes

Upgrades and other changes in NordikServer's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of customer's hosted content and/or applications. NordikServer reserves the right to change its network in its commercially reasonable discretion, and NordikServer shall not be liable for any resulting harm to customer.

XIV. Customer Credit

Customer credit can not be paid-out in any form, to any bank account or services, unless in extenuating circumstances that have been pre-approved by NordikServer Administration.

XV. Notices

Notices to NordikServer under this agreement shall be given via electronic mail to the e-mail address posted for customer support on nordikserver.com. Notices to customer shall be given via electronic mail to the individual listed as the primary customer contact. Notices are deemed received on the day transmitted, and customer may change this address by a notice given in accordance with this agreement.

XVI. Force Majeure

NordikServer shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond NordikServer's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

XVII. Governing Law and Disputes

This agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, excluding any conflict‑of‑law rules that would result in the application of the laws of another jurisdiction.
Exclusive venue and jurisdiction for all disputes arising out of or relating to this agreement shall be the courts located in the judicial district of Montreal, Province of Quebec, Canada, and each party irrevocably submits to such jurisdiction and waives all objections thereto.

XVIII. Games, mods and updates

Certain NordikServer services allow the installation and execution of third‑party games, mods, plugins or other content. These elements are developed and maintained by external publishers or communities over which NordikServer has no control.

The customer expressly acknowledges that:

• The availability of any game, mod or tool (including beta or pre‑release versions) may be suspended, altered or permanently discontinued by its publisher without notice, and NordikServer cannot be held liable for such decisions.
• Updates, patches or changes made by a game or mod publisher may render the service temporarily or permanently unusable, unstable or incompatible (e.g. server crashes, file corruption, loss of configuration).
• Backups, exports and copies of any game server files are the sole responsibility of the customer, in accordance with Section XII (Data backups). NordikServer does not guarantee full restoration of a server after an update or failure related to a game or third‑party content.

In all cases, NordikServer shall not be liable for any damage, downtime or data loss arising directly or indirectly from:

• an update, bug or decision made by a game or mod publisher;
• the installation, configuration or use of plugins, scripts, mods or custom files by the customer;
• the fact that a game or specific version is no longer supported, offered or compatible with NordikServer’s infrastructure.

Where reasonably possible, NordikServer may, at its sole discretion, offer workarounds (rollback, version change, migration to another service, etc.), without this constituting an obligation of result or any guarantee of success.

XVIII. Resources, performance and fair use

NordikServer’s services are provided on a shared resources basis (CPU, memory, storage, bandwidth, I/O, etc.), unless otherwise explicitly stated for a specific offer. Actual game server performance may vary depending on, among other things:

• the number of players and slots configured;
• the type of game, map, tickrate or similar parameters;
• the number and quality of installed mods, plugins, scripts, addons or custom resources;
• player behavior and overall load on the infrastructure.

NordikServer does not guarantee any specific performance level (FPS/TPS, ping, effective tickrate, etc.) nor compatibility of its infrastructure with any particular combination of mods, plugins or custom configurations.

NordikServer reserves the right, at its sole discretion, to limit or adjust resource usage (including but not limited to CPU, RAM, storage and I/O) in case of abusive usage, unreasonable configurations, or any negative impact on the stability of the infrastructure or other customers, with or without prior notice.

In the event of abusive or unreasonable resource usage, NordikServer may offer the customer one or more of the following:

• configuration optimization suggestions;
• a paid upgrade or migration to a more suitable plan;
• failing which, suspension or termination of the service in accordance with Section IV (Suspension/Termination).

XIX. Content, intellectual property and notices

The customer remains solely responsible for any and all content, data, files, mods, maps, plugins, scripts, images, sounds, trademarks, copyrighted works or any other material that it installs, uploads or distributes through NordikServer’s services.

The customer warrants that it holds all rights, licenses and permissions necessary to use, reproduce and distribute such content, including, where applicable, licenses for games, DLCs, mods or assets purchased from third parties. NordikServer is not a party to any license agreements between the customer and third‑party publishers.

NordikServer may, at its sole discretion and without prior notice, suspend, limit or remove any content or service where it has a reasonable basis to believe that such content:

• infringes any third‑party copyright, trademark, neighboring right or other intellectual property right;
• violates applicable law, these Terms or the Acceptable Use Policy;
• is the subject of a credible complaint from a rights holder, organization or competent authority.

To the extent permitted by law, NordikServer may respond to any notice or request (including but not limited to DMCA‑style notices or equivalent) by temporarily disabling access to the content, suspending the service or terminating the relevant account, with no obligation to restore any removed data.

XX. Technical Support and Intervention Limits

NordikServer's technical support is limited to the infrastructure it directly controls (hardware, network, management panel, operating system, automated installations provided by NordikServer, etc.).

Unless otherwise expressly stated in a specific offer, NordikServer is not required to:

• configure or maintain mods, plugins, scripts or third-party content installed by the customer;
• correct errors or incompatibilities specific to a game, version, mod or plugin;
• guarantee a level of performance or stability for complex or heavily modified configurations.

Any assistance provided free of charge for out-of-scope items (e.g. mod configuration assistance, script adjustments, custom map debugging) is provided without warranty, without obligation of result and may be interrupted at any time.

NordikServer may, where applicable, offer separately billable managed services or advanced support, according to the terms communicated to the customer.