Terms of Service

Last Updated: August 25, 2025

Hi there, We’ve kept our Terms of Service as straightforward as possible. Some parts have to be written in a formal way because the law requires it, but beyond that our goal is simple: we want you to know what you can expect from us and what we expect from you when you use our service. We provide a platform that’s meant to work reliably and fairly for everyone. In return, we ask that you use it responsibly and follow the rules we’ve set out. We don’t like complicated legal jargon any more than you do—this is about making sure things are clear, balanced, and fair. At the end of the day, these terms exist to protect both of us: they help ensure we can keep improving the service while making sure your rights are respected. Thank you for using our platform and for being part of our community.

0. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Zenith Hosting KLG ("Company," "we," "us," or "our"), a limited liability company incorporated under the laws of Switzerland.

By accessing or using our services ("Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these terms, you must not access or use our Services.

We reserve the right to modify these terms at any time by posting the updated version on our website. If you continue to use our Services after changes are posted, you agree to the revised terms. We will post a notice on our website and make sure you need to accept the new terms before continuing to use our services. Such as making you log in again.

These Terms need to be read together with our Privacy Policy and our AUP, which are incorporated herein by reference.

0.1 Important Notice

THERE'S A CHARGE BACK POLICY (SECTION 3.3) THAT YOU MUST FOLLOW TO AVOID ACCOUNT TERMINATION.

1. Service Description

Zenith Hosting KLG provides multiple services on a subscription basis, primarily focused on game server hosting, including but not limited to Minecraft servers. Our services include:

Shared game server hosting with resource limitations per plan
DDoS protection and automated bot detection
Customer support and server management tools

Specific features, resource allocations (CPU, RAM, storage), and limitations are detailed in your selected service plan.

Service Provisioning Disclaimer: Please note that while we aim to activate your service promptly upon purchase, immediate provisioning cannot be guaranteed due to our resource management and quality assurance processes. Some services may require manual setup or verification to ensure optimal performance for our customers. We're committed to processing new services as quickly as possible, though delivery times may vary during busy periods or when technical considerations require additional attention. All provisioning timelines are estimates and we appreciate your patience as we work to get your service online.

1.1 Service Availability Disclaimer

We do not guarantee any specific uptime percentage or service availability. While we make commercially reasonable efforts to maintain service availability, you acknowledge that:

Internet services may experience outages beyond our control
Planned maintenance may require temporary service interruption
No compensation will be provided for service downtime
We are not liable for any losses due to service interruptions

1.2 Fair Usage Policy

While we specify resource allocations in service plans, actual performance may vary based on:

Shared server resources
Network conditions
Overall platform usage

We reserve the right to limit resource usage that affects other customers.

2. Account Registration and Security

To use our services, you must create an account and provide accurate, current, and complete information. You are responsible for:

Maintaining the confidentiality of your account email
All activities that occur under your account
Notifying us immediately of any unauthorized use or security breaches

We will not be liable for any losses arising from your failure to comply with these security requirements.

3. Payments and Billing

Payment Processing and Merchant of Record: All payments and billing are processed by Polar Software Inc. ("Polar") as our merchant of record. Polar handles all payment processing, tax compliance, VAT collection and remittance, and international tax obligations on our behalf.

Third-Party Payment Terms: By making any purchase or payment through our services, you agree to comply with Polar's Terms of Use, available at https://polar.sh/legal/terms, and Polar's Privacy Policy, available at https://polar.sh/legal/privacy. These terms govern all payment transactions processed through Polar.

3.1 Payment Terms

Billing frequency: Monthly subscription basis
Payment methods: Payment methods are provided at checkout through our Merchant of Record, Polar.sh
Payment timing: All fees are billed in advance for each monthly period
Fee changes: We may adjust fees with 30 days' notice prior to your next billing cycle

3.2 Refund Policy

Refund window: 24-hour full refund period from date of purchase
Refund conditions: Full refund for any reason, no questions asked
Refund process: Contact our support team via live chat for verification and processing
Refund method: Automatic refund to original payment method via Polar.sh

Prepaid balances are non-refundable.

3.3 Payment Disputes & Chargebacks

Disputes: Payment-related disputes are subject to Polar's dispute resolution procedures and arbitration agreement as outlined in Polar's Terms of Use. Any disputes regarding payment processing, billing, or tax matters will be handled in accordance with Polar's terms. However we also have our own chargeback policy stated below. And you must follow it to avoid account termination and other penalties.

3.4 Before Filing a Chargeback

If you have a billing issue, contact our support team first. Most problems can be fixed quickly. Filing a chargeback without trying support first is against our terms.

3.5 When a Chargeback Is Allowed

You may start a chargeback only if:

Your card/payment method was used without permission
We fail to deliver the service and don’t respond to you within 72 hours
You were charged incorrectly and we don’t correct it after notice
A payment system error causes a wrong charge (with proof)

3.6 When Chargebacks Are Not Allowed

Chargebacks are not valid if:

You already used the service successfully
You use a chargeback to skip refunds or payments you owe
You don’t try support first
You give false or misleading info to your bank
You’re simply unhappy or changed your mind
You use chargebacks instead of opening a support ticket
You file repeated unfounded claims

3.7 What Happens if You Chargeback

If you file an invalid chargeback:

Your services will be terminated immediately
Your account will be permanently closed
Any saved data (files, configs, backups) will be deleted
You’ll still owe all fees and costs we’re charged (usually $15–$25)
We may take legal action for damages and report the issue to agencies/databases

See Section 5 for more on account termination.

3.8 Our Process if You File a Chargeback

If we get a chargeback:

We’ll stop all services on the account.
We’ll review all records and evidence.
We’ll notify you by email.
If the claim is invalid, we’ll dispute it with the payment processor.
If it’s abuse, your account will be terminated permanently.

3.9How to Solve Issues the Right Way

Contact us via livechat or at support@zenith.ms.
Provide your account details and what went wrong.
Allow 48–72 hours for us to reply.
Keep a record of any communication for reference.

3.10 Taxes

Tax Obligations: Where applicable, Polar acts as the merchant of record and will calculate, collect, and remit Value Added Tax (VAT), Goods and Services Tax (GST), and other applicable local taxes on our behalf. You may be required to provide tax identification information to ensure compliance with applicable tax laws.

Billing and Payment Methods: Payment processing is handled through Polar's third-party payment processors (currently Stripe, Inc.). You agree to provide current, complete, and accurate billing information and to promptly update this information as needed. Recurring charges will be processed automatically until you cancel your subscription through your account settings.

4. Intellectual Property

4.1 Our Intellectual Property

All Services, including software, documentation, and materials provided by us, are owned by Zenith Hosting KLG or our licensors and are protected by Swiss and international intellectual property laws.

4.2 Your Content

You retain ownership of content you host on our Services. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content as necessary to provide the Services.

5. Account Termination and Data Handling

5.1 Termination Reasons

When we terminate your account this mean this will also terminate all your active services. We may terminate your account immediately for:

Payment overdue: 7 days past due date
Acceptable Use Policy violations: Any violation of our AUP (see AUP)
Resource abuse: Excessive usage after warnings
Illegal content hosting: Any illegal or harmful content
Security breaches: Hacking attempts or unauthorized access
Harassment: Of other customers or staff members
Use stolen/fake payment info
Try to trick or bypass payment systems
Open multiple accounts to avoid payment or restrictions
Make false claims that services weren’t delivered

5.2 Warning and Appeal System

All Reasons stated in Section 5.1 can lead to immediate termination without warning.

However, for less severe issues, we may issue warnings first:

Appeals: 48-hour window for all termination decisions
Appeal process: Submit via support ticket with detailed explanation

5.3 Data Retention

Server data: Deleted immediately upon termination
Account data: Deleted immediately upon termination. See Privacy Policy for details.
Backup systems: Data removed from all backup systems according to retention schedule

5.4 Prepaid Amounts Upon Termination

Termination by Company:

For cause (AUP violations, payment issues, etc.): No refund of prepaid amounts
Without cause (service discontinuation): Prorated refund of unused portion
Payment disputes: Prepaid amounts may be forfeited if termination results from chargeback abuse

Dispute Resolution:

If you disagree with our refund decision, you may pursue resolution through Swiss courts as outlined in Section 9
You must first contact our support team before initiating any formal dispute process

Processing:

Refunds processed within 5-10 business days via original payment method
Administrative fees may apply for processing costs incurred

6. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION.

6.1 Service Limitations

Our services are provided on a "best effort" basis. We do not warrant that:

Services will meet your specific requirements
Services will be uninterrupted or error-free
Any defects will be corrected
Our servers or software will be free of viruses or harmful components

6.2 Third-Party Service Dependencies

Our services rely on third-party providers (internet, hosting, payment processors). We are not responsible for:

Outages or issues caused by third-party providers
Changes to third-party services that affect our platform
Third-party security breaches or data loss

6.3 Data Backup Disclaimer

While we maintain backup systems, you are solely responsible for:

Creating your own backups of critical data
Testing backup restoration procedures
Any data loss that occurs despite our backup efforts

We recommend maintaining independent backups of all important data.

7. Limitation of Liability

7.1 Liability Cap

Our total liability for any damages arising from these Terms or the Services is limited to the greater of CHF 50 or amount paid in last 12 months.

7.2 Excluded Damages

Under no circumstances will we be liable for:

Indirect or consequential damages
Loss of profits or business revenue
Data loss or corruption
Third-party claims from your end users
Reputation or goodwill damage
Opportunity costs

7.3 Swiss Law Limitations

These limitations do not exclude liability for intentional misconduct, gross negligence, death, or personal injury as required by Swiss law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Zenith Hosting KLG from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your content, or your violation of these Terms.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms are governed exclusively by Swiss law, without regard to conflict of law principles.

9.2 Dispute Resolution Process

Before pursuing any formal legal action, disputes must follow this process:

Step 1: Direct Resolution (Required)

Contact our support team at support@zenith.ms
We will respond within 48-72 hours
We will work in good faith to resolve the issue within 30 days

Step 2: Mediation (Optional)

If Step 1 fails, either party may request voluntary mediation
Mediation will be conducted online or in Bern, Switzerland
Each party pays their own mediation costs

Step 3: Court Resolution

After completing Step 1, disputes may be brought to Swiss courts
Disputes under CHF 200 may be filed in small claims court in Switzerland
Larger disputes are subject to exclusive jurisdiction of courts in Bern, Switzerland

Terms of Service

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