Terms & Conditions

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General Terms and Conditions

Last updated January 25, 2026

These General Terms and Conditions apply to all offers, quotations and agreements between Rackmore FZ-LLC, the Netherlands (“RACKMORE”) and its counterpart (“Customer”), relating to the services offered via the website https://rackmore.com.

The applicability of any purchasing or other terms of Customer is expressly rejected. Any deviations from these General Terms and Conditions are only valid if expressly agreed in writing by RACKMORE.

Article 1. Formation of the agreement

1.1
RACKMORE offers hosting, colocation, GPU and cloud-related services. Customer may select configurations and options through the web interface provided on rackmore.com.

1.2
Upon receipt of an order, RACKMORE will review and either approve or reject it. Customer will be notified by email. RACKMORE reserves the right to reject any order and will substantiate such rejection.

1.3
All pricing and service descriptions on the website are non-binding and subject to change. Only an order explicitly approved by RACKMORE determines the final configuration and pricing.

1.4
RACKMORE may correct obvious errors in configurations or pricing, provided Customer is informed as soon as reasonably possible.

1.5
RACKMORE does not provide services to citizens or residents of the following sanctioned countries: Afghanistan, Islamic Republic of Iran, Syrian Arab Republic, Cuba, Sudan, Libya, Turkmenistan, the Russian Federation, the Crimean Peninsula and North Korea.

Article 2. Provision of services

2.1
After approval, RACKMORE will deploy the services as agreed and provide access via an administrative account. Customer may create additional accounts where applicable.

2.2
Customer is responsible for using strong passwords and appropriate security measures to protect access to all accounts.

2.3
All services are provided on an unmanaged basis unless explicitly agreed otherwise. All actions performed using Customer accounts are deemed to be under Customer’s control and responsibility.

2.4
Customer shall cooperate fully and provide all information reasonably required for the proper provision of the services.

2.5
Customer information must be complete, accurate and lawful. Any consequences of providing false or misleading information lie solely with the Customer.

Article 3. Availability of services

3.1
RACKMORE uses commercially reasonable efforts to ensure service availability but does not guarantee uninterrupted operation.

3.2
In case of interruptions, RACKMORE will make reasonable efforts to restore services. Where interruptions are caused by third parties, RACKMORE’s obligation is limited to urging remediation by such parties.

3.3
Technical support is provided via email at [email protected] on a 24/7 basis. RACKMORE may charge its standard hourly rates for support requests attributable to Customer actions.

3.4
RACKMORE may temporarily suspend services for maintenance or upgrades without compensation. Where possible, such maintenance will be announced in advance.

3.5
All licensed software is leased, not sold. Customer receives a limited, non-exclusive, non-transferable right to use such software for the duration of the agreement. License fees are non-refundable once activated.

3.6
RACKMORE is not obligated to create backups of Customer data unless expressly agreed in writing.

3.7
Where backups are agreed, RACKMORE will make best efforts to provide them. Restoration of individual files may be subject to additional fees.

Article 4. Acceptable use

4.1
Customer shall not use the services in violation of applicable law or in a manner that negatively affects the services or infrastructure.

4.2
RACKMORE may suspend or terminate services if it reasonably believes the services are being used unlawfully or in breach of these terms, without prior notice and without liability.

4.3
In case of third-party complaints, RACKMORE will act in accordance with applicable law and its internal procedures.

4.4
If Customer’s usage significantly exceeds reasonable limits, RACKMORE may suspend the service until a suitable solution is agreed.

Article 5. Domain names

5.1
Where domain registration or transfer is requested, RACKMORE acts solely as an intermediary.

5.2
Domain registrations are subject to registry rules. RACKMORE bears no responsibility for registry decisions.

5.3
Registration or transfer is only confirmed once acknowledged by the relevant registry.

5.4
RACKMORE is not liable for loss of a domain name unless caused by intentional misconduct or gross negligence.

5.5
Domain-related fees are non-refundable upon termination.

Article 6. Pricing and invoicing

6.1
All prices are in euros, exclusive of VAT and other applicable taxes.

6.2
Services are invoiced in advance according to the selected billing cycle.

6.3
Usage-based charges are determined by RACKMORE’s measurement systems unless proven otherwise by Customer.

6.4
Invoices must be paid within fourteen (14) days of the invoice date.

6.5
In case of non-payment, RACKMORE may suspend services until full payment, including a 10% late fee, is received.

6.6
Due to high demand, GPU servers suspended for non-payment may be terminated immediately.

6.7
Disputed invoices must be contested in writing within seven (7) days of receipt.

6.8
RACKMORE may adjust prices twice per calendar year with one month’s notice.

6.9
The following are non-refundable: software licenses, domain fees, SSL certificates, administration fees.

6.10
Services are not intended for cryptocurrency mining. Performance-related claims or refunds for mining use are excluded.

6.11
Services are not intended for use as email servers. RACKMORE does not guarantee email deliverability or IP reputation.

Article 7. Limitation of liability

7.1
RACKMORE is only liable for direct damages resulting from intentional misconduct or gross negligence.

7.2
RACKMORE is never liable for indirect or consequential damages, including loss of profits.

7.3
Total liability is limited to the amount paid by Customer in the three months preceding the event.

7.4
Damages must be reported in writing within two weeks of occurrence.

7.5
Customer indemnifies RACKMORE against third-party claims arising from Customer’s use of the services.

Article 8. Force majeure

8.1
Neither party is liable for failure to perform due to force majeure, except for payment obligations.

8.2
Force majeure includes, without limitation, natural disasters, war, strikes, internet outages, DDoS attacks and governmental actions.

8.3
The affected party shall inform the other party without undue delay.

Article 9. Term and termination

9.1
Agreements are concluded for successive monthly terms unless terminated by Customer via written notice or the client area.

9.2
Failure to comply with material obligations may result in termination after reasonable notice.

9.3
Upon termination, all outstanding amounts become immediately due.

9.4
Clauses intended to survive termination shall remain in force.

Article 10. Changes to the agreement

10.1
RACKMORE may amend these terms with ten (10) days’ notice.

10.2
If Customer objects, Customer may terminate the agreement within that period.

Article 11. Applicable law and disputes

11.1
These terms are governed by the laws of the Netherlands. The CISG does not apply.

11.2
Disputes shall be submitted to the competent courts of the Netherlands.

11.3
Invalid provisions shall be replaced by valid ones with similar intent.

Article 12. Miscellaneous

12.1
The parties act as independent contractors.

12.2
Assignment is permitted only with prior written consent, except in case of corporate restructuring.

12.3
Customer must keep contact details up to date.

12.4
Email qualifies as written communication.

12.5
Headings are for convenience only.