This Brand, including subsidiaries, affiliates, divisions, contractors and all data sources and suppliers, (collectively "ArvanCloud", "we", "us" or "our") welcomes you to www.arvancloud.ir.
ArvanCloud reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, ArvanCloud will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
Terms shall convey their meaning both in singular and plural forms.
1.1. General Terms: the present General Terms, regardless of the form in which they are presented (on paper or electronically, e.g. through the ArvanCloud website).
1.2. Customer: party to whom ArvanCloud’s offer has been directed, with whom ArvanCloud has reached an agreement or for whom the legal act takes place, on grounds of which Products or Services are delivered to this party.
1.3. Products: all moving things which are the object of any offer, agreement or other legal act in the frame of the relationship between ArvanCloud and the Customer.
1.4. Services: all work and other activities which are the object of any offer, agreement or other legal act in the frame of the relationship between ArvanCloud and the Customer.
1.5. Agreement: any reciprocal acceptation, confirmed in writing or through email, with respect to ArvanCloud’s Services. Orders placed electronically are explicitly included herein.
2.1. The General Terms are applicable to and are part of all offers, agreements and other legal acts, regardless of the way in which they have been made (orally, in writing, electronically or in any other form), in the frame of delivery by ArvanCloud of Products and/or Services to or for the Customer.
2.2. The General Terms are also applicable to Products and/or Services ArvanCloud obtained from a third party and delivered (be it with or without having treated them before delivery) to the Customer as well as to Products and/or Services delivered to the Customer for ArvanCloud by a third party, as a result of the execution of an offer, agreement or any other legal act.
2.3. Derogations of the General Terms are only valid providing both ArvanCloud and the Customer have explicitly agreed to them in writing.
2.4. ArvanCloud explicitly rejects the applicability of possible General Terms (of purchase) belonging to the Customer.
2.5. In the event that a condition should become or should be declared void, the remaining conditions of the General Terms shall remain in full effect. ArvanCloud and the Customer will mutually agree to a new condition in order to replace the void/annulled condition, thereby trying to approximate the intentions of the void/annulled condition as much as possible.
3.1. All offers made by ArvanCloud are made without purchase obligation, unless explicitly specified in writing.
3.2. Offers made by ArvanCloud are valid for the term indicated on the offer. In case no term has been indicated, the offer will be valid for two (2) weeks after the date of emission of the offer.
3.3. Agreements come into effect through the acceptance by ArvanCloud of the order given in writing by the Customer or at the moment of execution of an order by ArvanCloud.
3.4. Agreements are always closed for a duration of thirty-six (36) months, unless otherwise agreed. Premature termination is out of the question.
3.5. At the end of their established term, agreements are always prolonged with consecutive terms of twelve (12) months, unless otherwise agreed. Services ordered through the automated ordering process are automatically renewed with the same period as the initial ordering period, unless a cancellation has been received in time (article 13.4).
4.1. All prices and rates mentioned by ArvanCloud are in Euro, unless explicitly specified otherwise in writing.
4.2. All prices and rates mentioned by ArvanCloud are given VAT excluded and without taking into account any other taxes imposed by the government. Similarly, transportation and delivery costs or travel expenses have not been taken into account, unless explicitly specified otherwise in writing.
4.3. At all times, ArvanCloud has the right to modify its prices and rates. Unless explicitly agreed in writing that prices and rates are valid for a given period, the announced price changes for delivery of Products and/or Services will come into effect two (2) months after their announcement.
4.4. If the Customer doesn’t agree with a price and/or rate change announced by ArvanCloud, the Customer has the right to terminate the agreement with ArvanCloud in writing, within fourteen (14) days following the announced change and by the time the announced change will come into effect.
4.5. In the event of a derogation of the original agreement between ArvanCloud and the Customer, authorized by the Customer, the ensuing surcharge will be calculated by means of the prices and/or rates in vigour at the time of execution of the additional service and presented to the Customer.
The resources allocated in each package of ArvanCloud products are designed to meet the needs of the general users with regular and usual consumption. Therefore, if you exceed the fair usage, your service will be limited. The amount in the Fair Usage Policy is stated for monthly usage per account and will be applied to all free and paid packages of Arvancloud products.
Several variables are used in calculations of the fair usage limits of each product. Yet, if while using ArvanCloud resources, you cause disturbance in stability, performance, and the quality of our services for other users, our experts can limit your service according to the Fair Usage Policy. Whether or not you are exceeding the limits of Fair Usage is usually decided by ArvanCloud experts and it is based on various factors.
6.1. The Customer must pay invoices issued by ArvanCloud within the term mentioned on the invoice in question. In the event that no deadline for payment is mentioned on an invoice, a term of thirty (30) days will be applicable.
6.2. All payments by the Customer to ArvanCloud are deduced from the old unpaid invoices addressed to the Customer, regardless of any other indication given by the Customer.
6.3. Any request for suspension, clearance or deduction submitted by the Customer will be rejected.
6.4. At all times, ArvanCloud has the right to request (partial) payment in advance for the delivery of Products and/or Services, for instance through an authorisation of direct debit given to ArvanCloud. ArvanCloud also has the right to suspend delivery until the advance payment has been received. Furthermore, ArvanCloud has the right to request security of payment in the form preferred and indicated by ArvanCloud (e.g. banker’s guarantee). In that case, ArvanCloud will not deliver the Products and/or Services until the desired security has been provided.
6.5. Any amount not paid when due shall be subject to a penalty of two per cent (2%) of the amount per month calculated pro rata die.
6.6. In case of Customer fails to reimburse ArvanCloud for Services/Products it has used for more than 7 days, it waive all its rights regarding the data it has stored on Services/Product and ArvanCloud shall have the right to remove all of Customer’s data without prior notice or warning.
6.7. ArvanCloud reserves the right to dissolve the agreement and consider it dissolved by right if the party concerned doesn’t timely pay the amounts due in accordance with this agreement.
6.8. In the event of late payment, the party concerned accepts liability for all judicial and extra-judicial costs and interests by right incurred by any third party involved by ArvanCloud or the debt collection agency.
6.9. In the event the Customer performs a charge back on any payment without filing a reclamation or objection with ArvanCloud first, the Customer will be invoiced at €25,- per charge back to cover administrative fees.
Due to ArvanCloud’s No-Refund policy, once the payment is finalized, the amount is NOT refundable.
By following the conditions below, the user can request for deleting or disabling their account:
It is mandatory for the user to send their written request to email@example.com. After reviewing the request, ArvanCloud will notify the user whether the account can be deleted or disabled.
For legal reasons (preventing money laundering and internet fraud), even after confirming the possibility of account deletion, the information and financial transaction records of the account will be maintained by ArvanCloud.
9.1. The terms of delivery announced by ArvanCloud for Products and/or Services are presented only for information purposes, thus are never to be considered a deadline, unless explicitly agreed otherwise in writing.
9.2. The risk of loss or damage to the Products in the frame of the agreement between ArvanCloud and the Customer is transferred to the Customer from the moment the Products in question become the actual possession of the Customer or any proxy acting on its behalf.
9.3. It is compulsory that the Customer should check all delivered Products for possible defects or flaws immediately following delivery.
10.1. Any contestation from the Customer regarding a ArvanCloud invoice or an amount recovered by ArvanCloud through direct debit should be notified in writing to ArvanCloud within fourteen (14) days following the invoice date or the date on which the direct debit was performed; past this deadline, the invoiced or debited sum shall be considered approved by the Customer.
10.2. Should the Customer consider that a Product or Service delivered by ArvanCloud does not meet the criteria agreed on between both parties, then the Customer should immediately notify ArvanCloud within fourteen (14) days following delivery or following the moment starting from which the Customer could have reasonably noticed the shortcoming indicated by it.
11.1. All rights on intellectual property pertaining to the Products and/or Services as well as to designs, programs, documentation and any other material developed and/or used for the preparation or implementation of the agreement between ArvanCloud and the Customer – or the rights deriving thereof – are solely vested in ArvanCloud or its suppliers. The delivery of Products and/or Services doesn’t entail any transfer of rights of intellectual property.
11.2. The Customer is always granted a mere non-exclusive and non-transferable right to use the Products and results of the Services for the agreed purposes. The Customer will, during such use, strictly adhere to the conditions specified in the General Terms or otherwise imposed on the Customer.
11.3. Products and results of the Services will never, in any way, be disclosed to the public, multiplied or held at a third party’s disposal by the Customer without prior authorisation in writing from ArvanCloud.
11.4. The Customer will never remove or modify notices placed by ArvanCloud or its suppliers and pertaining to authors’ rights, brands, trademarks or other rights of intellectual property.
12.1. The Customer will always timely supply complete information as requested by ArvanCloud, as well as any other type of information required for the delivery of Products and/or Services.
12.2. The Customer guarantees that the information mentioned in article 9.1 is accurate and complete and that it is entitled to provide the information to ArvanCloud in the frame of delivery of Products and/or Services. The Customer will indemnify ArvanCloud from all possible claims from third parties in this frame.
12.3. In the event that part of the information supplied by the Customer to ArvanCloud could be considered personal information, the Customer guarantees that the information compiled with the privacy laws in vigour at the time the information was supplied and that its use and treatment by ArvanCloud is authorized. The Customer indemnifies ArvanCloud from all possible claims from third parties in this frame.
13.1. The parties will not disclose any confidential information concerning the company of the other party, obtained in the frame of the agreement. Parties will also impose this restriction on their employees and on third parties employed for the implementation of the agreement between both parties.
13.2. Information will by all means be considered confidential if any one of the parties indicates it as such.
14.1. The legal liability of ArvanCloud for imputable faults in the frame of the implementation of the agreement is restricted to the compensation of direct damage suffered by the Customer up to a maximum amount equalling the compensation established in the agreement in question. If the agreement has a term exceeding one year, the established compensation will equal the sum total of compensations established for the ongoing year at the time the fault occurs. In no case will the total compensation for direct damage exceed € 250,- and – if the damage is of physical or material nature – € 250,- per event, whereby a series of events will be considered one event.
14.2. With direct damage is exclusively meant: costs the Customer had to reasonably incur in order to repair or discontinue the shortcomings of ArvanCloud so that ArvanCloud’s performance would again be in accordance with the agreement, as well as reasonable costs incurred to prevent or restrict such damage and reasonable costs incurred to establish the cause and the importance of the damage. If ArvanCloud and the Customer have agreed on a binding term of delivery, the costs will be taken into account, which the Customer had to reasonably incur to take emergency dispositions on account of ArvanCloud’s failure to deliver within the binding terms of delivery, less possible savings, also in the case of direct damage.
14.3. Each liability of ArvanCloud for indirect damages, including but not limited to consequential loss, loss of profits and loss of revenue is excluded.
15.1. There will be no imputable faults ascribed to ArvanCloud in case of Force Majeure.
15.2. If the circumstances of Force Majeure have lasted for longer than sixty (60) consecutive days, the Customer will have the right to dissolve the agreement in writing and out of court. No damage compensation whatsoever will be imputable to ArvanCloud for damages suffered by the Customer on account of the dissolution of the agreement. ArvanCloud has the right to claim payment from the Customer for all Products and/or Services delivered to the Customer up to the moment of dissolution of the agreement.
16.1. Each party has the right to dissolve the agreement out of court in the event that the other party should fail to fulfil its obligations in the frame of the agreement and should remain incapable of remedying the breach within a reasonable timeframe after having received due notice in writing. Dissolution does not discharge the Customer of any obligation of payment for Products and/or Services already delivered by ArvanCloud, unless ArvanCloud is to be considered in breach with respect to a certain Product or Service.
16.2. ArvanCloud has the right to dissolve the agreement immediately without advance notice and without being considered liable for any kind of damage compensation to the Customer if suspension of payment has been granted to the Customer, if a declared state of bankruptcy has been requested for the Customer, if (part of) the possessions of the Customer have been seized, if the company of the Customer finds itself in a state of liquidation or goes out of business, if the Customer commits acts in violation of the (inter)national laws and regulations or if the Customer has supplied false information to ArvanCloud.
16.3. Immediately after the dissolution of the agreement (whichever the reason of dissolution), the Customer will stop using Products and/or results of Services provided to it and will return all programs, documentation and other material provided to it in the frame of the agreement.
16.4. Early termination of the agreement must be notified in writing, observing a period of notice of three (3) months at the end of the agreed period, unless otherwise agreed. The termination may be notified through (E)-mail, fax, or trough ArvanCloud’s online ticket system on the understanding that the period of notice will begin on the day that ArvanCloud receives the notice of termination. Gameservers and voiceservers have a minimum rental period of one (1) month and period of notice of one (1) month. Dedicated servers ordered through the automatic ordering process have a minimum rental period of one (1) month and a period of notice of one (1) month. A custom order/invoice has a minimum agreement of twelve (12) months and a period of notice of three (3) months. The notice of termination should mention the personal information and the customer number (if any). The notice should also bear the signature of the Customer.
16.5. We don’t allow porn or sexually exploitative content. We prohibit accounts that promote or distribute pornographic content, and we report child sexual exploitation to authorities.
If you decide to discontinue receiving services, you need to stop all services in the user account and delete the information related to each service. If you fail to do so, the service will be considered active and you will be responsible for its settlement. Canceling any of ArvanCloud services requires you to officially declare that you no longer need the data related to any service.
If the financial status of your user account becomes debited (negative amount), your services will be treated according to the rules mentioned in the "Suspension for Nonpayment" section. If ArvanCloud decides that the user's activity damages the company's infrastructure and business or affects the services provided to users of ArvanCloud or any other user of the Internet- now or in the future- the company can terminate the user’s access to products and services without notice and will inform the account owner about this situation via email. The user's use of services and products of ArvanCloud must be based on the Fair Usage Policy. If ArvanCloud detects that the user is exceeding Fair Usage Policies, it can immediately and without the user’s consent terminate services and access to products and will inform the user of this situation via email. Whether or not the user is exceeding the limits of Fair Usage is usually decided by ArvanCloud experts.
Also, if you intend to use ArvanCloud products for non-defined and irregular purposes, ArvanCloud can immediately detect it and terminate your service, and limit your account without notice.
|Immediately||After 24 hours||After 48 hours||After one week||After two weeks||After one month|
|Cloud Server||Access to the panel will be denied.||Instance networks will be deactivated.||Instances will be turned off.||Instances and Snapshots will be removed.|
|CDN||CDN service will be deactivated.||Your domain will be disconnected from CDN.|
|Video Platform||New video will not upload.||Videos won’t be displayed.||Videos will be deleted.|
|Live Streaming||Live stream will stop working.||Live streams will be deleted.|
|Container Service||Access to the panel will be denied.||Projects will be turned off.||Projects will be deleted.|
|Cloud Storage||Access to the panel will be denied.||Write access will be denied.||Read access will be denied.||Files will be deleted.|
|Support||Downgrading to Basic plan|
Note: If you top up your account after the instances are turned off, you need to turn on your instances manually.
Note: In case the user consumes more disk IOPS and network PPS than included in the basic packages, the access to the instance will be automatically blocked.
In order to recover the access, you need to send a ticket to ArvanCloud's technical support department.
Note: After the CDN service is deactivated, traffic will be directly sent to your origin server, and the protection against attacks will be returned to its basic mode. Bear in mind that if the CDN is turned off, there is the risk of exposure to your origin server’s IP.
Note: If your domain exceeds the fair usage limit in your existing package, ArvanCloud CDN edge servers will be disconnected from your domain. You need to upgrade the package of that domain to a higher plan in order to pass the domain's traffic again through ArvanCloud CDN edge servers.
Note: After the videos are removed, you will not be able to retrieve or restore them at all.
Note: You can no longer restore the deleted applications and projects.
Note: You can no longer recover the removed files.
Note: As your support plan has changed to Basic, after adding funds to your billing account, you need to activate your desired support plan again.
19.1. In the event that ArvanCloud personnel should perform its duties in the frame of the delivery of Products and/or Services on the premises of the Customer, the Customer will offer all the support necessary for the accomplishment of these duties.
19.2. Throughout the duration of the agreement between Customer and ArvanCloud and for one year following termination thereof, the Customer shall not hire or employ in any other way, be it directly or indirectly, personnel of ArvanCloud without prior written authorisation of ArvanCloud. With personnel of ArvanCloud is meant: all persons which ArvanCloud or one of its associated enterprises has hired or which have stopped working for ArvanCloud or one of its associated enterprises less than 6 (six) months ago.
20.1. Disputes between ArvanCloud and the Customer, resulting from or pertaining to offers, agreements and other legal acts in the frame of delivery of Products and/or Services by ArvanCloud will be exclusively presented to the competent judge in the district of Düsseldorf.
21.1. ArvanCloud has the right to temporarily disable delivered Services for maintenance purposes.
21.2. ArvanCloud has the right to (temporarily) disable delivered Services or limit their use if the Customer should fail to fulfil one of its obligations toward ArvanCloud or displays conduct that is in breach with the present General Terms. ArvanCloud will notify the Customer thereof, unless this cannot be reasonably expected from ArvanCloud. The imposed restriction or disablement doesn’t affect the other obligations of the Customer and thus has no suspending effect.
21.3. The Customer will be reconnected upon the fulfilment of all its obligations within a deadline imposed by ArvanCloud and upon payment of the thereto established reconnection fee (€ 25,- VAT excluded).
Our services must not be used to hide any illegal activities or be a tool to commit an illegal activity. You must always refrain from committing any acts through Services that may be considered illegal or prohibited under the federal or state law or the territory law of the country of which you are resident of. You should also abstain from:
In case our staff are being informed or become aware of your prohibited activities as described in this clause, they may immediately and without prior notice terminate your Services and remove any data you have. You will also lose all rights regarding any refunds or any other rights you may have been entitled under this agreement. We may also provide your personal information to law enforcement agencies upon their legal requests.
For more information, please read our Acceptable Use Policy.
At ArvanCloud, we are ready to embrace GDPR principles and take responsibility for providing you with uniform and compliant standards for personal data privacy in our role as a data controller and data sub-processor.
ArvanCloud provides the required data processing agreements (DPA’s) for our customers here.
These GDPR Ready Terms and Conditions will be applied to all new customers inside the European Economic Area when all the actions and requirements are met.
ArvanCloud is committed to ensuring that your privacy and personal data are protected. We will use your personal data by the applicable laws and regulations.
If you have any requests, questions or suggestions about these agreements, please send an email to firstname.lastname@example.org.
Last Updated: 1 January 2023