Terms of Service

1. Who we are

These terms apply to services provided by {{TRADER_NAME}}, an individual trading as SurgeNode, with a service address at {{SERVICE_ADDRESS}} (“we”, “us”, “our”, “SurgeNode”). You can reach us at {{LEGAL_EMAIL}}.

From June 2026 the service will be operated by a UK limited company. We will publish an updated version of these terms with the company name, Companies House registration number, registered office, and VAT number at that point.

2. Acceptance of these terms

By placing an order, creating an account, or using any SurgeNode service, you agree to these terms and our Acceptable Use Policy and Privacy Policy. If you do not agree, do not use the service.

If you are entering into these terms on behalf of a company or other organisation, you confirm you are authorised to bind that organisation, and references to “you” include both you and that organisation.

3. What we provide

SurgeNode provides hosting services, currently:

• VPS Hosting - virtual private servers with high-performance Ryzen 9 vCPUs, DDR4/DDR5 memory and NVMe storage, provisioned via VirtFusion in New York and Ashburn.
• FiveM VPS - VPS hosting tuned for FiveM with optional CDN add-on.
• Dedicated Servers - bare-metal servers built to order in four cities, in Unmanaged Linux or FiveM Managed configurations.

Specifications, pricing and availability are described on the relevant product pages and confirmed in your order. We may update specifications from time to time; we will not materially reduce the resources of an existing service mid-term without your consent.

4. Your account

• You must provide accurate and complete information when creating an account, and keep that information up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You must use strong, unique passwords and enable two-factor authentication where offered.
• Notify us immediately at {{ABUSE_EMAIL}} if you believe your account has been compromised.
• You must be at least 18 years old to open an account. The service is not directed at children.

5. Fees, billing & renewal

• Fees are payable in advance for each billing cycle (typically monthly) via our billing platform at billing.surgenode.net.
• Unless we say otherwise on a product page, prices shown are exclusive of VAT. Where VAT applies, it will be added at the prevailing UK rate at checkout.
• Services renew automatically at the end of each billing cycle unless cancelled in advance through the billing dashboard.
• If a payment fails, we will retry and notify you. Persistent non-payment will result in suspension and, eventually, termination of the service and deletion of associated data.
• Late or failed payments may attract reasonable administrative charges where permitted by law.

6. Your right to cancel (14-day cooling-off)

If you are a consumer (an individual buying outside the course of a business), you have a statutory right to cancel a contract with us within 14 days of placing your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, without giving a reason.

Important - digital content / services exception. Hosting services consist of digital content and the supply of services. By placing an order, you expressly request that we begin provisioning your service immediately, and you acknowledge that you will lose your right to cancel once provisioning has begun. If you want the 14-day right to remain available, you must wait until at least 14 days after order before requesting your service to be provisioned - please contact {{LEGAL_EMAIL}} if you wish to do so.

Where your right to cancel still applies, you may cancel by emailing {{LEGAL_EMAIL}} within the 14-day period.

7. Refunds

• VPS services - where the cancellation right above still applies, we will refund the amount paid less a pro-rata charge for any service used. Outside the cooling-off period, services are billed in advance and partial-month refunds are at our discretion.
• Dedicated servers - because dedicated hardware is hand-racked to order, dedicated services are non-refundable once provisioning has begun. If you are unsure whether dedicated is right for you, start with a VPS.
• Add-ons (such as CDN caching) follow the same logic as the underlying service.
• Nothing in this section affects your statutory rights as a consumer under UK law, including under the Consumer Rights Act 2015.

8. Acceptable use

Your use of the service is also governed by our Acceptable Use Policy (AUP). The AUP forms part of these terms. Breach of the AUP is a breach of these terms and may result in suspension or termination of your service without refund.

9. Service availability & SLA

We aim for high availability and reliability, but no internet service can be guaranteed 100% uptime. We do not currently publish a contractual Service Level Agreement (SLA) with credits. From time to time we will perform planned maintenance; we aim to give reasonable notice for anything customer-impacting.

Where availability falls materially below normal levels for reasons under our control, please contact {{LEGAL_EMAIL}} and we will consider reasonable goodwill credits on a case-by-case basis.

10. Your data and backups

• You retain ownership of any data you store on the service.
• Unless you have purchased a backup add-on, you are responsible for taking and maintaining your own backups. We are not a backup provider; we make no guarantee about the recoverability of data on a single host or in a single location.
• On termination, we will retain your data for a short reasonable period (typically 14–30 days) before permanent deletion, after which the data cannot be recovered.

11. Suspension and termination

We may suspend or terminate your service immediately, without refund, if:

• you breach these terms or the AUP;
• your service is being used to harm or threaten others, or to commit unlawful acts;
• payment is overdue and remains unpaid after reasonable notice;
• required by law, court order or law-enforcement request.

We will normally try to give you reasonable notice and an opportunity to remedy, but for severe abuse, illegal activity, or active third-party harm we reserve the right to suspend immediately.

You can terminate by cancelling your service in the billing dashboard, or by emailing {{LEGAL_EMAIL}}.

12. Intellectual property

The SurgeNode name, branding, website, and the configurations and tools we develop ourselves remain our property. You receive a non-exclusive, non-transferable licence to use them solely for the purpose of using your service. Open-source software shipped with any provided OS image is licensed under its own terms.

13. Warranties (and what we don't promise)

We will provide the service with reasonable care and skill as required by the Consumer Rights Act 2015 (where you are a consumer) and the Supply of Goods and Services Act 1982 (where you are a business).

Beyond that, the service is provided “as is”: we do not warrant that it will be uninterrupted, error-free, or fit for any particular purpose, and we do not warrant that the underlying hardware, networks or third-party services will perform to any particular standard.

14. Limitation of liability

Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under English law (including, where you are a consumer, your statutory rights under the Consumer Rights Act 2015).

Subject to that:

• We are not liable for indirect, special, or consequential losses, or for loss of profits, revenue, business, anticipated savings, goodwill, or data.
• Our total aggregate liability arising out of or in connection with the service in any 12-month period is limited to the fees you paid for that service in the 12 months immediately preceding the event giving rise to the liability.

15. Indemnity

If you use the service in the course of a business, you agree to indemnify and hold us harmless against any claims, losses, or costs arising out of: (a) your breach of these terms or the AUP; (b) your content or activity on the service; or (c) any claim by a third party relating to your use of the service. This clause does not apply to consumers.

16. Copyright complaints (UK)

We respect intellectual-property rights and respond to credible copyright complaints in line with the Copyright, Designs and Patents Act 1988 and the Electronic Commerce (EC Directive) Regulations 2002.

To send a notice, email {{COPYRIGHT_EMAIL}} with:

• your name, address, email and (if you are acting on behalf of a rights-holder) the rights-holder's name;
• identification of the copyrighted work and the allegedly infringing material, including a URL or sufficient information for us to locate it;
• a statement that you have a good-faith belief that the use is not authorised by the rights-holder, its agent, or the law;
• a statement, made under penalty of false declaration, that the information is accurate and you are authorised to act on the rights-holder's behalf.

Where appropriate we will pass the notice to the customer responsible and may remove or disable access to the material. The customer may submit a counter-notice. We are not the appropriate route for disputes between rights-holders and customers - that is for the courts.

17. Changes to these terms

We may update these terms from time to time. If we make material changes, we will give you reasonable advance notice (typically by email or a prominent notice on the site) and the effective date of the new version. Continued use of the service after the new version takes effect means you accept the change.

18. Governing law and jurisdiction

These terms and any non-contractual obligations arising out of them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute, except that, if you are a consumer resident in Scotland or Northern Ireland, the courts of your home country will also have non-exclusive jurisdiction.

19. Complaints and dispute resolution

We want unhappy customers to talk to us first. Please email {{LEGAL_EMAIL}} with a description of the problem and the outcome you'd like. We aim to respond within 14 days. If we cannot resolve it together, you are free to take the matter to the courts; we do not currently subscribe to a specific alternative dispute resolution scheme.

20. Contact

Legal: {{LEGAL_EMAIL}}
Abuse: {{ABUSE_EMAIL}}
Copyright: {{COPYRIGHT_EMAIL}}
Service address for legal notices: {{SERVICE_ADDRESS}}