Terms of Service

This document constitutes an official public offer CloudBird (hereinafter — the “Provider”) to enter into an agreement for the provision of computing resource (cloud server) rental services of the CloudBird service (hereinafter — the “Services”) on the terms set out below. Registration in the personal cabinet and/or topping up the balance constitute the Customer's full and unconditional acceptance of the terms of this offer.

1. Definitions

• Service — the CloudBird software and hardware complex, accessible at the website address, through which the Customer orders and manages the Services.
• Customer — an individual or legal entity who has registered in the Service and accepted the terms of this offer.
• Server — a virtual machine (VPS/VDS) created by the Customer in the personal cabinet.
• Wallet (balance) — the Customer's personal account in the Service denominated in US dollars, from which the cost of the Services is debited.

2. Subject of the Agreement

The Provider grants the Customer temporary use of computing resources (virtual servers, disk space, public IP addresses and related resources) on a self-service basis through the personal cabinet, and the Customer pays for these Services in the manner provided for by this offer.

3. Registration and Account

• To access the Services, the Customer registers an account by providing a valid email address and confirms it with a code.
• The Customer is responsible for safeguarding their login credentials and for all actions performed under their account.
• The Customer undertakes to provide accurate information and not to use the Services for unlawful activity.

4. Cost and Payment Procedure

• The cost of the Services is denominated in US dollars and is calculated hourly depending on the chosen configuration and the actual running time of the resources. Indicative rates are provided in the “Services and Pricing” section; the exact cost of a configuration is displayed in the cabinet before a server is created.
• Payment is made on a prepaid (advance) model: the Customer tops up the wallet balance, after which the Service automatically debits the cost of running resources for each hour of their existence.
• Top-ups are possible by bank cards and other methods available in the Service. Payments are processed by a payment organization; full payment card details are not transferred to the Provider and are not stored by it.
• A Service is deemed paid at the moment funds are credited to the wallet balance. A Service is deemed actually rendered for each completed hour of resource operation.
• When the balance is exhausted, servers are suspended (powered off), and after the grace period expires (by default 15 days of suspension) they are deleted along with their data. The Customer should top up the balance in advance or create backups.

5. Service Provision Procedure

• The Services are provided electronically and are activated immediately: a server becomes available right after the Customer creates it in the cabinet, provided the balance is sufficient.
• Management of the Services (creating, modifying, deleting resources) is carried out by the Customer independently through the personal cabinet on a 24/7 basis.
• The Provider makes reasonable efforts to ensure uninterrupted operation of the Service but does not guarantee the absence of interruptions caused by maintenance, third-party actions, or force majeure circumstances. Where possible, the Provider gives advance notice of scheduled maintenance. The Services are provided on a “best-effort” basis without a fixed availability level (SLA) and without service compensation, which is reflected in their cost.

6. Cancellation of Services and Refunds

• Cancellation of a service. The Customer may cancel a Service at any time by deleting the server (and other resources) in the personal cabinet. From the moment a resource is deleted, charges for it cease to accrue.
• Refund of the remaining balance. The unspent balance in the wallet is refunded to the Customer upon their written request sent to anissov.yerbol@gmail.com with the account details specified. The refund is made within 30 business days of receiving the request, by the same method used for the payment, or, by agreement, to the Customer's bank account. No fees are charged by the Provider for refunding the balance.
• What is non-refundable. Funds already debited for actually consumed hours of resource operation are non-refundable: such a Service is digital and is provided continuously from the moment a resource is created, so the charge for an already consumed period is deemed payment for a rendered Service. In addition, only the payment system fees actually incurred for processing and refunding the payment may be withheld upon refund.

6.1. Domain Name Registration

• Registration to the Customer's account. Domains are registered through the Customer's own account with the registrar ps.kz: the Customer independently creates a ps.kz account, obtains an API key there, and links it in the cabinet. The contractual relationship regarding the domain and its payment arise directly between the Customer and ps.kz; the Service merely provides a convenient interface for registration and management.
• Registrant and data. The domain name is registered using the owner's details provided by the Customer; for the .kz / .қаз zones, an IIN (individual) or BIN (organization) is mandatory under the registry rules. The Customer confirms the accuracy of this data.
• Payment. Registration and renewal are paid from the balance of the Customer's ps.kz account at ps.kz rates; the Service does not charge a separate fee for this from its own wallet. The fee paid to the registrar is non-refundable (the service is rendered on a one-time basis).
• Renewal. There is no automatic renewal. Domain renewal is performed by the Customer manually — in the cabinet or directly in their ps.kz account; payment is debited from the Customer's ps.kz balance. The Service does not initiate renewals or charge any funds. The Customer is responsible for monitoring the domain's expiry date and their ps.kz balance.
• API key. The linked ps.kz API key is stored in encrypted form and is used only for operations on the Customer's domains. The Customer can unlink the key in the cabinet at any time.

7. Rights and Obligations of the Parties

The Customer undertakes to:

• pay for the Services in a timely manner by topping up the balance;
• not use the Services for sending spam, distributing malware, attacks on third parties, hosting content prohibited by law, or other unlawful actions;
• independently create backups of important data.

The Provider has the right to:

• suspend or terminate the provision of the Services if the Customer breaches the terms of the offer or the law, as well as when the balance is exhausted;
• amend the rates and terms of the offer in accordance with Section 9.

8. Liability

• The Provider is not liable for the loss of the Customer's data, for lost profits, or for damages arising from the use of, or inability to use, the Services.
• The Provider's liability is in any case limited to the amount of funds actually paid by the Customer for the period in which the grounds for liability arose.
• The Customer is solely responsible for the content and software hosted on the rented servers.

9. Term and Amendment of the Offer

• The agreement enters into force upon acceptance and is valid indefinitely — until the use of the Services ceases and the remaining balance is refunded.
• The Provider has the right to amend the terms of the offer by publishing a new revision on this page. Continued use of the Services after an amendment constitutes agreement with the new revision.

10. Personal Data

The procedure for processing the Customer's personal data is described in the Privacy Policy, which is an integral part of this offer.

11. Dispute Resolution and Governing Law

• This agreement and the relations between the parties are governed by the laws of the Republic of Kazakhstan.
• Disputes are resolved through negotiations. Claims are sent to the Provider's email and are considered within 30 business days of receipt.
• If no agreement is reached, the dispute shall be submitted to the court at the Provider's location in accordance with the laws of the Republic of Kazakhstan.

12. Provider's Details

The Provider's full details and contact information are provided in the “Details” and “Contacts” sections.

Provider: CloudBird, BIN/IIN 880831350422.