Refund Policy

Refund Policy for "WIN-VPS.EU"
dated March 07, 2019

Last updated on December 01, 2025r

This Refund Policy (the "Refund Policy") is an annex to, and forms an integral part of, the Paid Services Agreement (the "Agreement") concluded between VMachines & Servers OÜ (the "Contractor" or "Operator") and the Customer. VMachines & Servers OÜ acts as the Contractor under the Agreement and as the Operator of the "WIN-VPS.EU" website (the "Website").

This Refund Policy sets out the conditions and procedures for refunds and, where applicable, the exercise of the statutory right of withdrawal in connection with the Services provided by the Contractor through the Website. It applies to all Customers, including Consumers and Business Customers within the meaning of the Agreement.

For Customers who qualify as Consumers under applicable law, this Refund Policy is subject to mandatory consumer protection rules of the European Union and Estonia, including Directive 2011/83/EU on consumer rights and the Estonian Law of Obligations Act. Nothing in this Refund Policy shall be interpreted as limiting or excluding any mandatory statutory rights of Consumers.

Capitalised terms used in this Refund Policy have the meanings given to them in the Agreement, unless otherwise defined herein.

Scope and Statutory Right of Withdrawal
1. Customers who qualify as Consumers (as defined in Clause 1.10 of the Agreement) have a statutory right to withdraw from the Agreement within fourteen (14) calendar days without giving any reason, in accordance with Directive 2011/83/EU and the Estonian Law of Obligations Act.
2. For service contracts, including the provision of the Services, the statutory withdrawal period starts on the date of conclusion of the Agreement for the relevant Service, as described in Section 2 and Section 3.6 of the Terms and Conditions.
3. Business Customers (Customers who do not qualify as Consumers) do not have a statutory right of withdrawal under Directive 2011/83/EU. Refunds to Business Customers are governed exclusively by Section 5 of this Refund Policy and the Agreement.
4. For the avoidance of doubt, this Refund Policy distinguishes between two separate mechanisms:
  - Statutory right of withdrawal (Consumers only): A Consumer may withdraw from the Agreement without giving any reason within fourteen (14) calendar days from the date of conclusion of the Agreement. This right expires at the end of the fourteen (14) calendar day period and is not available thereafter.
  - Cancellation of subscription-based Services: After the expiry of the statutory withdrawal period, the Customer may cancel subscription-based Services for the future in accordance with Section 4 of this Refund Policy and Section 3 of the Terms and Conditions. Such cancellation does not give rise to a refund for the current or any past billing periods.
  These are distinct rights with different conditions, time limits and consequences. The statutory right of withdrawal applies only to Consumers and only within the fourteen (14) calendar day period.
Exercising the Right of Withdrawal (Consumers)
1. To exercise the statutory right of withdrawal, the Consumer must inform the Contractor of the decision to withdraw by a clear and unambiguous statement (the "Withdrawal Notice") before the withdrawal period expires.
2. The Consumer may submit a Withdrawal Notice using any of the following methods:
  - submitting a cancellation request through the Client Area ticket system (recommended);
  - sending a clear written statement by email to the Contractor's contact email address published on the Website; or
  - using other official communication channels expressly indicated on the Website for contractual matters (such as live chat or designated messenger accounts), where the Consumer is unable to access the Client Area.
3. The Consumer may, but is not obliged to, use a model withdrawal form made available by the Contractor on the Website. Use of such form is optional and is not a condition for the validity of the Withdrawal Notice.
4. To meet the withdrawal deadline, it is sufficient for the Consumer to send the Withdrawal Notice before the withdrawal period has expired, regardless of when it is received by the Contractor.
Effects of Withdrawal and Refunds for Consumers
1. If the Consumer validly withdraws from the Agreement within the statutory withdrawal period (fourteen (14) calendar days from the date of conclusion of the Agreement), the Contractor shall reimburse all payments received from the Consumer for the relevant Services without undue delay and in any event not later than fourteen (14) calendar days from the day on which the Contractor is informed of the Consumer's decision to withdraw, subject to Clauses 3.4 and 10.5.
2. The Contractor shall carry out the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of the reimbursement.
3. Where the Consumer exercises the statutory right of withdrawal within the fourteen (14) calendar day period, the Contractor shall reimburse the full amount paid by the Consumer for the relevant billing period, without any deduction for the period during which the Services were available to the Consumer.
  
  This full refund policy is more favourable to the Consumer than the minimum requirements of Article 14(3) of Directive 2011/83/EU, which would permit the Contractor to retain a proportionate amount for Services already provided. The Contractor provides this enhanced refund at its discretion as a measure of goodwill and to simplify refund administration.
4. The statutory right of withdrawal expires at the end of the fourteen (14) calendar day period from the date of conclusion of the Agreement. After this period:
  - the Consumer is not entitled to any refund for the current billing period on the basis of the statutory right of withdrawal;
  - the Consumer may cancel subscription-based Services for the future in accordance with Section 4 of this Refund Policy and Section 3 of the Terms and Conditions, but such cancellation does not give rise to a refund for the current or any past billing periods; and
  - the Services will continue until the end of the paid billing period, unless terminated earlier in accordance with the Agreement.
5. By completing the order and payment process on the Website, the Consumer expressly:
  - requests that the Contractor begins the provision of the Services immediately, without waiting for the expiry of the withdrawal period;
  - acknowledges being informed of the statutory right of withdrawal, the fourteen (14) calendar day withdrawal period, and the conditions for its exercise as set out in this Refund Policy; and
  - confirms that the Consumer understands that the right of withdrawal must be exercised within fourteen (14) calendar days from the conclusion of the Agreement, and that after this period no refund is due for the current billing period.
6. For the avoidance of doubt:
  - the statutory right of withdrawal is available only within fourteen (14) calendar days from the conclusion of the Agreement for the relevant Service;
  - within this period, the Consumer is entitled to a full refund in accordance with Clause 3.3;
  - after this period, no refund is due for the current or any past billing periods, regardless of whether the Consumer has used the Services; and
  - automatic subscription renewals do not give rise to a new withdrawal period, as further described in Section 4.
Subscription Services and Billing Periods
1. All Services provided by the Contractor are offered on a subscription basis. The duration of each billing period (such as monthly, quarterly, semi-annual, annual, biennial, triennial or any other period) is selected by the Customer during the ordering process or as specified in the applicable Service description.
2. The statutory right of withdrawal for Consumers applies only to the initial conclusion of the Agreement for the relevant Service. The Consumer may exercise this right within fourteen (14) calendar days from the date of conclusion of the Agreement and, if exercised within this period, is entitled to a full refund of the amount paid for the initial billing period in accordance with Section 3 of this Refund Policy.
3. Automatic subscription renewals do not constitute new contracts and do not give rise to a new statutory withdrawal period, regardless of the length of the billing period. This applies equally to monthly, quarterly, annual or any other billing period, in accordance with Article 9(2)(a) of Directive 2011/83/EU, as the withdrawal period runs from the date of conclusion of the original Agreement and not from subsequent renewals or payments.
4. After the expiry of the statutory withdrawal period (fourteen (14) calendar days from the conclusion of the Agreement):
  - the Consumer is not entitled to a refund for any unused portion of the current billing period;
  - the Consumer may cancel the subscription for the future in accordance with Section 3 of the Terms and Conditions, but such cancellation does not give rise to a refund for the current or any past billing periods; and
  - the Services will continue until the end of the paid billing period, unless terminated earlier in accordance with the Agreement.
5. Early termination by the Customer after the statutory withdrawal period does not create an entitlement to a pro-rata refund of the prepaid amount for the current billing period, unless:
  - the Contractor has materially failed to provide the Services in accordance with the Agreement and has not remedied such failure within a reasonable time after notification by the Customer;
  - the Contractor terminates the Services for convenience in accordance with the Agreement;
  - the Customer cancels the affected Services due to a Material Modification or a change to a core function of the Services in accordance with Section 5 of the Terms and Conditions, where no viable alternative of at least equivalent functionality is available on terms that are not less favourable to the Customer; or
  - otherwise required by mandatory law.
  For the purposes of this Clause 4.5(c), the terms "Material Modification" and "core function" have the meanings given to them in Clauses 5.4.4 and 5.7.2 of the Terms and Conditions respectively. The procedure for exercising this right, including the applicable time limits and refund calculation, is set out in Clause 5.8 of the Terms and Conditions.
6. For Business Customers, payments made for any billing period, including renewals, are non-refundable unless otherwise expressly agreed in writing.
Refunds for Business Customers
1. Business Customers do not have a statutory right of withdrawal under Directive 2011/83/EU. Any refunds to Business Customers are provided on a purely contractual basis as set out in this Section 5.
2. Business Customers who wish to request a discretionary refund must submit their request through the Client Area ticket system within seven (7) calendar days from the date of conclusion of the Agreement for the relevant Service. The request must specify the relevant Service, Order number or invoice number, and the reason for the request.
3. Refund requests from Business Customers submitted after the period specified in Clause 5.2 will not be considered, except where:
  - a refund is strictly required by mandatory law applicable to the Business Customer;
  - the Contractor has expressly agreed otherwise in a separate written agreement or Order Form; or
  - the request relates to a documented and verified critical failure of the Services that was reported to the Contractor within the period specified in Clause 5.2 but could not be resolved by the Contractor within a reasonable time.
4. Even where a refund request from a Business Customer is submitted within the applicable period, the Contractor is not obliged to grant the refund and may refuse at its sole discretion without giving reasons. Payments by Business Customers are non-refundable except as expressly provided in this Section 5 or otherwise agreed in writing.
5. Where the Contractor, at its sole discretion, decides to grant a refund to a Business Customer, the refund amount may be reduced to account for:
  - the proportionate value of any Services already provided;
  - any administrative costs reasonably incurred by the Contractor; and
  - any amounts owed by the Business Customer to the Contractor.
Identification and Verification
1. Any refund request must contain sufficient information to enable the Contractor to identify the Customer and the relevant Service (for example, the Customer's name, email address registered on the account, Order number or invoice number).
2. As a general rule, the Contractor will rely on the information already available in the Customer's account and payment records to verify the identity of the person submitting the refund request. The Contractor does not require Consumers to provide a passport, ID card or other identity document as a standard condition for exercising the statutory right of withdrawal.
3. Where the Contractor has a legitimate concern about the authenticity of a refund request (for example, a suspected fraud, a mismatch between the payer and the account holder, or conflicting information), the Contractor may request additional verification in accordance with the KYC Customer Verification Policy. Such verification shall be proportionate and shall not create an unreasonable barrier to the exercise of statutory consumer rights.
Refund Method
1. For Consumers exercising the statutory right of withdrawal, the Contractor shall carry out the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of the reimbursement.
2. For Business Customers, the Contractor may, at its discretion, process refunds using the original payment method or an alternative method agreed with the Customer.
3. As a general rule, refunds shall be made only to the verified payment account or payment method of the person in whose name the account on the Website is registered and/or the contracting party under the Agreement. Refunds will not normally be made to third-party accounts or to persons other than the registered account holder or contracting party.
4. If the original payment method is no longer available (for example, due to an expired or cancelled card or a closed bank account), the Contractor shall make reasonable efforts to work with the Customer to identify an alternative refund method in the name of the same account holder or contracting party, provided that the Customer cooperates and provides the necessary information within fourteen (14) calendar days of the Contractor's request. If the Customer fails to provide the required information within this period, the Contractor's obligation to process the refund shall be suspended until such information is received, without accrual of interest or other compensation for the delay. The Contractor may require reasonable verification to confirm the Customer's identity and ownership of the alternative account in accordance with Clause 6.3.
5. The Contractor may set off against any refund amount:
  - any outstanding and undisputed amounts owed by the Customer to the Contractor under the Agreement or any other agreement between the parties;
  - any chargeback fees, reversal fees or administrative costs actually incurred by the Contractor as a result of the Customer's payment disputes, to the extent such set-off is permitted by applicable law;
  - any compensation or damages owed by the Customer to the Contractor under the Agreement or the Terms and Conditions.
  For Consumers, set-off under this Clause shall be exercised only to the extent permitted by mandatory consumer protection law and shall be clearly itemised in the refund confirmation. The Contractor shall not set off disputed amounts against a Consumer's refund without the Consumer's consent or a binding decision of a competent authority.
Cryptocurrency Payments
1. Where the Customer has paid for the Services using cryptocurrency and a refund is due, the refund shall be made to a bank account in the name of the account holder registered on the Website and/or the contracting party under the Agreement. Refunds for cryptocurrency payments will not be made in cryptocurrency.
2. The refund amount for cryptocurrency payments shall be calculated as follows:
  - the amount shall be determined in US dollars (USD) or euros (EUR), at the Contractor's discretion;
  - the exchange rate applied shall be the rate in effect on the date of the original payment for the Services, as recorded by the Contractor or the payment processor at the time of the transaction; and
  - in no event shall the refund amount exceed the amount stated in the paid invoice for the relevant Services.
3. The Contractor does not hold cryptocurrency reserves. Cryptocurrency payments are converted into fiat currency upon receipt, and refunds are therefore processed in fiat currency. This clause reflects the operational necessity arising from the nature of cryptocurrency transactions.
4. Due to the pseudonymous nature of cryptocurrency transactions, the Contractor may require additional identity verification in accordance with the KYC Customer Verification Policy before processing a refund for a cryptocurrency payment.
General Refund Provisions
1. This Refund Policy applies to Services provided directly by the Contractor. Unless expressly stated otherwise and to the extent permitted by mandatory law, third-party products, services, licences or add-ons purchased through or in connection with the Website are subject to the refund and cancellation policies of the respective third-party providers and are not refundable by the Contractor.
2. Refunded amounts are processed in respect of specific Services and specific Orders or invoices. They cannot be automatically transferred to other Services or applied as general account credit without the Customer's prior consent. The Contractor may offer the Customer the option to receive a refund as account credit instead of a monetary refund; however, the Customer is not obliged to accept this option and may always request a monetary refund where entitled to one under this Refund Policy.
3. The Customer acknowledges that exercising the right of withdrawal or receiving a refund for one Service does not, by itself, affect the validity or continuation of other active Services under the same account, unless otherwise provided in the Agreement or required by mandatory law.
4. The maximum refund amount for any Service shall not exceed the amount actually paid by the Customer to the Contractor for that specific Service during the billing period to which the refund relates. Under no circumstances shall the Contractor be liable to refund or compensate:
  - any fees, charges or commissions paid by the Customer to third parties (including payment service providers, banks, cryptocurrency exchanges or currency conversion fees);
  - any indirect losses, consequential damages, lost profits or business interruption losses; or
  - amounts exceeding the price stated in the paid invoice for the relevant Service.
5. For the avoidance of doubt, the processing of a refund, or any delay in processing a refund that is not attributable to the Contractor's fault, shall not give rise to any claim by the Customer for:
  - interest on the refund amount, except where such interest is strictly required by mandatory law;
  - compensation for loss of use of funds during the refund processing period;
  - damages for any business interruption, lost revenue, lost profits or reputational harm; or
  - any indirect or consequential losses of any kind.
  This Clause does not limit or exclude any liability that cannot be limited or excluded under mandatory law applicable to Consumers.
Refunds in Cases of Breach, Fraud or Failed Verification
1. Without prejudice to any mandatory statutory rights of Consumers, the Contractor may refuse a refund in whole or in part, or may limit the refund to a proportionate amount, where the Contractor has reasonable grounds, based on documented evidence available to it, to believe that there has been a material breach of the Agreement, the Terms and Conditions or applicable law by the Customer, including but not limited to:
  - the Customer has engaged in fraudulent activity in connection with the Services, including but not limited to using stolen or unauthorised payment credentials, identity theft, or making false representations in order to obtain the Services or a refund;
  - the Customer has materially violated the Agreement or the Terms and Conditions by using the Services for prohibited activities, including but not limited to those listed in Clause 6.2.10 of the Terms and Conditions (such as cyber-crime, hacking, carding, phishing, spam, distribution of malware, scams, fraud or other illegal activities);
  - the Customer has provided materially false, misleading or incomplete information during registration on the Website or when placing an Order, where such information was provided with the intent to deceive or to conceal the Customer's identity in connection with the use of the Services or a refund request; or
  - the Customer has refused or failed to complete identity verification or other KYC procedures lawfully requested by the Contractor in accordance with the KYC Customer Verification Policy, where such verification is required for fraud prevention, anti-money laundering, sanctions compliance or to confirm the identity of the refund recipient.
2. For Customers who qualify as Consumers, the grounds listed in Clause 10.1 shall apply only to the extent permitted by mandatory consumer protection and anti-money laundering laws and shall not deprive the Consumer of any mandatory statutory right of withdrawal or other non-derogable statutory remedy. In particular:
  - the statutory right of withdrawal cannot be denied solely on the basis that the Consumer used privacy-enhancing tools (such as VPNs or the Tor network) for general privacy purposes, unless such use formed part of fraudulent or illegal activity;
  - minor errors or inaccuracies in registration data that do not constitute fraud, intentional misrepresentation or an attempt to conceal the Consumer's identity shall not, by themselves, result in forfeiture of the statutory right of withdrawal; and
  - where the Consumer is otherwise entitled to a refund but additional verification of the refund recipient is required for AML, sanctions or fraud-prevention purposes, the Contractor shall provide the Consumer with a reasonable opportunity (which shall be not less than fourteen (14) calendar days from the date of the Contractor's verification request) to complete such verification before refusing or permanently withholding the refund. If the Consumer fails to complete verification within this period despite reasonable reminders from the Contractor, the Contractor may suspend the refund until verification is completed, without accrual of interest or other compensation for the delay.
3. For Business Customers, the Contractor may refuse, limit or withhold refunds on any of the grounds listed in Clause 10.1 at its sole discretion, in addition to any other grounds provided in this Refund Policy, the Agreement or the Terms and Conditions.
4. Any decision by the Contractor to refuse, limit or withhold a refund under this Clause 10 is without prejudice to any other rights or remedies of the Contractor in respect of the relevant breach, including the right to suspend or terminate the Services and to claim damages or contractual compensation in accordance with the Agreement and the Terms and Conditions.
5. The Contractor may suspend or withhold any refund, without accrual of interest or other compensation for the delay, if:
  - the Customer has initiated a chargeback, payment dispute or similar claim with a payment service provider, bank or card issuer in respect of the same payment for which a refund is requested;
  - there is an ongoing investigation by the Contractor, a payment service provider, law enforcement or a competent authority into suspected fraud, money laundering or abuse involving the Customer's account or payment; or
  - the Customer has outstanding undisputed payment obligations to the Contractor under the Agreement or any other agreement.
  In such cases, the refund shall be processed only after the chargeback, dispute or investigation has been finally resolved in favour of the Contractor or closed, and any outstanding amounts have been paid in full. If the chargeback or dispute is resolved in favour of the Customer, the Contractor shall process any refund to which the Customer is entitled under this Refund Policy without undue delay. This Clause does not limit the Customer's statutory rights to initiate chargebacks or payment disputes under applicable payment services legislation or card scheme rules.
6. Where the Contractor refuses, limits or withholds a refund under this Clause 10, the Contractor shall notify the Customer of the decision and provide a brief statement of the principal reasons for such decision, to the extent that disclosure does not compromise any ongoing investigation, legal proceedings, security measures or the Contractor's legitimate interests. For Consumers, this notification shall be provided on a durable medium within fourteen (14) calendar days of the refund request or, where an investigation is ongoing, within fourteen (14) calendar days of the conclusion of the investigation.
Refund Processing Time
1. The Contractor shall process refunds without undue delay, subject to the provisions of this Refund Policy.
2. For Consumers exercising the statutory right of withdrawal, refunds shall be made no later than fourteen (14) calendar days from the date on which the Contractor is informed of the Consumer's decision to withdraw, as further described in Clause 3.1 of this Refund Policy, unless the refund is lawfully suspended or withheld under Clause 7.4, 10.2(c) or 10.5.
3. For all other refunds (including contractual or discretionary refunds for Business Customers), the Contractor will normally process the refund within fourteen (14) calendar days from the date on which the refund has been approved by the Contractor, subject to the Customer's compliance with any verification or information requests.
4. Once the Contractor has initiated the refund in accordance with this Refund Policy, the actual time for the refunded amount to appear in the Customer's account may vary depending on the payment method and the policies of the Customer's bank or payment service provider. The Contractor is not responsible for delays caused by third-party financial institutions or payment processors that are outside the Contractor's reasonable control, provided that the Contractor has initiated the refund within the applicable time limits set out in this Refund Policy.
Amendments to this Refund Policy
1. The Contractor may amend, modify or update this Refund Policy from time to time in accordance with Clause 2.11 of the Agreement.
2. The current version of this Refund Policy is published on the Website and replaces all previous versions as from the date of its publication, without prejudice to any refund rights or obligations that have already accrued prior to the effective date of the amended version.
3. Material changes to this Refund Policy that may adversely affect the rights of Customers shall be notified to Customers in advance on a durable medium (for example, via email or through a notice in the Client Area) at least thirty (30) calendar days before they come into effect. The date of the last modification shall be indicated at the top of this Refund Policy.
4. If the Customer does not agree with the amended terms, the Customer may terminate the Agreement and the affected Services before the effective date of the changes, in accordance with Section 3 of the Terms and Conditions and Clause 7 of the Agreement.
5. For Consumers, changes to this Refund Policy shall not affect:
  - refund rights that have already accrued before the effective date of the change;
  - the statutory right of withdrawal in respect of Orders placed before the effective date of the change; or
  - any mandatory statutory rights that cannot be limited or excluded by contract.
6. Continued use of the Services after the effective date of the changes shall constitute acceptance of the amended Refund Policy by the Customer.