Legal & policies
Terms of Service
These terms refer to FIRST SERVER. The legal entity, registered address and contact details are published in our Legal Notice. You can contact us through the Contact Us page.
1. Scope and formation of the contract
These terms cover our website and hosting, virtual server, dedicated server and related infrastructure services. Browsing the website alone does not create a paid contract. A contract is formed when an order or separate service agreement is accepted. The order must identify the service, price and taxes, billing period, duration, renewal, cancellation arrangements and any service-specific commitments.
The Acceptable Use & Abuse Policy, Cancellation & Refund Policy Sanctions Policy and SLA form part of the agreed terms when incorporated into the order. The DPA applies where incorporated and FIRST SERVER processes personal data on the customer's behalf. Mandatory law prevails; the DPA takes precedence for data protection, and expressly agreed service-specific terms prevail over general terms.
2. Accurate information and account security
You must provide complete, accurate and current identity, contact and billing information, have authority to act for the customer, and promptly update changes. You must not use false identities or conceal the actual contracting party. Reasonable verification may be required where proportionate and lawful. Failure to provide necessary accurate information may prevent activation or justify proportionate suspension.
You are responsible for protecting credentials, authorising account users, securing your applications and promptly reporting suspected compromise. You are responsible for your content, workloads and use of the services, including use by persons you authorise. Responsibility for unauthorised use is assessed under applicable law and the facts; this clause does not transfer FIRST SERVER's own legal responsibilities to you.
3. Lawful use and cooperation
You must have the rights and legal bases needed for your content and personal-data processing, comply with applicable law and our acceptable-use rules, and cooperate reasonably with lawful investigations and proportionate abuse remediation. You must maintain backups unless a specific backup service has been agreed. The prohibition of unlawful activity also applies to attacks, spam, malware and misuse of third-party rights originating from your services.
4. Third-party claims caused by customer conduct
For business customers, to the extent permitted by law, you must indemnify FIRST SERVER for documented, reasonable direct losses, legally recoverable third-party liabilities and reasonable external legal costs caused by your unlawful use, infringement of third-party rights, materially false information or culpable breach of the agreement. Regulatory fines are included only where recovery from you is legally permitted and attributable to your conduct. There is no automatic liability merely because a complaint is received.
FIRST SERVER must notify you promptly where lawful, provide reasonable information, allow reasonable participation in the defence and mitigate losses. No settlement imposing obligations on you may be concluded without your consent, not to be unreasonably withheld. This obligation excludes losses caused by FIRST SERVER's own breach, negligence or unlawful conduct. Consumers are liable only to the extent provided by applicable law; no blanket business indemnity is imposed on them.
5. Payments, changes and suspension
Fees and due dates are specified in the accepted order. Price changes and renewals must follow the agreed terms and required notice. Website publication alone does not retroactively change an existing contract. Suspension or termination may be justified by a material breach, overdue payment, an urgent security threat or a binding legal requirement. Where practicable and lawful, we will provide reasons and an opportunity to remedy; urgent measures may be taken first. See the applicable policies for complaints and cancellation.
5A. Sanctions and restricted-country eligibility
Our Sanctions Policy excludes customers ordinarily resident in, incorporated in, or operating the contracting business from Iran, North Korea, Cuba, Somalia and Yemen, and from Crimea and Sevastopol, the non-government-controlled areas of Donetsk and Luhansk in Ukraine, and Abkhazia in Georgia, as a commercial eligibility rule subject to mandatory EU and Spanish law, including the EU Blocking Statute. Russia and Belarus are not subject to a blanket country exclusion under this policy. Applicable sanctions also restrict designated persons, prohibited beneficiaries and transactions in other locations. Nationality alone is not the basis of the country rule.
We may suspend service at any time, without advance notice where reasonably necessary, on credible grounds of a sanctions or eligibility breach, and terminate when ineligibility or a material breach is substantiated. We may act immediately where continued provision is unlawful. False or concealed residence, ownership or beneficiary information is a material breach. Where lawful and practicable, we will explain the restriction and consider evidence correcting a mistake.
For business customers terminated for their material breach, no discretionary refund or credit is offered to the extent permitted by law. Mandatory repayments and consumer rights remain protected. An unconfirmed suspicion, a new company policy or a mistaken match does not alone permit forfeiture. Legally blocked funds are handled under applicable sanctions requirements and are not automatically company revenue. See the Sanctions Policy and Cancellation & Refund Policy for the full rules.
6. Service limitations and liability
Services are supplied on an “as is” and “as available” basis, subject to express agreed specifications and mandatory law. No uninterrupted, error-free or universally suitable service is promised. Additional availability or backup commitments must be expressly agreed.
For business customers, to the fullest extent permitted by law and unless a signed agreement expressly provides otherwise, FIRST SERVER's aggregate liability arising from or connected with the affected service, whether in contract, tort or otherwise, is limited to one month's recurring fee for that affected service at the rate applicable immediately before the event giving rise to the claim. Annual or other multi-month fees are divided by the number of months covered. Related events are treated as one claim. This cap applies to damages, not to repayment of amounts that must be returned by law.
For business customers and to the extent permitted by law, FIRST SERVER excludes liability for indirect or consequential loss, loss of profits, revenue, business opportunities, goodwill, and loss or corruption of data. These exclusions do not remove express contractual obligations or any non-excludable duty.
Mandatory protections: nothing in these documents limits liability for fraud or wilful misconduct, death or personal injury where exclusion is prohibited, or any liability or remedy that cannot lawfully be excluded or limited. Mandatory consumer rights, data subjects' GDPR rights and regulatory powers remain unaffected. If a provision is prohibited or unfair under applicable law, it does not apply to that extent.
7. Governing law and complaints
Spanish law applies, without depriving consumers of mandatory protections in their country of habitual residence where applicable. Jurisdiction follows applicable law, including consumer jurisdiction rules. Send complaints through our contact details, identifying the service, relevant dates and requested resolution. Updated website terms apply only in accordance with the contract and applicable notice and acceptance requirements.