RentServersManaged GPU terms
Last updated October 17, 2026. These terms apply when you buy Managed GPU from Wells Software Consulting LLC ("we", "us"). They apply together with the order form you sign ("Order Form"). If the Order Form and these terms conflict, the Order Form wins. For referrals, where you contract with a provider directly, see our general terms.
1. What you're buying
We buy GPU capacity from a third-party provider (the "Provider") and resell it to you. The Order Form lists the hardware, quantity, location, term, start date, the Provider, and the price. The Provider operates the hardware and data center. Its acceptable use policy also applies to your use, and we'll send it to you with the Order Form.
2. Price
Our price is set by us and includes our margin. It can be higher than the Provider's own price. The Order Form shows two parts: a Management Fee for our sourcing, setup and account management, and a Capacity Fee for the GPU time.
3. Payment in advance
You pay the full amount on the Order Form before we reserve or provision capacity, by wire or ACH transfer unless we agree otherwise in writing. Prices are in US dollars. Capacity is not reserved until we receive cleared funds.
4. Taxes
Prices exclude taxes. You're responsible for any sales, use, lease or similar taxes on your purchase. Where we're required to collect a tax, we'll add it to your invoice.
Customers located in Chicago: the City of Chicago Personal Property Lease Transaction Tax applies to the use of remote computing, including cloud and GPU capacity, by customers whose business address is in Chicago. If we don't collect it on your invoice, you're responsible for paying it to the City yourself.
5. Term and renewal
Each Order Form runs for the term it states and ends on its own. It does not renew automatically. To continue, we sign a new Order Form.
6. Service levels and credits
Service levels follow the Provider's service level agreement for your capacity, which we'll share with you. If the capacity misses that service level, we'll give you service credits matching the credits the Provider's agreement allows for that miss.
- Credits apply to future capacity, replacement capacity or a renewal with us.
- Credits expire 12 months after they're issued, can't be transferred, and have no cash value.
- Service credits are your sole and exclusive remedy for unavailability, downtime or performance below the service level.
7. No refunds
Fees are non-refundable, except where section 8 or applicable law says otherwise. The Management Fee is earned when we accept your order. Capacity you don't use isn't refunded or credited.
8. If we can't deliver
If capacity isn't available within 10 business days after the start date on the Order Form, we'll offer you equivalent replacement capacity: the same or better GPU model and quantity, in the same region where possible. If you decline the replacement or we can't offer one, we'll issue a credit for the Capacity Fee of the undelivered capacity, which you can apply to a future order.
9. Your responsibilities
- Use the capacity lawfully and within the Provider's acceptable use policy.
- You confirm that you aren't on a U.S. sanctions or restricted-party list, aren't located in or acting for a country under comprehensive U.S. sanctions, and won't use the capacity for any end use prohibited by U.S. export control laws.
- Give us the identity and business information we or the Provider reasonably ask for to verify who you are.
- Keep your own backups. You're responsible for the software and data you run on the capacity.
10. Suspension
We or the Provider may suspend capacity if you breach section 9, if your use threatens the security or stability of the Provider's systems, or if the law requires it. We'll tell you why and restore service once the issue is fixed. Suspension for these reasons doesn't earn credits.
11. Your data
We don't access the data on your capacity. The Provider handles it under its own terms and deletes it at the end of the term according to its data deletion policy, which we'll share with you. Copy anything you need before the term ends.
12. Substitution
If the Provider stops supplying your capacity, we may move you to equivalent capacity from another provider. We'll give you notice first wherever we can.
13. Disclaimer
Apart from the service levels in section 6, the capacity is provided as is. We don't make other warranties, including warranties of merchantability or fitness for a particular purpose, to the extent the law allows.
14. Limit of liability
To the extent the law allows, our total liability under an Order Form is limited to the fees you paid under that Order Form in the 3 months before the claim. Neither of us is liable for indirect or consequential losses, lost profits or lost data.
15. Governing law
These terms are governed by the laws of the State of Illinois.