Managed VPS Terms and Conditions

These terms are in addition to the Freeparking Web Hosting Terms and Conditions.

1.    Definitions

The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires;

"Client", "Customer(s)", and "You" and "Your"

    means the party or parties who enter into this agreement with Freeparking;

"Freeparking", "Freeparking.co.nz", "us", "we" and "our"

    means Umbrellar Limited trading as Freeparking;

"Backup"

    means storage provided for backup data on a disk-based onsite backup device.

"Professional Services"

    means any procedures carried out by Freeparking at the customer's request which are outside the scope of standard support and for which a charge will apply.

"Provision"

    means for us to commission the server in the datacentre, connect to network and power, install the agreed operating system and management software (if any), and issue you with access details.

"Server"

    means a virtual machine operated by Freeparking or its parent company and provided for the use of the customer so long as this agreement is active;

"Service"

    means the setup, configuration, monitoring, backup and overall maintenance of the virtual server, performed by Freeparking.

2.   General Terms

2.1.       These Terms and Conditions relate only to your use of the Services.

2.2.       Freeparking reserves the right to modify, enhance and withdraw all or part of the Service and alter these Terms and Conditions. Freeparking will notify you of any change to these Terms and Conditions by posting the new Terms and Conditions on its website.  Continued use of the Service constitutes your acceptance of the new Terms & Conditions.

2.3.       Any changes to the price and description of the Service on Freeparking's website subsequent to the purchase of your Service will not apply to your Service.

2.4.       Managed VPS services will automatically renew until cancelled by either Freeparking or you. Service can be cancelled by either party with one month’s notice in writing.

2.5.       Services will be charged on a monthly, annual or two-yearly basis as agreed by you and us and you will pay the applicable Service fee, without deduction or set off, in accordance with our invoice terms.  Should you fail to pay any service charges when due Freeparking may suspend or terminate the Service.

2.6.       Nothing in these Terms and Conditions transfers any right, title or interest in any intellectual property of a party to the other party. 

2.7.       Freeparking is not responsible for any of your data or material stored on your Server and you must ensure that you comply with all laws and regulations in making such data or material available.  You will reimburse Freeparking for any cost, loss, damage or claim incurred by Freeparking as a result of your breach of this section 2.7.

2.8.       To the extent that Freeparking is unable to provide the Services as a result of an event beyond its reasonable control including, but not limited to, fire, flood, electricity outage, network issues or unplanned maintenance (a “Force Majeure Event”), then Freeparking will not be liable for such failure and you will not be entitled to any credit for any lack of availability during the Force Majeure Event. 

2.9.       To the extent permitted by law, Freeparking disclaims all warranties, conditions or representations implied by law or custom. 

3.    Managed VPS Setup

3.1        Freeparking will endeavour to Provision your Service in a timely manner, but makes no guarantee as to Provisioning time.

3.2        The Managed VPS Service can be provided with any existing VPS service on the current OpenVZ platform or it can be purchased along with a new VPS service.

3.3        The Managed VPS service is not available to older Virtual Private Servers on the Xen platform.

3.4        Root access to the Server is not provided to you.  Freeparking will install software and Server management by way of control panel.

3.5        Freeparking will provide simple CGI Scripting for up to 2 hours one-off as part of the Managed VPS service setup.  What constitutes ‘simple’ CGI scripting will be determined at Freeparking’s sole discretion.  Any additional or complex scripting you require will incur Professional Services fees at the then-current rate.  An estimate of cost can be provided prior to commencement of any work.

3.6        Freeparking will not be responsible for migration of any data, system or application to your VPS, nor uploading or downloading of any website content or other files to or from the Server.

4.   Operating System and Control Panel Software

4.1        The Managed VPS service is available for Virtual Private Servers installed with the following Linux Operating Systems only:

    -      Debian 5 or 6

    -      CentOS 6 or 7

4.2        Virtual Private Servers can be managed using the SolusVM control panel.  This allows you to boot, reboot, shutdown and reinstall the operating system on your VPS machine.  If you choose to reinstall the operating system you accept responsibility for any loss of data and any Professional Services costs necessary for Freeparking to return your Server to its original state.

4.3        To qualify for the Managed VPS Service a control panel must be installed for management of users, site setup and configuration.  Supported control panels include cPanel, Plesk, ISPConfig or similar software deemed acceptable at the sole discretion of Freeparking.

4.4        Freeparking will apply security patches and software updates to your Server’s operating system and control panel on a day nominated by us each month.  All software releases made during the previous  calendar month will be installed on that day.

4.5        If you choose the cPanel control panel software, VPS disk space will be increased to support this at no additional charge.

4.6        Operating system troubleshooting is done on a reactive basis (when we are informed) and not on a proactive basic (where we automatically check).

4.7        Freeparking will not be responsible for damages or issues arising from the following such activities; upgrading kernel, Operating System and external software like firewalls and anti-virus.

5.    Other Software

5.1.       Freeparking will install and configure software supported by the offered control panels and acceptable to Freeparking at our sole discretion.  You must provide instructions to Freeparking for your configuration requirements.

5.2.       Installation, configuration and maintenance of third party software will be provided on a best efforts basis. 

5.3.       Freeparking will provide upgrades or service patch updates for the following supported third party software:

-      Apache

-      MySQL

-      PHP

-      Perl

-      Python       

5.4.       Freeparking will not be responsible for any issues, losses or damages which might occur directly or indirectly as a result of using third party software.  

5.5.       Troubleshooting of third party software is not included in the Managed VPS Service.  Freeparking can attempt to troubleshoot and resolve problems and such work will incur Professional Services fees at the then-current rate and we will not be responsible for final resolution of such issues.

6.    Advanced Server Monitoring

6.1.       Virtual Private Servers will be monitored for host down alerts 24 x 7 and will be rebooted by the data centre staff should this alert arise.  This is a core Service provided free with all VPS. 

6.2.       For any Managed Virtual Server Freeparking will also provide monitoring on HTTP, SMTP, FTP, POP, MySQL, Cron and Sendmail Services.  Should any of these Services fail, Freeparking will log into the Server and restart the Service.

6.3.       Freeparking will attempt to monitor any additional services on your request, however we cannot guarantee that monitoring of every service will be possible.

7.   Backup

7.1.       If you are currently paying for FTP Backup Service, billing for this will be discontinued if you purchase a Managed VPS Service.

7.2.       The Managed VPS service Includes daily backup of your Server and restoration of your Server in the event of data loss or corruption due to server failure.  

7.3.       A Server or file restoration from Backup completed at your request will be provided up to two times per month.  Recovery of data from any form of Backup that is required once the two free restorations have been performed will be charged as Professional Services at the then-current rate.

7.4.       Freeparking makes no guarantee than any individual Backup attempt will succeed, nor that any restoration attempt will succeed.

7.5.       Freeparking makes no guarantee regarding the performance or uptime of the Backup server.

7.6.       Freeparking reserves the right to vary the time of Backup processes for operational purposes.

7.7.       You are responsible for any material or data stored on our Servers. We shall not be held responsible for any loss or damage of this material, however that loss or damage may be caused.

8.   Support and Service Levels

8.1.       If your Server is not accessible due to an unscheduled outage of our network or hardware we will credit your account with up to 100% of that month’s fees.  To claim a credit emailsupport@freeparking.co.nzwith the date and time of the outage and if our Server monitoring systems confirm the outage we will credit your account:

-      100% - 99.9% uptime - no credit

-      99.9% - 98% uptime – 5% credit

-      98% - 95% uptime – 20% credit

-      95% - 90% uptime – 100% credit

8.2.       The Freeparking Technical and Customer Support team are available via email from 8.00am to 8.00pm, 7 days per week, and 365 days per year.  Phone Support is provided from 8.00am to 5.30pm Monday to Friday and 10.00am – 2.00pm Saturday.  Outside of these hours Servers are monitored by ICONZ data centre staff.  Freeparking will use best endeavours to respond immediately to phone enquiries and within 4 hours for email enquiries but Freeparking will not be liable for any failure to meet these response times.  

8.3.       Freeparking's liability for failure to meet 100% of uptime in any one month is limited to a maximum of one month's fee for the affected services as specified in section 8.1 above.

8.4.       Subject to sections 8.1 and 8.3, Freeparking shall not be responsible for any loss, damage, cost, claim or other liability, however caused, resulting directly or indirectly from or in connection with any suspension or unavailability of your Service or failure to perform a Service.

9.    Professional Services

9.1.       Freeparking may carry out work that is not included with the Managed VPS Service and any such work will incur Professional Services fees.  

9.2.       Professional Services fees will be charged based on the actual amount of time required to complete the scope of work, subject to a minimum charge of one hour during business hours (at standard rate) and one hour after hours (at after-hours rate).  Current rates can be found on our website athttps://www.freeparking.co.nz/web-hosting/virtual-private-servers/

9.3.       You will pay for any Professional Services fees incurred in accordance with the terms of our invoice.

10.  Miscellaneous

10.1.    These Terms & Conditions become effective on the date of your order being submitted to us for the Service and you will be bound by these Terms & Conditions from the date of your order.

10.2.    This agreement shall supersede all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of these Terms & Conditions.

10.3.    No failure of Freeparking to exercise any right or remedy will constitute a waiver by Freeparking of that right or remedy. 

10.4.    These Terms & Conditions are governed by New Zealand law and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

 

These Terms & Conditions were last updated on 23 September 2015.


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