Virtual Dedicated Server (VDS) Terms and Conditions

This page is important. It gives you, as the customer, a summary of your rights and responsibilities and requires you to formally agree to them before your application proceeds further. By proceeding further you agree to these 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;

"Backbone connection point"

means the nearest network node to the datacentre in which the server is housed which is an Internet peering exchange. For servers hosted in the ICONZ data centre, this is defined as the Auckland Peering Exchange.

"Backup"

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

"Managed 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 exclusive use of the customer so long as this agreement is active;

"Service"

means the lease of the virtual machine, data communications, power and air conditioning, operating system, network traffic quota and any server management software.

 

2.         General Terms

2.1       The Terms and Conditions set out on this page relate only to your use of the virtual dedicated server provided by Freeparking.

2.2       You must notify Freeparking whenever any of your contact details change, by updating those details using the secure account portal provided for that purpose on the Freeparking website.

Without limiting the indemnity and liability provisions below Freeparking will not be responsible in any way for any losses, damages, costs or expenses as a result of your failure to comply with this clause.

2.3       By accepting these terms and conditions you agree to abide by Freeparking's Acceptable Use Policy together with such modifications and updates to it as may be issued by Freeparking from time to time. Failure to follow such policies may result in individual sites or the entire server being immediately suspended without prior notice until such time as your site(s) again comply with the policies.

2.4       Freeparking reserves the right to modify, enhance and withdraw all or part of the service and alter its Policies and these Terms and Conditions. In the event of any change Freeparking shall endeavour, except in cases of emergency, to notify you by email giving reasonable prior notice of the change(s).

2.5       Freeparking will endeavour to provision your server in a timely manner, but makes no guarantees as to provisioning time.

2.6       Any changes to the price and description of hardware and/or services on Freeparking's website subsequent to provisioning of your server will not apply to your server during the term of your agreement and may not be able to be provided on your server.

 

3.         Guarantee period

3.1       You may cancel this agreement for any reason by notice in writing during the first thirty days of its operation ("the guarantee period").

3.2       The guarantee period shall commence when we send the provisioning notification email containing initial access codes and passwords for your server.

3.3       Upon cancellation of the agreement within the guarantee period, Freeparking will refund all fees paid with the exception of a service fee of $99.00 + GST and any Managed Services fees, third party license, software or non-refundable costs incurred to us.

 

4.         Cancellation of agreement and suspension of service

4.1       There is no fixed term agreement for provision of a virtual dedicated server; however should you terminate the service within the first six (6) months Freeparking will invoice you for a service fee of $99.00 + GST.

4.2       Either party can give the other one month's notice of cancellation of the agreement. If the customer requests termination of the service with notice of less than one month, the full month's fee shall be payable.

4.3       If this agreement is cancelled and payment is on an annual basis, fees will be refunded for the number of months unused in accordance with the notice provisions above.

4.4       You acknowledge the right of Freeparking to cancel this agreement at any time upon a breach of these terms and conditions remaining un-remedied after 7 days notice in writing to your last known contact address. Any cancellation shall be subject to the provisions of clause 6 as to the exemption from liability that Freeparking has in such circumstances. Any cancellation shall be notified to you by email at your last notified email address.

4.5       If payment of annual or monthly fees is not received by 5 days after due date, your services will be automatically suspended.

4.6       In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with the service, your service will be automatically suspended.  A reinstatement fee of NZ$50 will apply.

 

5.         Backup

In the event that you have purchased backup space: 

5.1       Backup space is provided on the basis of storage space on the backup server only. Performance of backups is the customer's responsibility.

5.2       In the event that the customer has selected Server Management software provided by Freeparking and chooses to use the backup capability of that software:

(a)    Freeparking makes no guarantee than any individual backup attempt will succeed, nor that any restoration attempt will succeed.

(b)   Freeparking reserves the right to require the customer to vary the time of backup processes for operational purposes.

(c)    The backup image is intended to facilitate restoration of the full system from the backup image in the event of hard-drive failure or similar event.

(d)   A service charge will apply to requests to extract data from a backup image in any circumstance other than failure of the server.

5.3       Freeparking's responsibility in the event of server failure is limited to the provision of a replacement server (if required) and reinstallation of the operating system.

 

6.         Support and Service Levels

6.1       Server Uptime is defined as the percentage of time the server is running and capable of responding via its Ethernet port, excluding any scheduled downtime whether notified or not. Server uptime shall be assessed over a minimum period of one month. 

Freeparking undertakes to make every reasonable effort to maintain Server uptime of 99.9%.

6.2.     Network Uptime is defined as the percentage of time there is a route to the server from the backbone connection point , excluding any scheduled downtime whether notified or not. Network uptime specifically excludes connectivity from the backbone connection point to any arbitrary point on the Internet. Network Uptime shall be assessed over a minimum period of one month.

Freeparking undertakes to make every reasonable effort to maintain Network uptime of 99.9%.

6.3.     Notwithstanding the earlier limitations as to liability contained in section 6, in the event of any breach of the Service levels established by this section Freeparking's liability under this section shall be limited to a maximum of one month's fee for the affected Products and/or Services.

6.4.     In all cases server up time and network up time shall be subject to any event of Force Majeure.

6.5       Support provided with virtual dedicated servers is limited to server operations only. The Freeparking Technical and Customer Support team are available via email from 8.30am to 10.00pm, 7 days per week, and 365 days per year.  Phone Support is provided from 8.30am to 5.30pm Monday to Friday and 10.00am – 2.00pm Saturday.  Outside of these hours servers are monitored by ICONZ data centre staff.  Response times are generally immediate for phone enquiries and within 2 hours for email enquiries.  

6.6       Virtual Dedicated Servers will be monitored for host down alerts and will be rebooted by the data centre staff should this alert arise, this service is provided free of charge.  Freeparking can also provide monitoring on HTTP, SMTP, FTP, POP, MySQL, Cron and Sendmail – should these go down, Freeparking will log into the server and restart the service. This is a chargeable service and applicable fees are quoted on the Freeparking website.

 

7.         Preventative Maintenance Downtime Notice

7.1.     Preventative Maintenance means support required in the opinion of Freeparking to maintain the integrity of service.

7.2.     Freeparking shall endeavour to give notice of preventative maintenance as follows:

(a)    Planned, non-critical maintenance: 3 business days notice

(b)   Planned, critical maintenance: 24 hours notice

(c)    Emergency maintenance: Earliest possible opportunity, at our discretion

7.3.     Where possible we will undertake preventative maintenance at a time where effects on New Zealand-based users are minimised.

7.4.     Notification will be by email to the address supplied to us for such purpose, or, with prior agreement by SMS message to a mobile telephone number supplied to us for such purpose.

 

8.         System security

8.1       The customer is responsible for choosing adequately secure passwords and for maintaining the security of said passwords.

8.2       Freeparking reserves the right to use password strength analysis tools to determine the security of passwords on the server. Freeparking may change any password immediately should it be found to be inadequately secure for its purpose. Freeparking will notify the customer by email to the last known contact address in such an event.

 

9. Miscellaneous

9.1       This agreement shall become effective on the date of your order form been submitted to us for the said service.

9.2       You shall be deemed to have read this agreement and agree to be bound by this agreement. 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 this agreement.

 

This policy was last updated on 23 September 2015.


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