VPS/VDS Optional Extras Terms and Conditions

  1. General Terms

    1.1.       These Terms and Conditions relate only to your use of the optional extras available for Virtual Private servers and Virtual Dedicated Servers.

    1.2.       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.

    1.3.       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.

    1.4.       Optional Extra 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.

    1.5.       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.

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

    1.7.       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 1.7.

    1.8.       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. 

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

    2.    Additional Server Resources

    2.1        Additional server resources can be purchased for your server in the form of disk space, memory (RAM) or International bandwidth.

    2.2        Additional server resources may only be added to the highest available service plan.  Any requirement for additional resources on the lower service plans should be met by upgrading to a higher service plan.

    2.3        Freeparking will endeavour to Provision your additional resources in a timely manner, but makes no guarantee as to Provisioning time.

    2.4        Freeparking reserves the right to limit the amount of additional server resources available for you to add to your server.

    2.5        Additional disk space can be purchased in multiples of 5GB, additional memory can be purchased in multiples of 512MB and additional International bandwidth can be purchased in multiples of 1GB at the then-current prices listed on the Freeparking website.

    2.6        You will be invoiced at the time the order for additional resource is processed and the cost will be prorated for the number of days remaining until the billing anniversary date for your VPS or dedicated server.  Charges for each period following the initial period will be billed in advance. 

    3.   Third Party Software

    3.1        You can subscribe on a monthly rental basis to lease a range of software for use in your Virtual Private Server or Dedicated server.

    3.2        A minimum term of 12 months applies to the lease of Parallels Plesk Panel and cPanel/WHM VPS Optimized2 software.

    3.3        The ISPConfig control panel is open source software provided under the terms of the BSD License.

    3.4        If you order cPanel/WHM control panel software you agree to be bound by the cPanel & WebHost Manager End User License Agreement which can be viewedhere.

    3.5        If you order Parallels Plesk Panel software you agree to be bound by the Parallels End-User License Agreement which can be viewedhere.

    3.6        Prior to leasing any Microsoft Software you must read and accept the Microsoft End User License Terms, which are availablehere.

    3.7        You will be responsible for the installation, configuration and maintenance of all third party software unless you have a prior arrangement with Freeparking.

    3.8        You agree to install all updates and security patches required to maintain the integrity and security of your third party software.

    3.9        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.

    4.   Advanced Server Monitoring

    4.1        Virtual Private Servers and Dedicated 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 and Dedicated Servers. 

    4.2        If you purchase the Advanced Monitoring service for any 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.

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

    5.  Backup

    5.1        The Backup service provided by Freeparking includes a daily backup of your Server and restoration of your Server in the event of data loss or corruption due to server failure.  

    5.2        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.

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

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

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

    5.6        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. 

    6.           Professional Services

    6.1        Freeparking may carry out work that is not included with the standard scope of support services and any such work will incur Professional Services fees.  

    6.2        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 websitehere.

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

    7.           Miscellaneous

    7.1        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.

    7.2        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.

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

    7.4        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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