Virtual Private Server (VPS) - Terms & 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.  All terms defined in the Web Hosting Terms and Conditions shall have the same meaning in this document unless redefined below. 

"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 on-site backup device. 

“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.

“Provision” means for us to configure the virtual server on a physical server installed in the Data Centre, and to install the Virtual Private Server's operating system and management software (if any), and issue you with access details.

“Server" means a server operating system functioning within a virtualisation environment alongside other virtual servers on a physical server (a 'Virtual Private Server') operated by Freeparking, or its parent company, including subsidiary companies. 

“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.

“Service” means the provision of the Server with the specifications defined on the application form, including operating system, network traffic quota, and any server software management licence selected.

"Freeparking", "us", "we" and "our" means Freeparking Limited.

2.  General Terms

2.1  The Terms and Conditions set out in this document relate only to your use of the Virtual Private Server provided by Freeparking.

2.2  Freeparking will endeavour to provision your Server in a timely manner, but makes no guarantees as to availability of hardware or provisioning time.

2.3  Any changes to the price and description of hardware, software and/or other features of this Service 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.

2.4  Freeparking reserves the right to modify, enhance and withdraw all or part of the service and alter its Policies and these Terms & 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).

3.  Guarantee Period

3.1  The Guarantee Period is 30 days; you may cancel this agreement for any reason by notice in writing during the first thirty days of its operation. 

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 any Managed Service fees or third party license, software or non-refundable costs incurred to us by providing this service. 

4.  Term of Agreement 

4.1  There is no fixed term agreement for provision of a virtual private server.

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  The only acceptable methods of payment for Freeparking Virtual Private Servers and Dedicated Servers are cash, direct credit and credit card.

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.   Customers are responsible for scheduling, testing, restoring, performing and ensuring the security of backups. 

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 makes no guarantee regarding the performance or uptime of the backup server.

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

(d)   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.

(e)   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 virtual machine (if required) and reinstallation of the operating system and server management software (if any) provided by Freeparking.

5.4  Recovery of data from any form of backup is billed as labour, at $130 + GST per hour.

6.  Server Administration and Maintenance

6.1  Servers are not patched or updated by Freeparking unless the customer purchases the 'Managed VPS' service which incurs additional charges.  The Customer accepts complete responsibility for patching the operating system for vulnerabilities on a regular basis and for the general security and reliability of the server. 

6.2  The customer is responsible for all server administration tasks such as maintaining web server services, configuring components or software and troubleshooting issues.

6.3  Where the customer has not opted for Full Server Monitoring, Freeparking shall monitor the server for ‘ping’ only.  Monitoring of all other services shall be the responsibility of the customer.

7.  Service Levels

7.1  Freeparking undertakes to make every reasonable effort to maintain Server Uptime of 99.9% assessed over a minimum period of one month. Server uptime is defined as the percentage of time the Virtual Server is running and capable of responding via it's Ethernet port, excluding any scheduled downtime, whether notified or not.

7.2  Freeparking undertakes to make every reasonable effort to maintain Network Uptime of 99.9% assessed over a minimum period of one month. Network uptime is defined as the percentage of time there is a route to the Virtual Server from the backbone connection point, excluding any downtime whether notified or not. Network uptime specifically excludes connectivity from the backbone connection point to any arbitrary point on the Internet.

7.3  Notwithstanding the earlier limitations as to liability contained in section 9 of the Web Hosting Terms and Conditions, 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 Services.

7.4  In all cases Server Uptime and Network Uptime shall be subject to any event of Force Majeure.

8.  Preventative Maintenance Downtime Notice

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

8.2  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.

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

8.4  Notification will be by email to the address supplied to us for such purpose.

9.  System security

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

9.2  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. Freeparking shall not be under any obligation to check or take action in respect to any passwords.

9.3  Although we follow industry-standard security procedures, Freeparking makes no warranty as to the privacy or security of your data or email. 

9.4  This Agreement does not give you any right of access to the datacentre in which the Server is located.

10.  Miscellaneous

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

10.2    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.

Last updated: 23 September 2015