Servers NV Ltd | ToS & AUP
Virtual Private Servers are offered on a self managed basis. If you require support please use our ticket system through your user control panel. We do not promise
to provide 24/7 support for customer queries but will endeavour to reply to all tickets during the working hours of 10.30am to 20.30pm Mon Fri GMT +0. As a reminder, your service is self managed then the responsibility for management of your service is your own, with all the VPS packages we offer a free offsite backup space, so your data is your responsibility as well. Support tickets for issues outside your control such as network related, node problems or if your service becomes unavailable will still be given high priority. If you make your service unavailable through your own actions and require intervention by Servers NV Ltd then we will charge an invoice for the support.
Major Hardware Faults - Any event which effects the Node Server or Server Failure will be responded to immediately once Servers NV Ltd become aware of such event. Upon discovery an engineer will be assigned to deal with the fault within 15 mins 24/7. Servers NV Ltd will inform all clients of the progress of any such event on a regular basis during the repair process using the Announcements section. .
Terms of Service
Meaning of words:
- “Provider” means Servers NV Ltd. Registered Office: 145-157 St. John Street, London EC1V 4PW. Company Reg No: 09023246. [email protected]
- “Customer” means you, an individual, business, partnership or Company whom is jointly and severally responsible to be bound by this agreement.
- “Agreement” means an Order (incorporating the Terms and Conditions and the Acceptable Use Policy) duly executed by both the Provider and the Customer.
- “Acceptable Use Policy (AUP)” means the terms, which the Services are permitted for use.
- “Service or Services” means the provision of the hosting described in the Order.
- “Order” means an order provided by Servers NV Ltdto the Customer setting out the Fee. and Services to be provided subject to the Terms and Conditions.
- “Term” means the period commencing on the Commencement Date and terminating in accordance with the 48-hour notice period.
- “Working Day” means a day (other than Saturday, Sunday or holiday scheduled by law) on which banks are generally open for business in the City of London.
- “Working Hours” means between 10:30 and 20:30 on any Working Day.
- “Fee” means the fees payable by the Customer to Servers NV Ltd as set out in the Order.
- “Fair Usage Policy” means published terms, which the Services are limited for use.
- “Force Majeure” means in relation to either party, any circumstances arising from any acts, omissions or happenings beyond the reasonable control of that party (including without limitation, fire, flood, or any natural disaster, war, strike, lock out or other form of industrial or political action)
- “Account” means the facilities offered to the Customer, which are accessed by means of their Account Number.
- “Account Number” means the unique reference number specified in an Order assigned to each Customer.
- “Intellectual Property Rights” means intellectual property rights anywhere in the world arising whether registered or unregistered, including copyright, know-how, confidential information, trade secrets, business name and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights and database rights.
- “Traffic” means Data transmitted over a network either inbound or outbound.
- “Data” means any network Traffic including file, email, database, voice, video, music, applications, P2P and any other transfer protocol.
- “Traffic Usage” means the amount of Data transferred within any one month of Service.
- “Bandwidth” means the rate of data transfer, bit rate or throughput, measured in bits per second (bps)
- “Unscheduled or Emergency Maintenance” means all repairs, upgrades, maintenance or tests involving the Data Centre or the Equipment which are not scheduled or about which the Customer has not received prior notification.
- “Planned Outage” means a temporary Connectivity interruption where the date, time and duration has been notified to the Customer.
- “Power Cycle” means to remove and then replace the power lead to the Equipment to enable the Equipment to restart.
- “Cores” means the number of physical processing units within a CPU.
- “CPU” means Central Processing Unit.
- “Managed Hosting Package” means the Service is supported by the Provider, the level of cover will be determined at the time the order is submitted.
- “VPS” means Virtual Private Server.
- “Self Managed” means the Customer is responsible for management of services is their own.
The Provider Shall:
- Attempt to provide the services 24 hours a day, 7 days a week. Occasionally, for a number of reasons, the services may be unavailable to you due to unscheduled or emergency maintenance. The Customer must recognise and acknowledge that occasional unavailability of the services cannot be avoided. Causes beyond our control like power failures, interruption within telecommunication or digital transmission links and hostile network attacks may interrupt the Service.
Network Outage caused by Denial of Service (DDoS) Attacks and/or other unlawful activity are deemed beyond our control. We do not provide DDoS protected hosting and will not harbor sites, which are considered ‘DDoS magnets’. We cannot promise to provide you with uninterrupted service but guarantee a 99.9% uptime. Downtime due to Hardware faults will not be counted towards total uptime.
- Attempt to respond to all support queries within a timely fashion during working hours. Servers NV Ltd will not use any Customer details for unsolicited marketing or pass their details to any third party. We may occasionally contact the Customer with information or special offers, which Servers NV Ltd may deem as beneficial or interest to that Customer.
- Not store any credit or debit card information directly.
- Inform the Customer of any Planned Outage.
- Provide Customers with login credentials and IP addresses for the Services they have paid for in their order.
- Through our Data Centre; provide:
- Continuous environmental monitoring of the Data Centre to ensure the average temperature in any five minute interval is maintained at no more than 24°C.
- UPS protected power to Customer Equipment guaranteed availability of 100.00% on a monthly basis
- Automatic failover to a diesel backup generator in the event of a mains failure.
- Ensure supplied voltage is maintained at 230 Volts (+/- 5 Volts)
- Operate a VESDA smoke detection system.
- Operate a FM200 gas fire suppression system.
- Provide a 7 day Money-back Guarantee – If the Customer is unhappy with the Service then we offer a no-fuss money-back guarantee. Please note that this excludes the cost of any domain names you have purchased, which you will still own or any custom VPS. Any Customer of which Service has been terminated due to ABUSE will not be liable for a refund under these terms.
- Not be held liable for any data loss or any predicated estimate of profits that a client would have gained if their Service were interrupted outside of a planned outage.
- Not be held responsible for backing up the Customer’s Data.
- Reserve the right to amend any or all of the terms of service and acceptable use policy guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
The Customer Shall:
- Agree to pay for the Services on the due date and accept that if payment is not received within 24 hours after the due date their Services will be suspended. If payment is not received after 48 hours then Services may be permanently deactivated and all data will be irretrievable. If you have more than 1 service and any item on your account becomes overdue all of your services will be affected by suspension
- Refrain from any illegal activity including:
- Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified immediately.
- Store or Host Pirated Software, Warez, Torrents, Escrow or similar sites,High-Yield Interest Programs (HYIP) or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts,Proxy Scripts, Anonymisers or Run P2P daemons, RuneScape Bots.
- Any form of network flood, DOS, (DDoS) or network attack.
- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding or mail bombing. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
- Any other activities, whether lawful or unlawful, that Servers NV Ltd determines to be harmful to its subscribers, operations, reputation and goodwill or customer relations.
- Provision of internet access, VPN or tunnelling of traffic from unidentified users, or in a manner which user details cannot be disclosed including TOR Relays.
- Provide 48 hours notice for the cancellation of any Services. We provide you with the means to cancel your service, please do not just let an invoice become so overdue that your service gets terminated, we retain your VPS offline and reserve resources in-case it was an oversight on your part, if you have no intention of renewing please cancel your service as these resources while retained are unavailable to other users and you will not be able to take any future service until and old outstanding balances have been paid.
- Manage any VPS entirely on their own without the support of Servers NV Ltd unless the order includes a managed hosting package.
- Agrees to provide proof of identity if deemed necessary by Servers NV Ltd and also confirm they are over 18 year old or can provide confirmation from a parent or legal guardian who will accept to be bound by the Terms of Service and Acceptable use Policy.
- Takes full responsibility for securing their account credentials and in the event of any breach agree to notify Servers NV Ltd immediately.
- Acknowledges no right, title, or interest in the IP address allocated to the Customer.
- Agrees that the Guaranteed Uptime does not cover downtime due to mistakes on the Customer’s behalf or due to their account being suspended.
Limitation of Liability
- Except as expressly stated in the Terms and Conditions, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
- Subject to the provisions below, Servers NV Ltd will not be liable to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any of the following losses or damages, whether direct or indirect, arising out of, or in connection with, the supply, non supply or delay in supplying the Services or in connection with the Agreement:
- Loss or damage incurred by the Customer as a result of third party claims;
- Loss of actual or anticipated profits;
- Loss of business opportunity;
- Loss of anticipated savings;
- Loss of goodwill;
- Injury to reputation; or
- Any indirect, special or consequential loss or damage howsoever caused even if Servers NV Ltd was advised of the possibility of them in advance.
- If suspension of the Services arises out of, or in connection with, an act or omission of the Customer, then the Customer will pay to Servers NV Ltd all reasonable costs incurred in reconnecting the Services.
- Neither party will be in breach of any obligation under the Agreement if it is unable to perform that obligation in whole or in part by reason of a Force Majeure Event.
- If either party seeks to rely on this Clause, it will immediately give notice to the other with full particulars of the act or matter claimed as a Force Majeure Event. The parties so affected will take all reasonable steps to mitigate the failure to perform and to keep the other party informed of the steps being taken to mitigate the effects of the Force Majeure Event.
Governing Law and Jurisdiction
- The Agreement will be governed by and interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Acceptable Use Policy(AUP)
Bandwidth Fair Usage
Each VPS is allocated a substantial amount of bandwidth for use on a monthly basis. It is the Customers responsibility not to exceed this limit or otherwise upgrade their VPS Service. Any Customer that abuses this allocation can be suspended if persistently exceeding their allowance.
To not use more than 75% of any single core for over 24 hours which prevents people using daemons/scripts/services that eat CPU time 24×7. If CPU usage is in breach of this agreement then the clients server will be restricted to a single core or may be terminated without proper immediate resolution from the client. Servers NV Ltd reserve the right to shut down any server to reallocate resources due to abuse.
If your service is self-managed then the responsibility for management of your service is your own, support tickets for issues outside your control such as network related problems or if your service becomes unavailable will still be given high priority. If you make your service unavailable through your own actions intentional or not and require support then a charge may be made in line Managed Service Package fees.
Spamming (Zero Tolerance Spam Policy)
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing and spam. Any Customer who sends out spam will have their account suspended or terminated with or without notice. Sending unsolicited bulk and or commercial information over the Internet is harmful because of its negative impact on consumer attitudes toward Servers NV Ltd, but also because it can overload the network and disrupt service to other Customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Servers NV Ltd will investigate and shutdown the account that is SPAMing if necessary.
You have not to use weak passwords for any services running on standard ports. In the case that your server is compromised as a result of a weak password your service will be suspended without warning. A considered acceptable password must contain at least one special character, one Upper case letter, one lower case letter and number. (Ex. [email protected]$sW0rd)
Audio/Video Streaming is not hosting friendly. As such, Servers NV Ltd reserves the right to limit bandwidth throughput to 20 mbit on any VPS which streaming of audio or video content that is causing impact to other customers.
Servers NV Ltd reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Crypto Currency Mining
Servers NV Ltd do not allow Crypto Currency mining on any VPS package.
VPS Purpose of use
Servers NV Ltd acknowledge that many of its Customers are themselves providers of Internet services. The customer is required to ensure its subscribers adhere to the AUP of the Provider. Servers NV Ltd reserves the right to directly take action against a Customer or its subscribers who are in breach of the Terms of Service or AUP. Furthermore Servers NV Ltd anticipates that Customers who offer Internet services will cooperate with the Provider in any corrective or preventive action that Servers NV Ltd deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of this policy.
The Customer agrees to provide any software licenses necessary for the software or operating systems installed on their VPS unless provided by Servers NV Ltd. Servers NV Ltd provides a 180 days trial for all the Windows VPS Packages. The customer must provide their own license after this period.
The Provider does not make any backups of the Customers data. It remains the Customer’s responsibility to backup their own data. The Provider does not accept any liability for Customer data whatsoever. This includes the event of any hardware failure.
At our discretion, systems usage may be monitored if we suspect abuse of Service. During usage monitoring, information may be examined, recorded, copied and used for authorised purposes.
However, any material that, in our judgment, could be considered illegal violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. It is the Customers responsibility to respond to abuse issues within 24 hours. Failure to respond may result in termination of Service without further notice.
If you have set up a paypal subscription this is your responsibility to maintain, and over payments due to subscriptions cannot be refunded and will be held in credit. Any eligible refunds are minus 10% or £1 (which ever is greater) administration fee’s
Loss of Web Hosing Facility
This condition is only applicable if Servers NV Ltd provide the hosting facilities.
Website deletion, corruption, hacking, virus or any activity causing the site to become unavailable: Servers NV Ltd will not be held responsible for backing up the Clients website or any databases. In the event of such failure the Client is responsible for backup and reinstatement of the website and any database.
Servers NV Ltd allows adult content that is deemed legal in the Country and state your Services are located in, however we reserve the right to request and or remove any content it deems illegal or offence. Make available child pornography or obscene speech or material is prohibited. Servers NV Ltd is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
This Agreement shall be governed by the Laws of England and both parties shall agree to accept the jurisdiction of the English Law Courts.
The terms and conditions of this Agreement shall prevail in the event that there is any variance with the terms and conditions of any order submitted by the Customer for the Service of the equipment.
Either party may only assign or transfer this Agreement to a third party upon prior written agreement between the parties.