The Easy Green Hosting VPS Agreement governs the terms and conditions in which You (“Client”, “You” or “Your”) purchase a new VPS through Easy Green Hosting.
General VPS Terms and Conditions
1. Scope of the Agreement
1.1 This Agreement governs the provision of VPS services to You by Easy Green Hosting, in addition to certain maintenance relating to the same (the “Services”).
1.2 The Services consist of Easy Green Hosting making a partition on a commonly used server available to You with certain, limited server functions granted to You via software control (a “Virtual Server”). You acknowledge that this is not the same as a Dedicated Server and as such access to related software and certain functions of the system hardware is limited.
1.3 Easy Green Hosting agrees to provide the use of a Virtual Server to You, for Your exclusive use at the price agreed upon before the initiation of service, for the term as defined in the Agreement and Order Confirmation.
1.4 Subject to events outside of our control (see Clause 2 below), Easy Green Hosting additionally agrees to maintain the hardware on which the Virtual Server is located and keep the Virtual Server running. You acknowledge that Easy Green Hosting is not responsible for managing the content of the Virtual Server in any way.
1.5 You represent and warrant that You have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the Virtual Server.
1.6 Access to the Virtual Server is limited to You and anyone authorised by You. You acknowledge and consent that Easy Green Hosting may require limited access to your Virtual Server as and when necessary without further notice to you.
2. Service Delivery
2.1 Every reasonable effort is made by Easy Green Hosting to maintain the uninterrupted operation of Your Services. Despite this, due to a number of circumstances that are beyond Easy Green Hosting’s control, you acknowledge that given the nature of such services, Easy Green Hosting cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
2.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by Easy Green Hosting to the Client on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement, including as to satisfactory quality and fitness for a particular purpose. In particular, Easy Green Hosting gives no warranty or representation that:
2.2.1 the Services will meet the Client’s requirements;
2.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis;
2.2.3 any results obtained from use of the Services will be accurate, complete or current; or
2.2.4 the Services provided will be compatible with any files or software You install or upload to the Virtual Server.
2.3 If You upgrade or rebuild (i.e. restore the default settings) Your Services at any time during the term of the Services You acknowledge that the Virtual Server reboots immediately. As such, Easy Green Hosting will not be liable for any loss of data or other consequences of such action.
2.4 Migration of Servers. You acknowledge and agree that, in the normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number(s). We do not warrant that you will be able to consistently maintain your given IP number(s)
3. Fees and Billing
3.1 The Services shall be charged in accordance with the fees set by Easy Green Hosting as set out in the Order Confirmation. These may be varied from time to time and published on the Easy Green Hosting website.
3.2 When the Services are renewed in accordance with the Agreement, the fees will be charged at the last invoice raised.
3.3 If Customers downgrade the specifications of their Services during the term of the Agreement, the price difference in relation to the remainder of the current billing period will not be refunded. The full price of the downgrade will then be charged at the start of the following billing period. The Services will remain at the specifications before Customers action the downgrade until the end of the current billing period.
4. Expiry and Cancellation
4.1 Customers acknowledge that where an expiry date is displayed in the Customer’s Control Panel, the VPS and its associated services will automatically suspend 7 days after expiry and shall be cancelled and deleted 14 days after expiry.
4.2 Customers may terminate their contract with Easy Green Hosting by contacting Support via telephone on 07823583905.
4.3 Customers may cancel any Add-ons via their Control Panel.
4.4 Customers acknowledge and understand that upon cancellation their data is automatically removed on the date of cancellation and it is their responsibility to ensure that a full back up has been made by them prior to cancelling.
4.5 In the event that Customers cancel their Easy Green Hosting services mid-way through their contract with us, they will not be entitled to any refunds for the remaining amounts or any other related amounts.
4.6 In the event that Customers wish to continue with using Easy Green Hosting but have set their contract to cancel by a specified date, Customers may reactivate their services with us prior to the specified date by clicking “un-cancel”.
5. Upgrades and Downgrades
5.1 Customers may upgrade or downgrade their services via their Control Panel.
5.2 For terms in relation to Billing with Upgrades and Downgrades, please see sections 3.3
6. Appropriate Usage of the Services
6.1 The terms governing the appropriate use of Your Services and the Virtual Server can be found in the Acceptable Use Policy.
7.1 The 24-hour, 7 seven days a week Support offered by Easy Green Hosting relates to hardware and network support only.
7.2 Easy Green Hosting does not provide phone or e-mail support or other technical assistance for the administration of the Virtual Server or otherwise related to the Services.
7.3 You acknowledge that Easy Green Hosting’s support does not cover software or any other content uploaded or installed by You or third parties authorised to access Your services.
7.4 Easy Green Hosting provides telephone support between the hours of 9am and 7pm., Monday to Friday (excluding public holidays). Ticket support is also available between the hours of 9am and 5pm, Saturday to Sunday.
8. Your Additional Responsibilities
8.1 By hosting information on a Virtual Server, depending on the configuration of the Virtual Server, You acknowledge that such information may be accessible to all Internet users. Easy Green Hosting does not limit or restrict access to this information, nor do We protect any of this information from copyright infringement or other wrongful activity taken by third parties. As such, You assume full responsibility and risk for Your use of the Virtual Server.
8.2 It is Your sole responsibility to assess and determine the accuracy, completeness and quality of the Services provided to You by Easy Green Hosting.
8.3 The Easy Green Hosting is an unmanaged server and therefore, it is Your sole responsibility to ensure that Back Ups of Your data is taken.
9. Remedies & Limitations
9.1 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO Easy Green Hosting IN THE TWELVE MONTHS IMMEDIATELY PRECEDING ANY ALLEGATION OF THE AFOREMENTIONED ACTIONS.
9.2 In no event shall Easy Green Hosting be liable for any loss of profits, loss of business, or any indirect, special, exemplary, punitive, incidental or consequential damages as the result of any such action or inaction without regard to the likelihood of any such damages.
9.3 Easy Green Hosting is not responsible for any delay, lack of connection, slow connection, loss of data, loss of usability, or any other similar issues, due, but not limited to, any of the following:
9.3.1 the active or passive negligence of Easy Green Hosting, You or any third party;
9.3.2 downtime due to scheduled maintenance;
9.3.3 an upgrade, downgrade or other alteration to Your Services or the Virtual Server;
9.3.4 hardware failure, (including issues caused by other users on hardware);
9.3.5 Incompatibility; or
9.3.6 Your error.
9.4 Easy Green Hosting may limit or deny access to Your Services and its systems if, in Easy Green Hosting’s judgment and sole discretion, such action is required to prevent damage to the network (including, but not limited to, software and stored data) or to ensure the integrity or security of the network.