The Easy Green Hosting VPS Agreement governs the terms and conditions under which you (“Customer”, “You” or “Your”) purchase a new VPS through Easy Green Hosting. You hereby accept this Agreement.
The terms of this policy are supplementary to the General Terms and Conditions and to the conditions of use of Easy Green Hosting and you will be bound to all of these when you have agreements with Easy Green Hosting.
General terms and conditions for VPS
1. Scope of application of the agreement
1.1 This Agreement regulates the provision of VPS services to the User by Easy Green Hosting, as well as certain maintenance interventions relating thereto (the “Services”).
1.2 The Services consist of Easy Green Hosting making available to You a partition on a commonly used server with certain features and limited resources granted to You through software control (a “Virtual Server”). The VPS is not a Dedicated Server and as such access to the related software and some system hardware functions is limited.
1.3 Easy Green Hosting undertakes to provide the user with the use of a virtual server, for exclusive use, at the price agreed before the start of the service, for the period defined in the Agreement and in the Order Confirmation.
1.4 Subject to events beyond our control (see Clause 2 below), Easy Green Hosting further undertakes to maintain the hardware on which the virtual server is located and to keep the virtual server running. Easy Green Hosting is not responsible for managing the contents of the Virtual Server in any way.
1.5 You represent and warrant that you have or have access to the knowledge and skills necessary to configure, maintain, monitor and secure the virtual server.
1.6 Access to the virtual server is limited to you and anyone authorized by you. You acknowledge and agree that Easy Green Hosting may request limited access to your virtual server as and when necessary without further notice.
2. Provision of services
2.1 Every reasonable effort is made by Easy Green Hosting to maintain the uninterrupted operation of your Services. Notwithstanding this, due to a number of circumstances beyond the control of Easy Green Hosting, you acknowledge that, given the nature of such services, Easy Green Hosting cannot guarantee that the Services, if provided via the Internet, will be uninterrupted or free of errors.
2.2 To the maximum extent permitted by law and except as provided elsewhere in the Agreement, the Services are provided by Easy Green Hosting to the Customer on an “as is” and “as available” basis and no warranties or representations (express or implied) of any kind are provided in connection with the Contract, including as to satisfactory quality and fitness for a particular purpose. In particular, Easy Green Hosting does not provide any guarantee or representation that:
2.2.1 the Services will meet Customer 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 the use of the Services will be accurate, complete or current;
o 2.2.4 the Services provided will be compatible with any files or software installed or uploaded to the virtual server.
2.3 If you upgrade or rebuild (i.e. restore default settings) your Services at any time during the term of the Services, you acknowledge that the Virtual Server restarts immediately. As such, Easy Green Hosting will not be responsible for any loss of data or other consequences of such action.
2.4 Server migration. 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 receive one or more different IP numbers. We do not guarantee that you will be able to consistently maintain the IP numbers initially provided.
3. Fee and billing
3.1 The Services will be charged according to the rates established 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 Services are renewed in accordance with the Agreement, fees will be charged on the last invoice issued.
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 next billing period. Services will remain at the specifications before Customers downgrade until the end of the current billing period.
4. Expiration and cancellation
4.1 Customers acknowledge that if an expiration date is displayed in the customer control panel, the VPS and associated services will automatically suspend 7 days after expiration and will be canceled and canceled 14 days after expiration.
4.2 Customers can withdraw from the contract with Easy Green Hosting by contacting Support via telephone on 0044 7823583905.
4.3 Customers acknowledge and understand that in the event of cancellation their data is automatically removed on the date of cancellation and it is their responsibility to ensure that they have made a full backup prior to cancellation.
4.4 In the event that Customers cancel their Easy Green Hosting services mid-contract with us, they will not be entitled to any refund for the remaining amounts or any other related amounts.
4.5 In the event that customers wish to continue using Easy Green Hosting but have set their contract to cancel by a specified date, customers may reactivate their services with us before the specified date by notifying info@easygreenhosting.com.
5. Upgrades and Downgrades
5.1 Customers can upgrade or downgrade their services via their control panel.
5.2 For terms relating to billing with upgrades and downgrades, see sections 3.3
6. Appropriate Use of the Services
6.1 The terms governing the appropriate use of your Services and virtual server can be found in Terms of use.
7. Support
7.1 The 24/7 support offered by Easy Green Hosting refers to hardware and network support only.
7.2 Easy Green Hosting does not provide telephone or email support or other technical assistance for the administration of the Virtual Server or in any case relating 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 by any third party authorized to access your services.
7.4 Easy Green Hosting provides telephone assistance from 9:00 to 19:00, from Monday to Friday (excluding holidays). Ticket support is also available from 9am to 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 users of the Internet. Easy Green Hosting does not limit this information or your access to it, nor does it protect any of this information from copyright infringement or other unlawful activity undertaken 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 evaluate and determine the accuracy, completeness and quality of the Services provided by Easy Green Hosting.
8.3 Easy Green Hosting is an unmanaged server and, therefore, it is your sole responsibility to ensure that your data is backed up.
9. Remedies and Limitations
9.1 THE TOTAL, SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACTION, WHETHER INTENTIONAL OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE FEES PAID BY YOU TO Easy Green Hosting IN THE TWELVE MONTHS IMMEDIATELY PRECEDING ANY ALLEGATION OF THE ABOVE ACTIONS.
9.2 In no event shall Easy Green Hosting be liable for any lost profits, lost business, or indirect, special, exemplary, punitive, incidental or consequential damages as a result of any such actions or inactions without regard to the likelihood of any such damages.
9.3 Easy Green Hosting is not responsible for any delays, connection failure, slow connection, loss of data, loss of usability, or other similar problems due to, but not limited to, any of the following:
9.3.1 the active or passive negligence of Easy Green Hosting, the User or third parties;
9.3.2 downtime due to scheduled maintenance;
9.3.3 an upgrade, downgrade or other alteration of the Services or Virtual Server;
9.3.4 hardware failure, (including problems caused by other users on the hardware);
9.3.5 Incompatibility;
o 9.3.6 Your mistake.
9.4 Easy Green Hosting may limit or deny access to your Services and its systems if, in Easy Green Hosting's judgment and discretion, such action is necessary to prevent damage to the network (including, but not limited to, software and stored data) or to ensure network integrity or security.
