Terms and Conditions

Please read through the terms and conditions below as they will form part of your services contract with us.

Last updated: 13th February, 2021

VM Specialist will provide the services requested to the client. These services include web hosting, virtual servers, dedicated servers and management of these services. These are managed services, and while we will grant root access to servers we reserve the right to allow root access to VM Specialist staff. If a client blocks our access to a server provided by us we are not liable for any delays in support or management, nor are we liable for any downtime incurred as a result of blocking access. We reserve the right to terminate any service where access has been removed and we suspect activity on the service which may have a negative impact on other customers.

Signup

Customers will need to register an account as part of the ordering process. We may check these personal details for validity to prevent fraud. Part of this process may mean we decline an order. We may check existing fraud record databases.

Service Allocations

Depending on the service chosen, certain resources will be dedicated to your service. Disk space, RAM, IP addresses will be dedicated, but server cores may be shared. Due to the managed nature of the service we don't impose any "hard" limits of CPU usage as long as it is in line with your hosting requirements.

Fees and Invoices

New orders are due on the day of order. We will discuss deployment and migration times with you, but in the unlikely event deployment and migration takes over 48 hours your service renewal date will be adjusted accordingly.

Service renewal invoices are generated 14 days before renewal, and will be due on the renewal date. Services may be suspended if the invoice becomes 7 days overdue without prior contact. We reserve the right to charge a late fee of 10% of invoice value should uninterrupted service be required but payment is not made on time.

Bandwidth

A limit of 5TB per month is allocated on your service (excluding dedicated servers, please refer to your specific server details). If the limit is reached, services will continue to be accessible, and we may discuss bandwidth requirements with you. If you have high requirements before ordering, please contact us so we can make arrangements for custom bandwidth solutions.

Backups

While we offer offsite backups as part of our management service we would always recommend clients have their own backups. Backups can be up to 6 hours out of date compared with your "live" data. If you require a more redundant setup, or need "live" backups as well as staged backups, please let us know and a custom solution can be arranged.

Due to the nature of computer hardware and network systems, VM Specialist will make every effort to restore any data but will not be liable for any data loss.

Maintenance and Security

We will make every effort to ensure our services and your hosting are secure - dependant on your requirements. As part of this we may require some downtime as services have security updates applied. Any downtime from a security update will not be counted as a loss of service against the SLA.

If the services we manage on your server require use of an out of date/custom software we may not be able to guarantee security updates can be implemented. We may offer alternative software or solutions to meet your needs in an effort to keep security up to date.

Support and Management

We will discuss your requirements as part of the ordering process. Once your service is deployed and any migrations complete, any updates or changes should be requested through the ticketing system where we aim to respond within 3 hours. The time to complete tasks will depend on the requested task but we will provide timescales for each support request.

Customer Responsiblities

While we will endevour to provide the service paid for, we require our customers to ensure they keep all their contact information up to date. All customers must be aware that changing their service setup may mean we cannot provide the service in line with the SLA and any issues arising from this behaviour may incur charges to put correct.

Acceptable Use Policy

In an effort to ensure all users can access their services we have some limitations on what our services can be used for.

Prohibited Uses

If you are unsure if your requirements may be prohibited please contact our sales team for clarification.

  • Any services which may breach local, national, or international law or regulation. If you are unsure please contact our sales team before ordering
  • Any services that will, or is likely to, infringe copyright, trademark, trade secret or other intellectual property rights of others
  • Generating, procuring or transmitting of unsolicited or unauthorised advertising or promotional material (e.g. SPAM)
  • Any service which may be fraudulant, or assists in any fraudulant service
  • Deceptive marketing practices
  • Actions or services which will likely affect our ability to provide services to other users
  • Security based research, especially anything which will require networking scanning, etc
  • Virtual currency or other hardware intensive applications without prior approval

Service Level Agreement

In the unfortunate event we are unable to provide service for any amount of time, the SLA below details any compensation you may be entitled to.

SLA

We offer 100% availability on infrastructure and network availability, and 99.999% on servers themselves.

In the unlikely event that we do not meet this requirements, the following will apply:

Downtime and Notification

Certain maintenance from ourselves, as well as our upstream providers may cause downtime. Where possible we will aim to provide 7 days notice of any works/maintenance which may cause your service to be inaccessible.

Exclusions

Any downtime caused by the clients mis-use of a service will be exempt from the above SLA.

Planned maintenance.

Hardware replacement where booked in with the client (for example hard disk replacement).

Software and operating system changes as requested as part of the management of the service process.

Service Credits

If we do not meet our part of the SLA, we will offer service credits to your account up to a maximum of your monthly charge per service affected.

Below is the percentage of your monthly charge per service that will be credited.

  • Less than 5 minutes - none
  • Over 5 minutes but less than 10 - 10%
  • Over 10 minutes but less than 25 - 20%
  • Over 25 minutes but less than 1 hour - 30%
  • Over 1 hours but less than 12 - 50%
  • Over 12 hours but less than 24 - 75%
  • Over 24 hours - 100%

Under no circumstances will total credit exceed 100% of the monthly fee per service.