Virtual Private Server Terms and Conditions

These terms are in addition to the Freeparking General 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 General 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 either a physical computer owned and operated by Freeparking, or its parent company, including subsidiary companies (a 'Dedicated Server'), or a server operating system functioning within a virtualization environment alongside other virtual servers on a physical server (a 'Virtual Private Server').

“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 - a division of Webfarm Ltd.

2. General Terms

• 2.1 The Terms and Conditions set out in this document relate only to your use of the Virtual Private Server or Dedicated 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 an administration fee of $99.95 + GST in the case of dedicated servers and $49.95 for Virtual Private Servers, and any “Managed Services̶ fees or third party license, software of non-refundable costs incurred to us by providing this service.

4. Term of Agreement

• 4.1 The Initial Fixed Term of this agreement for provision of a dedicated server is fixed at
  • a)  6 (six) months, for Virtual Private Servers.
  • b)  24 (twenty four) months for Dedicated Servers, At the conclusion of which the Agreement shall automatically operate on a monthly basis.
• 4.2 Subject to the Guarantee period, neither party may cancel the Agreement during the initial fixed term, nor may the fees be changed.
• 4.3 The only acceptable methods of payment for Freeparking Virtual Private Servers and Dedicated Servers are cheque, 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. Performance of backups is the customer's responsibility.
• 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 hard drive(s) (if required) and reinstallation of the operating system and server management software (if any) provided by Freeparking.

6. Service Levels

• 6.1 Freeparking undertakes to make every reasonable effort to maintain Server Uptime of 99.6% assessed over a minimum period of one month. Server uptime is defined as the percentage of time the Dedicated or Virtual Server is running and capable of responding via it's Ethernet port, excluding any scheduled downtime, whether notified or not.
• 6.2. 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 Dedicated or 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.
• 6.3. Notwithstanding the earlier limitations as to liability contained in section 9 of the General 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.
• 6.4. In all cases Server Uptime and Network Uptime shall be subject to any event of Force Majeure.

7. Preventative Maintenance Downtime Notice

• 7.1. Preventative Maintenance means support required in the opinion of Freeparking to maintain the integrity of service.
• 7.2. 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
• 7.3. Where possible we will undertake preventative maintenance at a time where effects on New Zealand-based users are minimised.
• 7.4. Notification will be by email to the address supplied to us for such purpose.

8. System security

• 8.1 The customer is responsible for choosing adequately secure passwords and for maintaining the security of said passwords.
• 8.2 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.
• 8.3 Although we follow industry-standard security procedures, Freeparking makes no warranty as to the privacy or security of your data or email.
• 8.4 This Agreement does not give You any right of access to the datacenter in which the Server is located.

9. Miscellaneous

• 9.1 This agreement shall become effective on the date of your order form has been submitted to us for the said service.
• 9.2 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.

This policy was last updated on 07 August 2007.