These VPS and Dedicated Server Terms and Conditions apply to the purchase of VPS and Dedicated Server Services from Paragon Internet Group Limited t/a tsoHost (‘tsoHost’) and are supplemental to tsoHost’s General Terms and Conditions [insert link] and tsoHost’s Acceptable Use Policy [insert link]. tsoHost’s General Terms apply to the provision of VPS and Dedicated Server services in addition to these VPS and Dedicated Server Terms and Conditions.
To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by tsoHost 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, tsoHost gives no warranty or representation that:
the Services will meet the Client’s requirements;
the Services will be provided on an uninterrupted, timely, secure or error-free basis;
any results obtained from use of the Services will be accurate, complete or current; or the Services provided will be compatible with any files or software You install or upload to the Virtual Server.
Service Provisioning
tsoHost aim to provision newly ordered services within 48 hours. However, due to hardware shortage, workload or other factors provisioning may sometimes be delayed and no guarantee is offered that services will be provisioned in any particular timeframe. The next due date of the service will be adjusted at the point of provisioning to account for this.
Migration to VPS or Dedicated hosting
You may ask our support team to migrate your website(s) from another service to your VPS or Dedicated Server. This will be done according to our Migration Service Terms and Conditions. Unless requested, there will be no automatic 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 be assigned a different IP number(s). We do not warrant that you will be able to consistently maintain your given IP number(s).
Upgrades and Downgrades
VPS
Some VPS services can be upgraded through the tsoHost client area. Other upgrades of VPS services must be requested by raising a support ticket. In either case, we will endeavour to carry out the VPS services upgrade within 48 hours of accepting your request. VPS service upgrades will always cause a degree of service interruption, which is exempted from our SLA. We will endeavour to perform the upgrade at a time of day to suit you, but we cannot guarantee this. VPS services may not be downgraded.
Managed Servers
Some Managed Server services can upgraded or downgraded through the tsoHost client area. Others upgrades or downgrades of Managed Server services must be requested by raising a support ticket. In either case, we will endeavour to carry out the upgrade or downgrade within 48 hours of accepting your request. Managed Server service upgrades and downgrades will always cause a degree of service interruption, which is exempted from our SLA. We will endeavour to perform the upgrade or downgrade at a time of day to suit you, but we cannot guarantee this. If a Managed Server service is downgraded, no refund or service credit will be provided. The new fee applicable to the upgraded or downgraded Managed Server service will be charged from the next renewal date.
Self-Managed Services
tsoHost may at the Customer’s request and at our sole discretion provide a Self-Managed service. A Self-Managed service means that tsoHost has no ability to manage the server on behalf of the Customer and accordingly the Customer is solely responsible for this. Further, the Customer is solely responsible for taking backups, software management and application of any security or software updates. If the service is Self-Managed, this invalidates any SLA expressed or implied.
Service Level Agreement
Our standard service level agreement applies to managed VPS and dedicated hosting. Self-Managed servers are exempted. We will not provide an SLA credit if any downtime that occurs is due to server overload, scheduled maintenance or the upgrade/downgrade of a service.
Hardware failure
From time to time hardware may fail. We will endeavour to replace any failed hardware within 4 hours, however, this is not guaranteed. In the event of a storage failure, data loss or corruption might occur and restoration from the Customer’s backup may be required.
Backups
It is solely and entirely the Customer’s responsibility to ensure that they have sufficient backups in place for their data. tsoHost is not responsible, under any circumstances, for any data loss from a Customer’s server or for the provision of any backups.
tsoHost may provide backups with your VPS or dedicated hosting service. However these are taken on a “best effort” basis and we accept no liability for any loss arising from any failure in the backup process or any data loss whatsoever. We advise all customers make their own off-site backups. Self-Managed services are not covered by tsoHost’s backup processes and Customers are solely responsible for the taking of any backups on a Self-Managed service.
Managed Hosting
Unless opted out, our VPS and dedicated servers include management as standard. Customers will not be provided with root or administrator access. Customers will have user level access to upload a website and, where applicable, access to a control panel. tsoHost will configure the server to the Customer’s requirements, to host a standard website or group of websites.
tsoHost will operate the server as part of its network, utilising configuration management utilities and server monitoring to ensure uptime. tsoHost will endeavour to respond to any service affecting events 24x7x365.
Where a payable upgrade is required due to server load, tsoHost contact the Customer to inform them of this. Should the Customer choose not to proceed with the upgrade, the standard SLA will not apply following that refusal to upgrade.
tsoHost will normally not support your application itself, however, from time to time, tsoHost’s support team may offer application assistance. If such assistance is offered it is on a “best effort” basis and you agree to indemnify tsoHost against any loss or damage arising from this assistance, whether direct, indirect or consequential.
Expiry and Cancellations
Customers may terminate their VPS through their client area.
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 backup has been made by them prior to cancelling.
In the event that Customers cancel their tsoHost services mid-way through their billing term, they will not be entitled to any refunds for the remaining amounts or any other related amounts.
Fees and Billing
The Services shall be charged in accordance with the fees set by tsoHost as set out in the Order Confirmation. These may be varied from time to time and published on the tsoHost website and in the tsoHost client area.
Services will renew at the fee displayed in the tsoHost client area. An invoice will be raised 30 days in advance of the service expiry date. If that invoice is not paid, the hosting Services will be suspended and later cancelled with the removal of all data.
If Customers upgrade the specifications of their Services during the term of the Agreement, the price difference will be charged immediately at a pro-rata rate relative to the remainder of the current billing period and the unit price of each element of their upgrade.
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.
Click here to view our terms and conditions prior to April 30th 2018.
