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VPS

Terms and conditions relating to our Virtual Private Server (“VPS”), this includes our Managed VPS and Self-Managed VPS.

  1. Definitions

    1. “Administrative Access” means root or other user or account with the highest level of permissions granted so as to manage and control a server;
    2. “Agreed Service Level” means the levels of performance and service to be provided by Team Blue Internet Services Ireland Limited t/a LetsHost (“LetsHost”) to the customer, as more specifically described in the Service Level Agreement;
    3. “Contract” means a Contract for the provision of the Services made between LetsHost and the customer;
    4. “Encryption at Rest” means encryption of stored data on the Servers, Hardware or associated storage systems, such that data is encrypted when saved to disk and decrypted only when accessed through appropriate credentials. For the avoidance of doubt, encryption at rest does not apply to data while in transit or in active use;
    5. “Equipment” means all customer equipment installed in the Premises;
    6. “Hardware” means the equipment, cabling and systems provided by LetsHost in connection with the Services;
    7. “Invoice” means the email sent to the customer’s email address provided at the time of taking out the Services and which details the Services the customer has purchased and the payments due. The invoice shall also available in the customer portal;
    8. “IPRs” means any and all intellectual property rights including, without limitation, any and all: patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trademarks, service marks, trade names and goodwill;
    9. “Managed VPS” means the customer does not have administrative access to the server. LetsHost will be responsible for managing server operating system, software updates and security patches;
    10. “Notified Maintenance” means essential maintenance to be carried out by LetsHost in relation to the Services, Hardware and/or Software, which has been notified to the customer at least three (3) days prior to its commencement where possible;
    11. “Party/Parties” means LetsHost and the customer collectively;
    12. “Premises” means our Unit 4029, Kingswood Road, Citywest Business Campus, Dublin 24, D24 E180 Data Centre situated in Ireland;
    13. “Self-Managed VPS” means the customer does have Administrative Access to the server and will be responsible for managing server operating system, software updates and security patches;
    14. “Server(s)” means managed and self-managed dedicated and virtual servers and cloud based servers;
    15. “Services” means the managed and self-managed virtual private server services and any associated internet related services, supplied by LetsHost on and subject to the Terms in these Conditions;
    16. “Services Disruption” means any disruption in the Services which causes a failure to meet the Service Level Agreement as a result of any failure of the Hardware, Software or LetsHost personnel who provide the Services and which does not result from any breach by the customer of these Conditions, and or a Force Majeure Event (defined in the main Terms of Service);
    17. “SLA” means the Service Level Agreement specifying the standard service level that we aim to deliver to you in respect of each Service as specified in clause 7;
    18. “Software” means all the computer software programs provided by LetsHost in connection with the Services;
    19. “User” means any individuals and businesses who access the Internet web site(s) hosted on the Hardware in connection with the Services;
    20. “VPS Infrastructure” means LetsHost’s underlying platform compute and storage Hardware and Software
    21. “Working Day” means any day from Monday to Friday, between 9:00 a.m. and 5:00 p.m, local time in Ireland, excluding: (i) Saturdays and Sundays; and (ii) public holidays in the Republic of Ireland on which banks are generally closed.
  2. Provision of information – your obligations

    1. You agree with us to:

      1. provide certain true, current, complete and accurate information about you as required by the application process; and
      2. maintain and update the information you provide to us from the date you enter into a Contract with us.
    2. We rely on this information to send you important information and notices regarding your account and our Services.
    3. You must ensure that all information submitted is correct as we may not be able to rectify errors.
    4. On an ongoing basis you will maintain accurate contact information in the customer portal. We shall not accept liability for any loss resulting from inaccurate contact information.
    5. We reserve the right to suspend or terminate the Services without liability if any information provided is found to be materially false, misleading or incomplete.
  3. The Services

    1. We agree to provide our Services to you, for the exclusive use (subject to maintenance of the Hardware), at the price agreed upon in the Contract. You represent and warrant that you have or have access to the knowledge and expertise necessary to configure, maintain, monitor, secure and use the Services, unless otherwise expressly included in the scope of our managed services.
    2. Our Services shall extend only to those elements expressly set out in the Service Level Agreement. You acknowledge that the Services are not intended as a substitute for your own technical expertise and due diligence.
    3. We may need to change the Services as a result of legislative, regulatory or other changes requiring us to do so. We will endeavour to provide you with not less than twenty-one (21) days’ notice in advance of such alterations taking effect, but shall not guarantee that we will always do so.
    4. We may also need to temporarily suspend the Services without notice in order to repair, maintain, replace or improve the Services, or our network, or in an emergency. We will try to keep you informed and minimise disruptions, but we cannot guarantee uninterrupted Services.
    5. Unless otherwise indicated, the Services do not include back up of your data. You are responsible for the back-up of your own files and data, for your own internal network, and all equipment that is connected to the internet. In particular, it is your responsibility to ensure that your firewalls and anti-virus protection are kept up-to-date and are sufficient for your needs.
    6. You acknowledge and agree that we make no representation that the Services are fit for any particular purpose. It is your responsibility to ensure the Services are appropriate for your business needs and any regulatory requirements applicable to you.
  4. Administrative Access

    1. Administrative Access to the Services is limited to you and your authorised agents. As a general rule, we have no access to the contents of your server.
    2. Notwithstanding the above, you authorise us to access the Services, Hardware and Software where necessary for the provision of managed support, security updates, monitoring, compliance obligations or in order to investigate or prevent suspected unlawful or harmful activity.
    3. We reserve the right to require, at our discretion, Software and/or Hardware upgrades for the purposes of maintaining security and stability of the Services provided and may require the installation of such upgrades. Standard fees for such upgrades shall be set by us from time to time.
  5. Bandwidth Charges

    1. There shall be no charge for monthly aggregate or daily average network transfer within the allowance of the Services purchased, depending on the terms agreed upon at purchase, as measured during any thirty (30) day period. Monthly aggregate or daily average network traffic in excess of any pre-arranged allowance shall incur an additional fee set at our sole discretion. Payment of this fee will be required in order to maintain service. Network traffic shall be measured by us and may include all forms of traffic to and from the server. All fees shall be set and adjusted by us from time to time and published on our website.
  6. Your Obligations

    1. We shall report, if appropriate, misuse or abuse of the Service by you to any regulatory authority or, in the case of criminal matters, the police.
    2. You agree not to use the Services, Hardware and or Software to do any of the following and it is expressly agreed between us and you that if there is any breach of this Clause 6 we may, without further notice to you and without obligation to pay compensation apply service credits or refund any monies, suspend, restrict or terminate your Services if you:

      1. Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene (illegal pornography), libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Please note that Internet Relay Chat (IRC) services may not be run on our network. Contact us for clarification where needed;
      2. Harm minors in any way;
      3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or third party content transmitted via the Services;
      5. Upload, post or otherwise transmit any third party content that you do not have a right to transmit under law or under contractual or fiduciary relationships;
      6. Upload, post or otherwise transmit any third party content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
      8. Upload, post or otherwise transmit any third party content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      9. Use any of our servers or our Service to carry out, or assist in the carrying out of any “Denial of Service” (DoS) or “Distributed Denial of Service” (DDoS) attacks on any other website or internet service.
      10. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or
      11. Do anything that in the opinion of us is likely to bring the Service into disrepute.
  7. Service Level Agreement

    1. As part of these VPS Terms and Conditions, we wish to define the level of service, responsibilities, and performance of our service to you.
    2. Our SLA applies to all Managed VPS and Self-Managed VPS services. If there are any overdue payments for VPS services or Services listed on your account at the time of the downtime, the guarantee is null and void.
    3. The guarantee is valid during the Contract. If the Contract is renewed, the guarantee will continue for a further period of time as specified. This guarantee applies to network and hardware uptime as specified in clause 7.d. below.
    4. We guarantee to provide the following uptime:

      1. 99.9% network availability (meaning that our network will be available to the internet 99.9% of the time in a given month. The guarantee does not include availability to any specific point on the internet)
      2. 99.9% VPS infrastructure (meaning that our Server Hardware will be available 99.9% of the time in a given month. Downtime is defined as where a hardware component is not functioning correctly and causes our Server to be unavailable) This excludes any outages caused by scheduled maintenance, emergency maintenance, DDoS (Distributed Denial of Service) attacks, and force majeure.
    5. If we fail to achieve 99.9% uptime, in accordance with clause 7, and subject to you making a claim (in accordance with clause 7.h. below), we will compensate you with one (1) day of credit against your account for your Server for every sixty (60) minutes of downtime due to network or power in line with our service level guarantee. The maximum credit you can claim will not exceed the monthly bill for the Server.
    6. You may make multiple claims in a given month for different periods of downtime up to a maximum credit of 100% of your monthly payment for the specific Server.
    7. Service level guarantee uptime is monitored on a rolling monthly basis.
    8. In order to take advantage of this service level guarantee, you will need to make your claim within fifteen (15) days of the failure in question. Your claim must be made by submitting a ticket through your customer portal to our billing department. The ticket must clearly show evidence of outage, date of outage, the start time and the end time. For the purpose of claiming credit, downtime officially starts from the time you log a report notifying us in writing of the downtime. If a ticket has not been raised to inform us of an outage, we will be unable to process your claim.
  8. Encryption at Rest

    1. The Services include encryption at rest by default, meaning that data stored on the Servers, Hardware or associated storage systems, is encrypted when saved and decrypted only when accessed by an authorised user.
    2. You acknowledge that encryption at rest protects data from unauthorised physical access to storage devices, but does not protect against compromise of your access credentials, malware, or unauthorised access once data is legitimately decrypted.
    3. You remain responsible for implementing appropriate access controls, password security, multi-factor authentication and any other security measures recommended by us or appropriate under applicable data protection laws.
    4. For the avoidance of doubt, encryption at rest does not constitute a guarantee of data security or compliance with legal obligations. You remain the controller of personal data (if any) and are responsible for ensuring compliance with all applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 and the Data Protection Acts 1988–2018 (as amended)
  9. Charges and Payment Methods

    1. You shall pay the price for the Services as detailed in the invoice.
    2. The price covers permitted bandwidth (agreed connection rate) as stated in the invoice. If you exceed the limits set out in the invoice, then we reserve the right to make additional charges for all usage above the permitted bandwidth at our then prevailing charge rate as published. We will endeavour to notify you when your bandwidth use exceeds the limits agreed, however it is your responsibility to monitor the bandwidth being used from time to time using the customer portal.
    3. All prices quoted to you for the provision of Services by us are exclusive of any VAT for which you may be additionally liable at the applicable rate.
    4. Where the Services are purchased with a set-up fee, this fee is payable immediately.
    5. The price and all other amounts due as confirmed on the invoice shall be paid by you by the due date. Payment shall be made in full without any abatement, set off or deduction on any grounds.
    6. Payment terms for all invoices and Services must be received and paid by the due date. Payments are made one month in advance for all Services. If you do not make payment on the due date, we will:

      1. be entitled to charge you interest on the amount owing (both before and after judgment) on the amount unpaid at the rate of 4% per annum above the base rate from time to time of the European Central Bank (ECB), such interest accruing on a daily basis from the date that payment falls due until the date that payment is made in full, and/or
      2. suspend the Service(s) until payment is made in full, and/or
      3. terminate the Contract in whole or in part and cease providing the Service(s).
    7. If you are persistently late in settling your account (defined as being placed on hold more than three (3) times during your Contract with us), we reserve the right in the event of subsequent late payments to put you on hold twenty-four (24) hours after the first reminder of your account being overdue is sent.
    8. We do not offer refunds for servers and Services purchased in advance. Please refer to our website for our Refunds Policy in the Terms of Service.
    9. If your server is attacked (DoS) then we reserve the right to remove your server from our network without notice and without obligation to pay compensation, apply service credits or refund any monies in respect of Service downtime.
    10. Where payment is made by credit/debit card initially, you expressly authorise us to charge recurring billing as appropriate, until you give written notice otherwise to us (in line with the time frames in Clause 10 below) and the credit/debit card company, or the Services are terminated.
    11. We reserve the right to recover all reasonable costs of collection (including legal fees and debt collection agency fees) incurred as a result of late or non-payment by you.
  10. Termination and Cancellation

    1. If you terminate the Contract during the initial subscription period, or at the acknowledgement of order, as the case may be, we may be entitled to charge you a cancellation fee equivalent to the subscription fee for the initial period, less any sums paid by you for that initial period.
    2. We may, at our sole discretion and without prejudice to any rights have to terminate the Contract, suspend the provision of the Service(s) immediately on sending you written notice via the customer portal if we are entitled to terminate the Contract, or we need to comply with an order, instruction or request of government, an emergency services organisation or other competent administrative or regulatory authority which affects our ability to provide the service, or we reasonably believe you will fail to pay any amount due under the Contract.
    3. You must inform the billing department at least two (2) Working Days before your invoice due date if you intend to cancel.
    4. Failure to cancel in accordance with this Clause 10 will result in your account being charged for your renewal terms as per the terms in your invoice.
    5. We may terminate the Contract with immediate effect if you: (i) commit a material breach of the Contract, (ii) become insolvent, enter into examinership, liquidation, receivership or bankruptcy, or (iii) in our reasonable opinion pose a risk to the security, integrity or reputation of our Services.
  11. Intellectual Property, Licence and Ownership

    1. All Intellectual Property Rights in or relating to the Services, Hardware, Software, documentation and/or associated materials, including without limit any Internet Protocol Addresses (IPAs) assigned to you, are and shall remain the property of LetsHost.
    2. We reserve the right to change the IPAs assigned to you at any time, however we shall endeavour to give reasonable notice of the change, and shall use reasonable endeavours to reduce disruption to you, resulting from such changes.
    3. Title to the Hardware and Software (both legal and equitable) is and shall at all times remain with LetsHost, and you shall keep the Software and Hardware free of all charges, liens and encumbrances and protect it from any and all judicial process.
    4. We grant to you a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Software on the Hardware and in conjunction with the Services, solely for your internal business purposes in accordance with these Terms and any Contract. You agree that you will not in yourself, or through a third party:

      1. copy the Software, except as is necessary to install on Hardware and for internal archiving purposes. In the event that you make any copies of the Software, you shall reproduce all proprietary notices on such copies;
      2. reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software;
      3. sell, lease, licence, or sub-licence the Software or associated documentation;
      4. write, create or develop any derivative works or other software or programs, based in whole or in part, upon the Software or any confidential information.
  12. Personal Information

    1. You, the customer, acknowledge and agree that you name, address, telephone and fax numbers, as well as email addresses and assigned IP addresses and other similar details, may be disclosed to the RIPE Network Coordination Centre (NCC) to ensure that both you and US (LetsHost) meet the necessary obligations under the applicable RIPE policies and guidelines (IPv4 Address Allocation and Assignment Policies for the RIPE NCC Service Region, which may be updated from time to time). Furthermore, you also agree that such data may be published, in whole or in part, in the RIPE WHOIS database. If these policies and guidelines are relevant to the services being used by the YOU, then they shall be incorporated into this Contract, including but not limited to where the assignment of the IP space is valid, as long as the criteria for the original assignment are met, and only for the duration of the service between you and us. LetsHost have the right to reassign the address space to another user upon termination of this agreement or an agreed period thereafter. This means that you, will have to re-configure the addresses of all equipment using this IP space if you continues to require global uniqueness of those addresses.
    2. You are responsible for the security and confidentiality of your username and password.
    3. Each Party shall comply with all applicable data protection laws, including Regulation (EU) 2016/679 (General Data Protection Regulation) and the Data Protection Acts 1988–2018, in connection with the performance of the Contract. You are the controller of any personal data processed through the Services. We are a processor only where expressly agreed in writing.
  13. Security

    1. If your service is Self-Managed, then it is your sole responsibility to maintain and update security software on the server. You are also responsible for all the content you upload onto the server. Under no circumstance will we be held liable for security breaches and damage caused by your failure to maintain or update the security software or to maintain adequate security measures (including but not limited to processes, updates, software use and design, and access control).
    2. If your service is Managed, then LetsHost will be reasonably responsible for managing server software updates and security patches. However, you will be fully and solely responsible for all the content you upload onto the server. Under no circumstance will we be held liable for security breaches and damage caused by your failure to update and maintain the web site(s) and/or application(s), or to maintain adequate security measures (including but not limited to processes, updates, software use and design, and access control).
    3. You agree that if the security of your server has been compromised in any way, then you will notify us immediately in writing. You shall be held fully responsible for any misuse or compromise of your server for which we are not properly notified. You agree that if any security contraventions are believed to have occurred in association with your server, we have the right to suspend access to the server pending an investigation and resolution. You also agree that we have the right to cooperate in any government or legal investigation regarding any aspect of our services, including any servers used by you. Any use of our system to engage in software piracy or other contraventions of law will result in service suspension and be immediately reported to the appropriate authorities.
    4. Without special agreement we are not obliged to undertake back-up of data. It is your obligation to back-up any data you wish to retain.
    5. To the maximum extent permitted by applicable law, we disclaim all liability for loss or damage arising from (i) any failure by you to implement adequate security measures, (ii) your failure to apply software or firmware updates, or (iii) unauthorised access resulting from compromise of your access credentials.