Dediserve Limited, with Headquarters at 13 Baggot Street Upper, Dublin 2, Ireland, hereinafter “Dediserve” agrees to provide services to the Subscriber, subject to the following Terms of Service
The initial term of this agreement shall begin on the date that dediserve generates an email message to the Subscriber stating the service is now active and will continue for the number of calendar months specified in the order.
The Subscriber agrees explicitly that dediserve will activate the service in receipt of cleared payment and that service will commence without delay.
Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms each the same as the initial term unless dediserve or the Subscriber provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable. This may also be processed by requesting cancellation from within the customer GUI.
The Terms of Service and the relationship between you and dediserve shall be governed by the laws of the Republic of Ireland and the European Union, without regard to its conﬂict of law provisions. You and dediserve agree to submit to the personal and exclusive jurisdiction of the courts located in Ireland.
In order to use Dediserve services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account.
Deployed servers on Public Cloud, include a set amount of data transfer, based on a generous 1.5TB of outbound transfer per month, per GB RAM allocated to your server for most locations, and 1TB outbound transfer for Premium Locations (see note 13). Maximum / Peak usage is 5Mbps per GB RAM allocated to your server for most locations and 2Mbps per GB RAM for Premium Locations. For the purposes of Example, a server with 10GB RAM allocated, is permitted a maximum of 50Mbps transit or 15TB transfer, whichever limit is reached first, or in Premium Locations,the same server is permitted 20Mbps or 10TB on the same basis.
Hybrid and Baremetal Servers are also provided with an inclusive generous set amount of data transfer, which is 50Mbps at 95th percentile metering for most locations, and 25Mbps at 95th percentile metering for Premium locations (see note 13).
Subscribers significantly or repeatedly exceeding these guidelines will have their connections to the Public Internet throttled to the guideline limit without notice, may be subject to overages if usage is quite significant and will have the option to upgrade or purchase dedicated transit at the sole discretion of dediserve.
Dediserve has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers to Dediserve may not use or permit others to use our network to transact in spam messages. Subscribers to Dediserve may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Dediserve’s SPAM policy will result in severe penalties - Upon notification of an alleged violation of our SPAM policy, Dediserve will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, Dediserve may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Dediserve may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Dediserve reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Dediserve will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy may result in an Administrative Fee of €100 at the discretion of management and your account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of €399 and immediate termination of your account. Subscribers who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.
Dediserve reserve the right to charge up to a total of €1500 For spam related violations due to costs which may be enforced on us by data carriers or data center administration fines.
As our resellers are ultimately responsible for the actions of their clients over the Dediserve network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our Subscriber are solely responsible for the use of their hosting account at all times.
Dediserve does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. Your account can be suspended or terminated without warning for any such behavior
Subscriber agrees to indemnify and hold harmless Dediserve, Dediserve’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.
Dediserve does not warrant or represent that the services will be uninterupted, error-free, or completely secure. To the extent permitted by applicable law Dediserve disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non infringement. To the extent permitted by applicable law, all serices are provided on an "as is" basis.
In no event will Dediserve Limited, its suppliers, or third parties mentioned on this site be liable for any special, indirect or consequential or any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any or all such sites, or in connection with the use or performance of software or of failure to provide services, whether based on warranty, contract, tort, negligence or any other legal theory and whether or not advised of the possibility of such damages.
The Dediserve terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of An Garda Siochana (Police of Ireland) who makes a written request, without further consent or notification to the Subscriber. In addition dediserve shall have the right to terminate all service set forth in this Agreement.
Dediserve provides a 100% Uptime Guarantee on power and network availability. In any given month, if your server is ofﬂine due to a Dediserve unscheduled power failure, or an unscheduled failure of the Dediserve network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist for hardware failure where the customer failed to comply with section 9 of our terms and keep appropriate backups, if available to them, which would have prevented or materially reduced downtime, but were not taken up. Where the dediserve network is working normally but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud. Planned maintenance announced via internal ticket or our Dediserve status page is not covered by this guarantee
Dediserve provides a 100% Uptime Guarantee on all dediserve Hardware and on Network Connectivity. In any given month, if your server is ofﬂine due to a Dediserve unscheduled hardware failure, or an unscheduled failure of the Dediserve network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist where the dediserve network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud. Planned maintenance announced via internal ticket or our Dediserve status page is not covered by this guarantee
You agree that Dediserve may provide you with notices, including those relating to changes to the Terms of Service by Email and/or postings on Dediserve systems and services.
You agree that Dediserve may, from time to time and at it's sole discretion, need to impact single Virtual Machine uptime due to essential maintenance, and where possible, we aim to provide 48 hours notice of any impact of more than 1 hour.
As specified in the Acceptable Use clause 3a., are the cloud platforms located in Jakarta, Indonesia; Sydney, Australia; Melbourne, Australia; Singapore, Hong Kong, China and Dubai, UAE.
Dediserve is an unmanaged service provider, as such we have no visibility or knowledge of customer data stored within Virtual Machines (VMs) on our platform. Each VMs' disk is encrypted automatically and with the exception of the user not visible or accessible to anyone, Dediserve staff included. The responsibility for the management and security of data held within the VMs on our platform is that of the user, whilst we can advise on best practices to ensure VMs remain uncompromised, we do not take responsibility for it.
With regards to GDPR, it being understood that Dediserve has no active access to or knowledge of the data held on user services, Dediserve cannot be deemed "controller" or "processor" on the user's behalf to the full extent, however Dediserve understands that on occasion it may be required of the user to provide Dediserve staff with temporary access to their services in order to perform support-related tasks, if a Data Processing Addendum (DPA) is required to fulfil the user's GDPR obligations, a pre-signed agreement can be found here: https://manage.dediserve.com/Dediserve-DPA.pdf
3. Types of information collected
In our capacity as a "controller" under GDPR, we retain two types of information:
This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, telephone number and billing information.
Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information, browser types and other anonymous statistical data involving the use of our website.
Both Personal and Non-Personal Data is held on secure servers hosted by Dediserve. The nature of the Internet is such that we cannot completely guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be fully 100% secure. However, we take all reasonable steps (including appropriate technical and organisational measures) to protect your data at all times, your privacy is paramount to us.
We use the Non-Personal Data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.
We will process any Personal Data you provide to us for the following purposes:
In accordance with GDPR data submitted to us during registration will be held as long as there is an active service associated with your account. It is held only to act as a point of contact for you and for invoicing, and will not be shared with anyone outside of Dediserve. Once all services are cancelled your data will be held for 12 months, available upon request, after which it will be erased from our systems automatically and permanently, this includes invoices. Requests for your data can be made via ticket or email@example.com.
We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include commercial partners, sponsors, licensees, researchers and other similar parties.
We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfill your order (in such circumstances, the third party is bound by similar data protection requirements). We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Irish Data Protection Acts 1988 and 2002 and GDPR we will update or delete your Personal Data accordingly. To find out what Personal Data we hold for you, or to have your Personal Data updated, amended or removed from our database (right to be forgotten), please email us at firstname.lastname@example.org. Removal from our systems will also result in the termination of any and all services currently active on your account, no refunds can be provided for the billing period in which this action is performed.