Understanding The Terms And Conditions Of A Dedicated Server Provider

New Zealand is a small island country in south-east of Australia. The country is known for its developed and diversified economic base. Through a traditionally agrarian economy, it has accepted the modern advances in the field of information and communication technologies. It is home to many multi-national enterprises. Web-based ventures are fast catching up in this nation and so is the demand for web hosting servers. New Zealand also provides a range of web hosting options, including the shared, VPS, dedicated or cloud services to the clients. A dedicated server is the one which is used when there is a need for total control over server including deciding on the nature of operating system to use and firewalls to be added.

If you are also planning to have a dedicated server for your needs, it will always be a good idea to look into the agreement or the terms and condition mentioned on the website of service provider. It generally has the following main clauses:

Commitment and Services

These outline what are the commitments being given by the provider to its clients. This section would also outline the fact that by selecting any product or service, the client is deemed to have understand the full details of the product or service being opted for. The provider would understanbly remain committed to providing reliable and continuous services all the time without fail under normal circumstances. However, for factors beyong the control, the provider might not be able to commit guaranteed services.

This section would also incorporate this provision that the services might be denied on the discretion of the provider for any particular client.

Payments and Charges

This section of the agreement by the dedicated server hosting provider in NZ clearly states that the prices of plans would be published on the website itself. This would further state that all the payment of charges shall be done before the due date and what will happen if the due date deadline is not met. Whether there will be levy of some penalty or the account will cease to be operable is made clear.

Terms of Termination of Agreement

This provision clearly states when the provider would be terminating the services. Whether there is a need for giving a notice period or not is also mentioned here. If yes, then for how many minimum days this notice shall be served. If client has already subscribed for a service, then whether the client would be given the refunds for the unused terms or not is also covered under this provision.

Conduct which is Prohibited as per New Zealand laws

This particular section deals with the what all content is prohibited on the server. Invariably, it would not permit spamming through emails, content that is offernsive to the community, content that permits or contains links to child pornography, promotes or sells items which are unlawful in New Zealand, etc. Clients shall go through these conditions before taking up the dedicated server hosting plans.

Liability and Limitations

This clause defines the liability of dedicated server provider in NZ and details the circumstances under which liability would not be attracted and if it is attracted, what would be the limitations attached to it. The liability is defined with respect to the client who has taken dedicated server.

Right of Indemnification

In case there is a breach of contract or violation of the agreement by the client, the web server hosting providing company might seek indemnification from the client for such loss which it incurs as a result of  that breach or violation. Thus, the terms of the agreement need to be fully understood before opting for hosting services.

Reservation of Certain Rights

The service provider might reserve the right to take certain discretionary action. This could pertain to censorship of any website, excessive usage of allocated bandwidth or disk space, termination of service on account of non-payment or on using prohibited content or service or suspend services for maintenance of servers and equipment.

Thus, before taking the dedicated server hosting it is imperative to read through these provisions of terms and condition in order to fully understand the scope of service and mutual terms of engagement.