Legal Notices
Managed Dedicated Servers

We will make a Server available to you for your own exclusive use. The Server will at all times remain DigiServ™’s property. We will setup and manage the Server with our relevant data centre provider on your behalf.

1.1. All Server log files remain DigiServ™’s property. If you ask us to give you a server log file, we will give you a copy of the relevant log file.

1.2. We will manage the Server, including the hardware, software, and upgrades at our sole discretion.

1.3. You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through your Client Area. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to use of any traffic management and reporting tools: 

all information will not be real time information and there will always be a one day delay in the furnishing of information; and

1.3.1. We will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.

1.3.2. We are not entitled to give you further information on traffic usage other than what is reported through the Client Area.

1.4. If the Server becomes the target or source of any form of denial of service attack and DigiServ™ believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.

1.5. DigiServ will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 1.3. that may result from the use of the software). You therefore use the software at your own risk.

1.6. We are not responsible for any licensing of any software you use.

Service Availability, Service Level Guarantee & Network Uptime Guarantee

We guarantee that our network will be available 99% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 7.2 hours in any month counted from the first day of every month. 

2.1. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling. 

2.2. Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our monitoring system.

2.3. If server uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).

2.4. You will not receive any credit: 

2.4.1. if there is a degradation of the Service outside our control;
2.4.2. during scheduled maintenance windows;
2.4.3. on the happening of a force majeure event; or

where the downtime is due to:

    2.4.4. failure of access circuits to our network,
    2.4.5. Domain Name Server issues outside our direct control,
    2.4.6. DNS propagation,
    2.4.7. negligent customer acts or omissions; or
    2.4.8. outages elsewhere on the Internet that hinder access to your hosting services.
    2.4.9. We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.

These exclusions will not apply where the problems arise from DigiServ™’s Server links to the Internet or our routers.

2.5. If you wish to exercise your right to a credit refund, you must request it by sending an email to us at billing@digiserv.biz. The email must include the domain or Server name associated with your hosting service in the "subject" line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycles. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.