Legal Notices
Root Dedicated Servers

1.1. We will make a Server available to you, installed with the latest version of an operating system, from a list of available options we give you. If you elect to have a Microsoft operating system installed that we provide, you are bound by the licensing terms & conditions of the relevant Microsoft Software with effect from when the Microsoft Software is first installed on the Server.

1.2. You will manage the operating system and all software on the Server. DigiServ™ will not and has no obligation to get involved in any aspect of managing the Server apart from the hardware.

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. The allocated Server remains DigiServ™’s sole property.

1.5. If you request any deviation from the standard hardware offering we will give the non-standard hardware, but the cost will be passed directly on to you. The hardware remains our property.

1.6. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.

1.7. We 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 use the software at your own risk.

1.8. We are not responsible for any licensing of any software you use, other than where you are leasing Microsoft software through DigiServ™.

Support and Service Level Guarantee

2.1. This guarantee only applies to Unmanaged Dedicated Hosting Customers. We will try to respond to and resolve all Unmanaged Problems that specifically relate to Server hardware within 90 minutes of you reporting the problem to us over the phone. 

2.2. If we do not Resolve (as defined below) the Unmanaged Server Problem within 90 minutes or the extended period DigiServ™ may advise, we will give you a credit equal to one month's worth of the base hosting fee. For purposes of this clause,"Resolving" means that the Root Server originally provided by DigiServ™ responds to a ping as measured by our network monitoring system. If your Unmanaged Server has not been configured to respond to ping requests, you must provide us with another way of determining that the Server is visible on the network. If you do not do this we will be relieved of our obligations under this clause.

2.3. You must also understand that Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.

Network Uptime Guarantee

We guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.

3.1. Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but excludes services or software running on your Server.

3.2. Network downtime exists when you are unable to ping the Server and it is measured according to our monitoring system.

3.3. If network 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).

3.4. You will not receive the credit if the Unmanaged Server problem is attributable to:

3.4.1. scheduled maintenance;
3.4.2. a degradation of the Service outside our control;
3.4.3. a force majeure event;
3.4.4. negligent acts or omissions on your part that results in the operating system failing;
3.4.5. you requesting us to reinstall a version of the operating system software other than the latest version of the operating system software;
3.4.6. you being unavailable which results in us being unable to establish contact with you to resolve the problem; or
3.4.7. you failing to follow the prescribed procedure timorously or at all, as indicated in 2.2.

3.5. If you wish to exercise your right, you must request it by sending an email to us at billing@digiserv.biz. The request must be received by DigiServ™ within 48 hours of the incident being reported and must include your customer number, your name as listed on the DigiServ™ invoice, the date and approximate time of the problem and the Unmanaged Server identification codes or the Server name. Only once we confirm the network unavailability according to our monitoring system, will we supply the credits to you within two billing cycles after we receive the request. Despite anything to the contrary, the total amount we credit you in a particular month will not exceed the total hosting fee you must pay for the month in question.

Dedicated Hosting Fees

4.1. You will pay us a base hosting fee for Unmanaged Dedicated Server and Co-Location hosting as indicated on the website.

4.1. The base hosting fee does not include any other fees such as:

  • 4.1.1. setup fees;
  • 4.1.2. fees relating to incremental bandwidth usage;
  • 4.1.3. fees for extra IP addresses; and
  • 4.1.4. random access memory and hard drive
beyond that which is available without additional charge specifically specified in our standard rates available on our website that will be additional fees you must pay.