Please read through these Terms and Conditions
Use of GBServers a Division of FirstServ Ltd’s Service constitutes acceptance and agreement to GBServers a Division of FirstServ Ltd’s TOS (Terms of Service), SLA (Service Level Agreement). From herewith in this TOS and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to GBServers a Division of FirstServ Ltd, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of GBServers a Division of FirstServ Ltd.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by GBServers a Division of FirstServ Ltd, that you are agreeing to our TOS and SLA. No Modifications of said contract by customer is allowed.
2. GBServers a Division of FirstServ Ltd will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, TOS and SLA. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will be suspended until customer’s hosting plan is upgraded. Customer can then downgrade the following month.
4. GBServers a Division of FirstServ Ltd will not under any circumstances accept financial liability for sickness, stress, injury, loss of earnings, loss of data or failure of computer hardware, software, due to using our services, or advice given by staff.
What may NOT be hosted on our network:
– Copyrighted Software / Media
– Child pornography
– Info, tools or attempts related to hacking, phreaking, phishing, anarchy, virii or spam
– Racist content
– Proxy Servers
– Bots of any kind
– IRC Services including bouncers and egg drops
– Anything that degrades the performance of our server or degrades performance of ANY other server.
If you find any of the above materials hosted on one of our web servers, please report to abuse[at]gbservers.co.uk.
Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers. If any service is in breach, then it will be suspended/terminated with or without warning, no credit will be returned for any unused period.
Network Uptime is the total time in a calendar month that GBServers a Division of FirstServ Ltd network is available through the Internet, provided that Client has established connectivity. GBServers a Division of FirstServ Ltd takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month.
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in GBServers a Division of FirstServ Ltd’s Network as confirmed by GBServers a Division of FirstServ Ltd. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any GBServers a Division of FirstServ Ltd scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail or GBStatus.com.
SLA Network Violation Credit
Customer can request a percentage refund of their monthly payment back if the server has downtime under of 99.9% in a 30 day period. 95% to 99.8% = 10% monthly credit, 90% to 94.9% = 25% monthly credit %, 89.9% or below = 40% monthly credit.
Customer must request their refund within 7 days of any downtime.
· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of GBServers a Division of FirstServ Ltd’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.
Establishment of this service is contingent upon receipt of payment from Customer to GBServers a Division of FirstServ Ltd. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any upgrades will be prorated to the hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Value added tax is not included on any prices on our website unless stated otherwise. VAT is charged to All clients. EU clients that have a valid EU VAT number can input this on sign up or in there client area to be exempt from VAT.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a £10.00 declination fee. Service will be interrupted on accounts that reach 2 days past due. Accounts not paid by due date are subject to a £5.00 late fee. Accounts that are not collectable by GBServers a Division of FirstServ Ltd will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty (£50.00) nor more than One Hundred, Fifty (£150.00).
GBServers a Division of FirstServ Ltd may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to GBServers a Division of FirstServ Ltd, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the GBServers a Division of FirstServ Ltd billing department to resolve the issue will allow for the reseller’s client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold GBServers a Division of FirstServ Ltd responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.
All requests for cancelling any service / services must be made in writing with at least 10 days notice, failure to do so will result in being charged the full months invoice. Cancellation can be done by visiting https://gbservers.co.uk/clients/ > My Products or Services > Cancel.
The customer is responsible for making cancellations to their subscription payments (i.e via PayPal), if the subscription is not cancelled any payments made are added to their GBServers account as credit which can be used to pay any new or existing invoices. For information about a refund of credit, see refunds below.
Refunds and Disputes:
We offer a 14 day money back guarantee on our UK VPS services. If you cancel your account within 14 days of first ordering it we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding any control panel license fees.
To prevent abuse, we will not refund if you have used 90% or more of your bandwidth within the 14 days.
The only way to cancel and claim your refund is by emailing general [atsignhere] gbservers.co.uk
The following items are not refundable:
All domain registrations, Control Panel Licensing / Setup Fees – These include:
– cPanel / WHM
– cPanel / WHM + Fantastico
– cPanel / WHM + Softaculous
All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in GBServers a Division of FirstServ Ltd’s discretion which is valid, under the terms and conditions of our SLA and TOS, will result in service interruption, and reconnection fees to restore the desired service.
Refunding of credit:
It is the customers responsibility to cancel any subscriptions they have setup for services that have been cancelled, it is also the customers responsibility to manage there payments and make sure that they do not have more than one subscription setup for the same service.
In a situation where the customer wants a refund of there credit, because of the above or otherwise, this is up to the discretion of GBServers a Division of FirstServ Ltd, generally we will refund up to the maximum refund period by the payment processor (typically 90 days), anything past this time will mean we will need to send the funds to the customers payment vendor account, in which they will be responsible for our admin fee (10% of the credit, minimum £5) plus the fees incurred by GBServers for processing the original payments. The customer will also be responsible for any fees that the payment vendor charges them directly for receiving the payment.
GBServers a Division of FirstServ Ltd provides backup’s for some services such as shared and reseller hosting, some servers are protected by RAID 10, however we are not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. GBServers a Division of FirstServ Ltd shall not be liable for loss of data under any circumstance.
From time to time, GBServers a Division of FirstServ Ltd may provide promotions on their services. GBServers a Division of FirstServ Ltd reserve the right to withdraw these offer at anytime.
Vouchers enabling a percentage discount do not include any licenses or addons in this promotion unless stated otherwise, you will be invoiced for this after the order has been placed.
Any promotion, code, or any special offers can not be used in conjunction with another unless specifically stated.
Promotions that are stated for new customers only – Customers creating a new account for this purpose will be charged at the full price.
You agree to all of these terms when you sign up to GBServers a Division of FirstServ Ltd.
GBServers a Division of FirstServ Ltd reserve the right to change these Policies at any time without prior notice or warning.
Information collected from you
• Information you provide to us. When signing up to a service with GBServers we will collect various personal information, such as your name, address, email address and phone number, along with payment details.
We require this information to establish a billing and legal contract between you and us at your request.
• Information that we collect about you. When you visit our website and signup to our services we collect some technical information such as your Internet procotol IP address, and your login details.
This information is kept for country location evidence and fraud screening along with proof of residence.
• If you contact us, we will keep a record of any methods of contact in order to improve future responses by having a record of any previous communications.
How we use this information
• To provide support and customer service
• To identify your accounts with us
• To carry out statistical analysis
• To prevent fraud
• To notify you of changes to your service
Disclosure of your details
You agree that we can share your personal information with:
• Selected third parties, including any suppliers and subcontracts in order to honor your contract.
• Analytics and search engine management to help us to improve our website
• We will disclose personal data to third parties in the event we sell or buy any business or assets in which case we will disclose your personal data to the buyer or seller. If GBServers assets are acquired by a third party then personal data of its customers will form part of the assets transferred.
• If we are under any duty to share your data in order to meet any legal obligations or to apply any of our terms and conditions, protect rights, or safety of GBServers a Division of FirstServ Ltd, or customers, or others. This includes sharing information with other third parties for the purpose of fraud protection and credit screening.
How long data is stored
Your data is stored for as long as needed to provide your service for the reason the data was collected in the first place. We may also need to keep certain information for legitimate business purposes or law (such as billing records).
You may request for us to provide you with any data we hold on you, provided that this is not found to be excessive in which case a charge may apply. You may at any time request that your personal information is not used for marketing reasons.
Access and updating data
You must make sure that the accuracy of your information and ensure that all details are kept up to date at all times, you can do this within your client portal at gbservers.co.uk/clients.
How we store your data
We store and protect all personal data collected including using encryption where possible.
Information you provide to us is stored on secured servers with EEA. In some cases it may be required to transfer your details to a country outside the EEA to provision your services or for payment providers outside of our control. In this case the laws in this countries may not provide you the same level of protection however any of this third parties have agreed to used European levels of data protection in respect of the transfer.
Should a data breach occur, we will make sure that the application data protection laws are complied with where required.