Terms & Conditions
Last Updated 02/11/2020
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and SmartyHosting (we, us), concerning your access to and use of the SmartyHosting Website (https://SmartyHosting.com) website as well as any related applications (the Site).
The Site provides the following services: Sells Game Server and Hosting Services, where customers can purchase a server to host Games. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
1.5 Our site is directed to people residing in United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
● Our Privacy Notice https://smartyhosting.com/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
● Our Acceptable Use Policy https://smartyhosting.com/disclaimer-of-use, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
● If you purchase services from the Site, our terms and conditions of supply https://Smartyhosting.com/terms will apply to the use.
2. Acceptable Use
2.1 Our full Acceptable Use Policy https://smartyhosting.com/disclaimer-of-use, sets out all the permitted uses and prohibited uses of this site.
2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.3 As a user of this Site, you agree not to:
● Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
● Use a buying agent or purchasing agent to make purchases on the Site
● Use the Site to advertise or sell goods and services
● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
● Engage in unauthorized framing of or linking to the Site
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
● Make improper use of our support services, or submit false reports of abuse or misconduct
● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
● Attempt to impersonate another user or person, or use the username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from the Site in order to harass, abuse, or harm another person
● Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
● Attempt to access any portions of the Site that you are restricted from accessing
● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
● Delete the copyright or other proprietary rights notice from any of the content
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
● Use the Site in a manner inconsistent with any applicable laws or regulations
● Threaten users with negative feedback or offering services solely to give positive feedback to users
● Misrepresent experience, skills, or information about a User
● Cheat the advertisement system by “farming” clicks or in any other way
● Falsely imply a relationship with us or another company with whom you do not have a relationship
● Do not use the Unlimited SSD Storage for anything other than Game Server Files – This will lead to immediate termination of your account.~
● Do not use the server for anything other than stated in the panel, only use for Voice & Game Server Hosting is acceptable.
● Do not share, copy or distribute any of the information in your account including any keys, ssh keys or passwords
● Use of VPS Servers for malicious software, attacks or any other use we deem unfit we reserve the right to terminate your services without refund.
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at [email protected]
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
4.3You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.4 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
4.6 If you wish to complain about User Content uploaded by other users please contact us at [email protected]
5. Our content
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. Link to third party content
6.1 The Site may contain links to websites or applications operated by third parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7. Site Management
7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
8. Modifications to and availability of the Site
8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.2Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply https://Smartyhosting.com/terms.
We reserve the right to terminate services at our discretion if we believe there has been any use of fraud, abuse of service or staff or abuse against our company or it’s assets.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
● use of, or inability to use, our Site/Services; or
● use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.
If you are a consumer user:
● Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
● If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
● You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
10. Term and Termination
10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at [email protected]
10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
11.8 For consumers only – Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
11.9 For business users only – If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
11.10 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
11.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected]
Payment is to be made in full before services are activated. We offer payment using the PayPal payment processor, this will be taken automatically if a subscription for the server is created on your account, to cancel this subscription visit the service and request a cancelation and no more payments will be made.
We also accept E-Dinar payment, when invoiced you will receive the E-Dinar Number to pay – once paid into the account your service will become active.
We also accept Paysafe Number payment, when invoiced for your service you will receive the email to send the paysafe number, or you can pass it to one of our Live Chat agents and your service will be activated upon code validation.
Other payment methods are accepted, please talk to staff if you require a different gateway not mentioned.
Payment details are not kept on our servers.
Refund Policy – We are happy to process refunds where our services are faulty. If your service has no fault of ours, then a refund is not applicable.
We are happy to provide a 99.99% service level agreement. Should our services go offline you are applicable for a refund based on the calculation of the time your services are offline.
What do you mean by “Game Server”? – Our game server range is based on a container that has been given an IPv4 Address. You are free to choose what software you you like installed from our website – but this is not what you are being sold. You are paying us for the resources of our servers for your own private use. For example, if you order a rust server you are not paying for “rust” you are paying for a container to be provisioned with the allocated resources you have purchased and the software will automatically be downloaded from the website of the owner of the software.
Do we comply with the Terms of Service from the providers of this software? Yes. If you are free to download it and use it yourself from the software providers website you are allowed to install it in our containers because it works the same way, you are just downloading software and using it. Remember you are only paying us for the container – not the software.
Cancellations – Your subscriptions will remain active until cancelled. You must request to cancel your services 1 day before the next billing cycle to make sure you are not billed again.
After you have cancelled your subscription, you should also cancel the relevant payment subscriptions for example PayPal yourself to ensure you are not billed again. In the event you are billed due to non cancellation a credit will be applied to your account for future use, credit is non-refundable.
We reserve the right to cancel your services at anytime if we believe it is against our policies, against our values or could cause us harm of any kind.
Credit – any overpayments on your account, or pre-payments will be applied as credit. Credit is non-refundable and can be used for any of our services. If you would like to gift credit, please contact support.
Non Payment of Services
For non payment your services will become suspended automatically and late fees will be added. This means any content on your service you will not have access too and we will require payment before access is restored. If payment of a suspended service is not made it will be terminated at our discretion, meaning all files and any services that come with the suspended service will be deleted and removed there is no way we can get these back for you after termination.
We are proud of the support we offer our customers, we aim to answer almost all queries but have to put priority support to enquiries that relate to the services you have purchased or are purchasing. We are not developers of your service unless this specifically stated, for example web design services from us we are more than happy to help with your website but if you purchased a VPS and other hosting only services, support is limited to just server support and not scripting issues you may be having. We will try and help where we can but must prioritise support in a correct manner to ensure everyone is getting a good quality service and when we have time we may help with scripting issues.
We offer support in our Discord server, Live Chat and through email or ticketing system in the service area. If you have a problem that is not server related then you can ask it in the forums and we will try and help where we can, this makes it accessible to other users facing similar issues.
If you break any rules of the Discord server you will be forced to use the live chat, if you are banned from the live chat due to abuse or any other reason, you will be forced to use the ticketing system.
FiveM should be hosted on a Linux or Windows VPS, and we can help you get setup. We offer a basic shared server package for FiveM starting at £5, this is for testing or developing purposes and a VPS Should be used.
Service Level Agreement
The SLA applicable to all Services delivered to Customers. This SLA does not apply to the availability of Third Party Services which are subject to the 3rd Party Legal Agreements. The SLA is binding only on the Customer and Smarty Hosting and does not apply to any Third Parties, including Customer End Users or Friends. The issuance of SLA Credits (defined below) is the sole and exclusive remedy of Customer and Smarty Hosting’s sole and exclusive obligation, for any failure by Smarty Hosting to satisfy the requirements set forth in the SLA
1 Standard Support
(Free Support) which includes (One Hours Per Month) is defined as a basis for each customers basic support allotment, Smarty Hosting is at right at all times to request payment if support faults are originated from the client and in no way shape or form fault of Smarty Hosting.
It is at Smarty Hosting’s discretion to provide support for software configuration or any form of custom coding / scripting under the free support allotment.
1.1 Advanced Support (“Advanced Support”) is defined as advanced technical support for dedicated, virtual, gaming, voice and web hosting. This support can be used for any number of support services and includes server troubleshooting, software configuration, operating system configuration, operating system reinstalls, and any task that does not fall under the “free support” provided with the service. For various levels of support requirement a particular amount of time is provided and is at Smarty Hosting’s discretion whether it’s chargable or not.
1.1.1 Premium Support Instance
A (“Premium Support Instance”) refers to an instance of work, typically work actioned over a 24 hour period, this is undertaken by staff for the client, the client, when purchasing a premium support instance should raise a ticket with the support department stating the requested work in detail that they would like to have taken place, provide references such as URL to downloadable content etc. The staff “Agent” will then carry out such work if it can be completed within a reasonable time frame and if possible. The client may request amendments\additions after work has taken place however it is up to staff discretion if the amendments\additions requested are outside the support instance, if deemed to be a new premium support instance, the client must purchase a new instance if they want work to continue.
(“Network”) is defined as the equipment, software, and facilities within the Smarty Hosting’s infrastructure, including Smarty Hosting’s contracted connectivity services to which the Smarty Hosting hosting environments are connected and are collectively utilized by Smarty Hosting to provide dedicated, virtual, gaming, voice and web hosting services.
1.3 Service Availability
(“Service Availability”) is the total time in a calendar month that the Smarty Hosting infrastructure is available through the Internet, provided that client has established connectivity. Smarty Hosting takes responsibility for the service availability within its infrastructure, and cannot be held liable for problems directly related to an external bandwidth provider, hardware and or software fault.
1.4 Service Downtime
(“Service Downtime”) is any unplanned interruption in service availability during which the client is unable to access the services as described in preceding section 1.3, provided the interruption is determined to have been caused by a problem in the immediate Smarty Hosting infrastructure as confirmed by Smarty Hosting will measured as the total length of time of the unplanned interruption (complete outage) in service availability during a calendar month.
1.5 Scheduled Service Downtime
(“Scheduled Service Downtime”) is any scheduled interruption of service. Scheduled service downtime occurs during a Smarty Hosting standard server maintenance window, which occurs in conjunction with a 1 hour notice to the client via electronic communication. In (“Advanced Support”) downtime is coordinated with the client to the best of Smarty Hosting abilities as to align the window of maintenance with the clients explicit wishes.
1.6 Performance Credit
(“Performance Credit”) occurs when 100% uptime is not met. Smarty Hosting will refund the customer 5% of the monthly fee for each 1 hour of downtime up to 100% of the clients monthly fee. Downtime is measured from the time a trouble ticket is opened by a customer to the time the service is once again available.
Performance credit is completely at Smarty Hosting’s discretion and is only applicable if it’s the direct fault of Smarty Hosting. Performance credit is not included in the case of Server Attack of any type, Hardware Failure, Software Failure or any 3rd party failure.
1.7 Monitoring Service
(“Monitoring Service”) is the service Smarty Hosting provides in order to analyze availability of services and applications through its internal monitoring system.
2 Billable System Administration
(“Billable System Administration”) is operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the service in question.
Services have a specified amount of “free hours” support that are included. In the event these are exceeded billable system administrations will apply, based on approval from client and the discretion of Smarty Hosting.
System administration of the client’s server.
Software installations performed by Smarty Hosting
Virus and security scans of the server.
Configuration of the operating system or services provided on the server.
Security auditing and resource management & efficiency of the server.
3 Service Exclusions.
3.1 This SLA does not cover service downtime caused by problems in the following:
Client’s local area network.
Client-provided Internet connectivity or end-user software.
Entities inside client’s internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
Any predetermined scheduled service downtime.
Any problems beyond the immediate Smarty Hosting’s infrastructure.
Any interruptions, delays or failures caused by client or client’s employees, agents, friends, or subcontractors, such as, but not limited to, the following:
Non-compliant use of any software installed on the server.
Client initiated server over-utilization.
Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
Problems associated with Operating System, Software, Applications and 3rd Party interactions.
4 Service Hardware and Software
4.1 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease.
4.2 Hardware Replacement Guarantees and service levels are defined as applying to servers less than 12 months in production and apply only to verified server vendors such as Supermicro, Dell, HP and IBM. Hardware Replacement Guarantees are only available in certain datacenters of which the client will be notified upon reporting a hardware specific issue.
4.3 Hardware Replacement will occur within 12 twelve hours of the reported problem in supported datacenters. The client will be notified by support in the instance were hardware can-not be replaced under this time and is subject to section 4.2.
4.4 Restoration : Is defined as returning the service to its original state before the date the service went offline. If hardware failure causes corrupted operating system, data files, or damaged service configurations, Smarty Hosting will restore the system to its original state if possible however maintains no responsibility of backup data or integrity of the restoration. If Smarty Hosting is unable to restore any of the configuration a new installation of the service will be provided free of charge.
4.5 Smarty Hosting is not responsible for the restoration of data. If hardware failure is experienced and subsequent data loss occurs, client is ultimately be responsible for data restoration. Smarty Hosting shall not be liable for loss of data under any circumstances.
4.6 Hardware Upgrade is the cost of the hardware peripherals at the time of ordering the server & on subsequent upgrades can be different. A one time setup fee would be applicable in certain upgrade requests.
4.7 Smarty Hosting does not take responsibility for the overall security of the service. If any services are compromised in any way, Smarty Hosting reserves the right to immediately audit the service and server. Smarty Hosting reserves the right to cancel the service if any of the services are compromised via the implementation of weak password schemes, elderly backend application content and scripting, or via other blatant disregard to simple security measures. A fee will be incurred in respect to any security related work performed due to any such service being compromised by negligence on the part of the client.
4.8 Service Migration : If a customer wishes to migrate from one service to another service, they would have to go through the 30 (thirty) day notice period for the old service also. The old service would have to be cancelled & a new service order would have to be placed. Data migration would commence only after both the formalities have been completed. There would be no charges for migration of data when it has to be done from one service of Smarty Hosting’s network to another service within the Smarty Hosting’s network. Customer charges are applicable for data to be moved into Smarty Hosting’s network and charges would be applicable on a per migration basis.
Terms for Affiliates
Anyone is allowed to sign up to our affiliate system. These are the terms that must be followed and if caught breaking these terms your affiliate will be removed & any pending commissions forfeit.
When a purchase is made from your link, it will be pending for 7 days and then released to you for repayment.
Multiple chargebacks or fraud will cause your account to be disabled.
We reserve the right to disable your affiliate account at any time without notice.
We want to keep a good standing in most online communities, if your affiliate link is found in any nulling, leaks, fraud or other black hat websites your account will be disabled.
Payouts from our affiliate must be requested via a support ticket in the service area. Payouts can take up to 7 working days.