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Experience reliable, secure, and scalable colocation hosting with eServers UK. Choose from secure cabinets, cages, or private suites — all supported by redundant power, cooling, and 24/7 expert support.
This agreement, known as the Hardware as a Service Lease Agreement (Haas), establishes a formal contract between eServers LTD and the Client. The purpose of this agreement is to facilitate the lease or lease-to-own arrangement for specific computer hardware equipment. It is important to note that the designated equipment will be situated, overseen, and provided support exclusively within the eServers LTD facility.
The Haas agreement's duration is established when a valid Service Order Form ("SOF") is signed and lasts for 12, 24, or 36 months, depending on the chosen term. After the initial term concludes, the agreement automatically renews for another term. At this point, the Client can decide to acquire full ownership of the hardware or continue using it on a monthly basis without any buyout provision.
When the Service Order Form is signed, the Client has the choice to buy the hardware at the end of the Term, provided the Lease to Own option is selected on the form. To exercise this option, the Client must indicate on the relevant Service Order Form whether they want to purchase the specified hardware at the agreed-upon Term's conclusion or continue monthly usage. The Buyout price for each specified piece of hardware is set at one dollar ($1.00). It's important to note that each Service Order Form related to leased hardware constitutes a distinct lease-to-own agreement. This agreement becomes binding upon execution by the Parties, including their successors, legal representatives, and permitted assigns. The terms outlined in this agreement, along with those specified in the Service Order Form or Order Forms, govern the lease-to-purchase arrangement and the ongoing use of the hardware.
The Client is required to make the monthly payment specified in the Service Order. Additionally, there may be a Setup fee, which is equal to one monthly payment under the Hardware as a Service Agreement. If payments are not made on time, a 10% per month interest will be applied to any overdue balances.
If the Client chooses the Lease to Own option, there won't be any prepayment penalty. The Lessee has the opportunity to buy the specified Hardware before the expiration of the HOF by paying all the monthly rental amounts in advance. Once all the owed funds are received, the Lessor will transfer all rights, title, and interest in the relevant Hardware, subject to sale.
eServers LTD will provide appropriate facilities and electricity in one of its managed locations, as selected by the Client. The Client will have possession of the equipment within a licensed space, which can be relocated from an eServers LTD facility only upon Buyout. eServers LTD will take care of all alterations, upgrades, and modifications to the Equipment.
The monthly service payment covers all expenses related to hardware, software, operating systems, and the required labor to upkeep the listed Equipment Schedule(s) in the Service Order Form. eServers LTD will offer Best Effort Support, and the Client is accountable for:
The eServers LTD Service Level Agreement ("SLA") outlines the terms for utilizing eServers Hardware as a Service (“HaaS”) as specified in the Master Service Agreement (the "MSA") between eServers and its Clients. We retain the right to make changes to this SLA in accordance with the terms of the MSA.
We assure a 4-Hour Hardware Replacement Guarantee. If any hardware within eServers Host's data center fails and is reported by the Client, we commit to replacing it within 4 hours of identification.
If we fail to replace the hardware within 4 hours, eServers will credit the Client for one day of their monthly hosting charges. Additional credits will be provided for each subsequent four-hour block beyond the initial guarantee, up to 100% of the monthly payment if necessary. Requests for credit must be submitted within 7 days of the hardware replacement.
It's important to understand that the replacement guarantee specifically covers the failed hardware itself. The time taken for tasks such as reloading the operating system, applying data restorations, and backups (if needed) is not included in the calculation of the hardware outage time.
If you encounter any hardware operational issues, please open a support ticket with eServers LTD Support at support@eServers.uk. We commit to responding to service requests within four hours and will take care of repairing or replacing the faulty hardware as necessary. It's important to note that any repairs resulting from misuse or third-party intervention will be the responsibility of the Client. eServers LTD reserves the right to decide on required hardware upgrades, and any resulting increase in the Client's monthly fees will be at our discretion.
It is the Client's responsibility to regularly back up their content to a remote location. eServers LTD does not assume any responsibility and relinquishes liability for data loss caused by system or hardware failure.
eServers LTD assures that we will acknowledge any service request within four hours.
The computer hardware always stays with the Client unless they choose the Buyout option. It's important to recognize that the Equipment is considered individually identifiable personal property.
eServers LTD has a security interest in the computer hardware. In the event of a default by the Client, eServers LTD retains the right to reclaim all supplied computer equipment, irrespective of any Order or Service Order(s).
The Client is considered in default if:
If there is a default, the Consultant has the right to take various actions, which may include terminating the agreement and reclaiming the equipment.
When the Lease is concluded, the Lessee is responsible for returning the Hardware to the Lessor at their own expense. The Hardware should be in the same operational order, repair, condition, and appearance as it was on the Installation Date, except for reasonable wear and tear. The Lessee is obliged to arrange and cover any necessary repairs for the manufacturer to accept the Hardware under contract maintenance. In the case of Lease to Own termination, the Lessee is required to acquire all relevant equipment specified in the corresponding HOF. Upon Buyout, the Lessee will become the owner of the purchased hardware. The Lessor will promptly furnish all documentation for hardware conveyance and deliver it to the Lessee as specified by the Lessor. The Lessee is obligated to adhere to all governmental laws, regulations, and insurance requirements related to the use, maintenance, and operation of the Hardware.
The Lessor is accountable for all costs and expenses associated with this Agreement or the Hardware, unless otherwise specified herein.
The eServers Service Level Agreement ("SLA") outlines the use of eServers Colocation as per the Master Service Agreement (MSA) between eServers Host, LLC., and its Clients. This SLA adheres to the terms of the MSA, with any modifications subject to the MSA.
eServers guarantees continuous operation of data center heating, ventilation, and air conditioning (HVAC) systems and power, except during planned maintenance. Any downtime caused by power, heat, or humidity issues affecting critical system equipment is categorized as infrastructure downtime.
Clients are required to keep an eye on services and quickly notify eServers through email at support@eServers.uk of any identified failure events. eServers will kick off a response within 15 minutes based on the response plan provided by the Client.
Clients can choose to obtain power from Primary/Secondary systems to enhance redundancy, a highly recommended measure for ensuring mission-critical uptime. The total amperage across both circuits in a Primary/Secondary setup should not surpass 40% of their combined total load. eServers offers outlets for both Primary and Secondary Power drops, but it is the Client's responsibility to utilize redundant power supplies or an Automatic Transfer Switch (ATS) for outage failover. eServers does not assume responsibility for the performance of Client equipment during transitions.
In a Primary power setup, the client will receive up to 80% of a breakered circuit, in accordance with the 2008 NEC Section 210-19a. If it's a Primary/Secondary power arrangement, the allocation decreases to 40% of the total breakered circuit.
The table below explains the exclusive solution available to the Client in the event of failures to meet the Facility Service Level Objectives in data center colocation services.
Clients are required to keep an eye on services and promptly notify eServers via email at support@eServers.uk of any identified failure events. eServers will start responding within 15 minutes based on the response plan provided by the Client.
eServers is committed to maintaining an ambient temperature of 72 degrees Fahrenheit, with a permissible range of plus or minus 5 degrees (72°F ± 5°F), measured at the closest supply grill at all times. It's the client's responsibility to monitor temperature changes that may require a credit and to request on-site staff to measure the temperature.
eServers aims to maintain a consistent ambient humidity level of 45 percent, with an acceptable range of plus or minus 15 percent (45% ± 15%). The client is responsible for keeping an eye on humidity fluctuations that may qualify for a credit and should ask on-site staff to measure the humidity when needed.
The table below details the exclusive remedy available to the Client in the event of failures to meet the Facility Service Level Objectives in data center colocation services:
This Network SLA is specifically for clients using eServers network services. If the Client utilizes a third-party carrier, eServers Host's Network SLA does not apply, and the Client depends entirely on that carrier's SLA.
eServers guarantees 100% network availability throughout the billing cycle, except during scheduled maintenance and promotional bundles that involve bandwidth. No credit is offered if downtime occurs due to specific causes outlined in the agreement.
Clients are required to report downtime incidents to eServers either via email to support@eServers.uk or by submitting through eServers Host’s portal at https://portal.eServers.uk within three (3) days of the event's start. Each report should cover only one event. Please provide details like service type, IP Address, and a thorough description of the service interruption, including any applicable logs. Downtime officially begins when eServers receives the email "ticket" confirming an outage and ends when eServers Host, at its sole discretion, resolves the issue.
Clients who are currently behind in payments or have been late three or more times in the previous 12 months are not eligible for an SLA credit for Downtime. Valid SLA claims cannot be credited if a Client has outstanding abuse issues. However, once the Client resolves their abuse issues, eServers will happily credit all valid claims. Making false or repetitive claims may result in a $50 fee per incident and may violate the account's Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities, such as attacks or counter-attacks, are in violation of the Acceptable Use Policy and Terms and Conditions and are therefore not entitled to SLA credits.
eServers ensures that its professionals respond to Client support tickets or inquiries submitted to support@eServers.uk within a 20-minute timeframe.
If specified in the Client Service Order Form (SOF), the Client is allowed to undertake work in the Client Area or designate someone to perform such work. The following provisions apply to this work:
This addendum, known as the Technical Addendum, outlines the Managed Services provided by eServers for managing and monitoring client infrastructures and environments (the "Services"). eServers LLC commits to delivering the Services detailed in this agreement through its internal support department. The Agreement between the Client and eServers specifies the service description and obligations governing eServers Host's provision of Services to the Client and the Client's use of those Services. Managed Services are provided by eServers under the Master Service Agreement ("MSA"), incorporated herein by reference, along with these terms and conditions. This Agreement includes the terms and conditions presented here, the MSA, and any other relevant terms and conditions for additional eServers Services ordered or used by the Client, fully integrated herein (collectively, the "Agreement"). In the event of a conflict between the Terms and Conditions and a Custom Statement of Work ("SOW"), the SOW will take precedence.
The services detailed in this document, along with optional customized services, are designed to outline the specific support services, activities, and deliverables that eServers will provide to the Client through this Managed Services offering. eServers will deliver the services described below and/or any additional customized services specified on the Service Order Form ("SOF") or Statement of Work ("SOW") for which eServers has received the corresponding fee.
There are three available packages for managed services:
eServers Host's managed services offering follows the guidelines outlined in the Service Level Agreement ("SLA") addendums. For details regarding credits, please refer to the corresponding SLA addendum.
eServers extends its managed services offering to eServers Clients. Clients are required to provide the necessary credentials for accessing their environments. Clients confirm that their owned or leased hardware and software are in good working condition. eServers does not conduct a health test on the Client's environment before providing the Services outlined herein. If eServers determines that the client environment was not in good working order before or during the service delivery, additional charges may apply. Clients should submit any modifications or related requests for this offering through the standard support ticket process outlined in the MSA at support@eServers.uk .
UNDER NO CIRCUMSTANCES WILL eServers BE HELD LIABLE FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATED TO THE MASTER SERVICES AGREEMENT, MANAGED SERVICES, OR ANY THIRD-PARTY SOFTWARE. eServers IS NOT LIABLE FOR ANY PROGRAMS OR DATA USED WITH THIRD-PARTY SOFTWARE, INCLUDING ANY LOSS OF PROGRAMS OR DATA OR THE COSTS ASSOCIATED WITH DATA RECOVERY. THE TOTAL CUMULATIVE LIABILITY OF eServers CONCERNING THIS AGREEMENT AND ANY SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID FOR THE SERVICES BY THE CLIENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. THE CLIENT ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK AS SET FORTH IN THIS AGREEMENT, AND eServers WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH WILL BE INTERPRETED BROADLY TO LIMIT THE LIABILITY OF eServers Host.
eServers Host's Security Services offer clients a flexible information security solution designed to identify and alert against potential security threats to their environment. This exclusive system integrates advanced hardware, software, and security industry expertise to actively observe and monitor client networks, endpoints, and related events, detecting anomalous actions and potential security risks.
This Security Services Addendum ("SSA") details the specific terms and conditions for eServers to provide Information Security Services to the Client. The Master Service Agreement, established between eServers and the Client, fully integrates the terms outlined in this addendum. By endorsing the Master Services Agreement, the Client acknowledges and agrees to the terms and conditions presented here. Any capitalized terms not defined in this document will carry the meanings assigned in the Master Services Agreement. The Initial Term duration for this Service is specified on the relevant Service Order Form ("SOF"), mutually executed by eServers and the Client, referencing these Services. In the context of this agreement, "Agreement" encompasses the Security Services Addendum, the MSA, and all policies and addenda referred to herein by reference, including the Statement of Work (SOW), Responsibility Matrix ("RM"), Service Level Agreement (SLA), Acceptable Use Policy ("AUP"), and Privacy Policy ("PP"). These terms and conditions regulate the Security Services Addendum.
eServers will assess the Client's existing computer networking setup, hosting, and data security needs, subject to the Client granting access. The services provided by eServers will be designed to integrate seamlessly with the Client's platform, ensuring a secure environment aligned with the specifications and industry standards outlined in the agreed-upon Statement of Work (SOW). In the event of the agreement's termination or expiration between eServers and the Client, the Client has the option to either renew the agreement or engage another third-party provider for Security Services. If the Client opts for a transition, eServers will exert commercially reasonable efforts to facilitate a swift, cost-effective, and efficient transfer to the new provider. This transition will aim for continuity, ensuring a seamless and secure shift with minimal disruption to business operations.
eServers will follow industry best practices in creating and rolling out products and services, incorporating robust system security measures to safeguard client data. This involves conducting tests for application vulnerabilities, securing electronic communications, and implementing safeguards to prevent any unauthorized access or disclosure of client data.
To bolster security, eServers deploys and manages intrusion detection systems at both network and host levels. These systems act as a protective shield, identifying and thwarting any undesired or hostile network traffic. We diligently keep the intrusion detection software up-to-date, promptly installing updates provided by the software provider. Our system is designed to promptly notify eServers of any unusual or malicious activities, allowing us to take swift action. In the event of a significant intrusion impacting customer data, we commit to notifying the affected clients within twenty-four (24) hours.
To enhance security measures, we conduct penetration tests at least once a year through a Qualified Security Assessor (QSA). These tests aim to identify potential risks and vulnerabilities in our system. It's important to note that the reports and findings from these tests are not publicly disclosed but can be made available upon request. We kindly remind our clients that they are not authorized to perform vulnerability scans, assessments, or penetration tests against eServers Host's service infrastructure. If there are any inquiries or requests for information regarding our penetration tests, clients are welcome to reach out, and we will provide the necessary details.
At eServers Host, we prioritize the secure configuration of our infrastructure and platforms. We implement robust security measures, including meticulous audit logging practices and duplication of logs for offsite archival. Our commitment extends to adhering to industry best practices in network security, maintenance, and change control to ensure the utmost security for our systems.
We utilize a range of scanning methods, encompassing perimeter scanning, internal infrastructure scanning, and malware scanning. These practices are complemented by secure configuration methods, effectively mitigating potential vulnerabilities within the system.
eServers has established policies and procedures for managing security incidents. If there's a breach affecting a client's environment or data, eServers ensures swift notification to the impacted Client(s) within twenty-four (24) hours. We conduct thorough investigations, implement necessary remedial actions, and designate a Single Point of Contact (SPoC) to address client queries or concerns throughout the investigation.
eServers utilizes a strong patch management process and tools to keep all servers up-to-date with important security and feature patches. Our documented remediation process promptly tackles identified threats and vulnerabilities within the eServers Service.
eServers upholds an extensive written information security policy, approved and communicated annually to all employees and relevant third parties. A dedicated security and compliance function supervises system integrity, risk assessment, and management in accordance with industry standards.
eServers guarantees that all employees and clients undergo essential training, including security awareness training, annually at no cost to the client.
Every year, eServers and the Client hold a meeting to evaluate the effectiveness of the security platform and discuss any updates or enhancements in electronic data security.
Access to eServers Host's facilities, utilized in providing services, is restricted to authorized personnel. This restriction is enforced through industry-standard physical security methods, including the use of restricted access key cards, visitor sign-ins, and burglar alarm systems.
eServers upholds a business continuity plan designed for the restoration of critical processes and operations. Additionally, an annually tested disaster response plan is in place to facilitate efficient reactions to disasters.
The Client has the right, or may designate a third party on its behalf, to conduct an annual visit to eServers Host's offices, at its own cost, for due diligence and auditing procedures related to eServers Host's business operations tied to the eServers Service. To preserve the confidentiality and proprietary nature of this access, the Client agrees to abide by a Non-Disclosure Agreement and refrain from documenting or removing information from eServers Host's premises.
The Client should promptly document and report any system errors or malfunctions covered by this agreement to eServers Host. eServers will provide all necessary spare parts and hardware needed to maintain its equipment for fulfilling any service under this Schedule. The Client agrees not to use any resources provided by this agreement, tangible or intangible, for unlawful purposes or against eServers Host's Network Abuse Policy and/or Acceptable Use Policy, as outlined on its website. The Customer recognizes that eServers Host's performance and delivery of services depend on: (A) providing safe and hazard-free access to its personnel, facilities, equipment, hardware, network, and information, and (B) timely decision-making, provision of accurate information, and reasonable assistance, including granting approvals or permissions necessary for eServers to perform and deliver the services. eServers will be excused from its failure to perform its obligations under this Addendum if such failure is solely caused by the Customer’s delay or failure in performing its responsibilities under this MSA and/or the Service Order/SOW.
The specific duties, scope, locations, deliverables, standards, activities, and general requirements for any Information Security Service offered by eServers to a Client will be detailed in a Statement of Work ("SOW") and a Responsibility Matrix (“RM”).
eServers is committed to providing Security Services with a Monthly Uptime Percentage of 100%, except during scheduled maintenance. In the event of an incident, eServers will promptly acknowledge the impact and propose mitigation actions within specified timeframes. If eServers fails to meet the Monthly Uptime Percentage commitment, the Client may qualify for a Service Credit, as detailed below.
If, in any given month, the Security Services for a Client experience an uptime percentage below 100%, that Client is entitled to receive a 10% Service Credit for each thirty-minute period of Security Services Unavailability. The maximum Service Credit allowable is equivalent to one full month's billing. Service Credits are applicable solely to instances of unavailability in the following areas:
eServers will offset any Service Credits against upcoming payments from the Client, taking into account the least available Service during the respective month, under the condition that:
Service Credits do not grant the Client any refund or additional payment from eServers Host, and they cannot be transferred or used for any other account. Unless otherwise stated in the Agreement, Service Credits serve as the exclusive remedy for any Service unavailability or non-performance.
To be eligible for a Service Credit, the Client must submit a request via email to noc@eServers.uk The credit request must meet the following criteria:
If eServers verifies that the Monthly Uptime Percentage falls below 100% for the Service Month as per the request, eServers will apply the Service Credit to the Client's account within one Service Month after confirming the request. Failure to provide the necessary request and information within the specified timeframe will disqualify the Client from receiving a Service Credit. eServers Host's data and records will be the primary factors in validating claims related to Unavailability.
The Service Commitment does not encompass instances of unavailability, suspension, or termination of Security Services, or other performance-related issues:
If factors not explicitly listed affect availability, eServers may, at its discretion, issue a Service Credit taking such factors into consideration.
If eServers fails to meet the SLA goal due to issues related to Client behavior, performance, or the Client's equipment, eServers cannot offer a credit. Additionally, circumstances beyond eServers Host's reasonable control, such as acts of any governmental body, terrorism, war, or other events, exempt eServers from liability.
eServers does not offer explicit or implied warranties regarding product merchantability or fitness for any specific purpose. Although our services are designed for resilience, it is the Client's responsibility to plan for disasters. We recommend maintaining off-site backups for critical data in the event of a critical failure or disaster.
eServers will not be responsible for any loss or damage resulting from a distributed denial-of-service attack, viruses, or other harmful technological material that may affect client equipment, programs, networks, or other proprietary material while using the services or items obtained through the service or website. We do not make any warranties or representations regarding the completeness, security, reliability, quality, functionality, or availability of the services. The services are provided "as is" and "as available," without any warranties. eServers disclaims all warranties, express or implied, statutory or otherwise, including but not limited to merchantability, non-infringement, and fitness for a particular purpose. eServers Host's total liability, whether in contract, tort, or otherwise, for all liability claims arising out of or in connection with the agreement, shall not exceed the amounts paid by the client for the services that gave rise to a liability claim. This provision does not affect any warranties that cannot be excluded or limited under applicable law. This section remains valid even after the expiration or termination of the agreement. Under no circumstances will eServers Host, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any damages of any kind, regardless of the legal theory, arising out of or in connection with your use of the services. This includes direct, indirect, special, incidental, consequential, or punitive damages. This provision does not affect any liability that cannot be excluded or limited under applicable law.
Any legal action or claim arising from or related to these terms of use, the service, or the website must be initiated within one (1) year from when the cause of action accrues. Failure to do so will result in the permanent barring of such action or claim.
eServers is not responsible for the loss or corruption of data. Clients are advised to keep copies of their data. In case of data loss or damage, eServers will notify the Client through email at the provided address. It is the Client's responsibility to ensure that the provided email address is valid.
By agreeing to this contract and utilizing the services, the Client gives consent to eServers for accessing the Client’s networks and computer systems. This includes actions such as using, disclosing, intercepting, transmitting, receiving, analyzing, processing, copying, editing, encrypting, decrypting, and storing the Client’s Information. The Client affirms compliance with all relevant data collection and transfer laws and assures that necessary consents or licenses have been obtained to facilitate eServers in delivering the Services.
The Client is obligated to protect, indemnify, and release the eServers Indemnified Parties from any damages, liabilities, claims, actions, or costs incurred due to the Client's actions or omissions. This includes matters related to intellectual property rights, violation of laws, failure to secure necessary consents, breach of warranty or Agreement, Services use by the Client or its affiliates, negligence, intentional misconduct, or wrongful acts. This section outlines the exclusive remedies for any third-party claims for each party and does not impose an obligation on either party to offer greater indemnity.
eServers has the right to assign or subcontract this Agreement while retaining responsibility for the performance of services. However, neither party can assign this Agreement without the prior permission of the other party.
This section outlines the distinctions between recurring and non-recurring charges and fees:
Initial Monthly Recurring Charges refer to the initial monthly fees, subject to modification through mutual agreement.
The eServers Service Level Agreement (SLA) outlined here defines the rules for using eServers Bare Metal Servers and Bare Metal Cloud (BMC) under the Master Service Agreement (MSA) between eServers Host, LLC., and its clients. This SLA follows the terms set in the MSA, and any capitalized terms carry the meanings defined in the Agreement. We have the authority to make changes to this SLA in accordance with the MSA.
Bare Metal Servers SLA
Typically, eServers aims to set up a client's new server within 4 hours under standard conditions, assuming the order doesn't involve special instructions, require MSSQL installation, or need an on-board RAID configuration. Regardless of the specific configuration, we assure that all orders will be deployed within 24 hours of payment verification.
If eServers falls short of fulfilling this commitment, we will provide a 10% credit of the service cost towards the client’s initial month's hosting fees. To avail of this credit, the client needs to notify us within 7 days of the missed deployment.
Network Downtime refers to instances where a client's server is incapable of sending or receiving data to/from the Internet due to a malfunction in the network equipment owned and managed by eServers Host.
eServers Host's Network includes its foundational hardware infrastructure, encompassing routers, switches, and cabling. This definition excludes any services or software running on the server or its hardware.
If there is downtime, eServers will credit the client’s account with 5% for every 30-minute segment of downtime, up to the total monthly cost. However, clients are not eligible for credit if the downtime is caused by:
Clients must report downtime incidents either via email to support@eServers.uk or through eServers Host’s portal at https://billing.eServers.uk within 3 days of the event's onset. Each report should pertain to a single event and include details such as service type, IP Address, a comprehensive description of the service interruption, and relevant logs if applicable. Downtime is officially acknowledged from the moment eServers receives the email "ticket" until eServers Host, at its sole discretion, resolves the issue.
Clients who are currently in arrears with payments on their accounts or have fallen behind three or more times within the preceding 12 months are not eligible for an SLA credit for Downtime. Valid SLA claims cannot be credited if the client has outstanding abuse issues. However, once these issues are resolved, eServers will duly credit all valid claims. It's important to note that making false or repetitive claims will incur a $50 charge per incident and may result in a violation of the account's Acceptable Use Policy and Terms and Conditions. Engaging in malicious or aggressive Internet activities, such as attacks or counter-attacks, also constitutes a violation of the Acceptable Use Policy and Terms and Conditions.
eServers guarantees that one of its skilled professionals will respond to client support tickets or inquiries within 20 minutes of submission. This commitment applies to support tickets sent via email to support@eServers.uk or submitted through the portal at https://billing.eServers.uk .
4 Hour Hardware Replacement Guarantee: In the event of hardware failure within eServers Host’s data center, eServers is dedicated to replacing the faulty hardware within 4 hours of receiving notification of the failure. Clients can report a failure by sending an email to support@eServers .uk or by submitting a ticket through the portal at https://billing.eServers.uk.
If eServers fails to replace the hardware within 4 hours, the client will be credited for one day of their monthly recurring hosting charges. Additional credits of one day each will be issued for every four-hour block beyond the initial guarantee, up to a total of 100% of the client’s monthly recurring payment if necessary. Official credit requests must be submitted within 7 days of the hardware replacement, either via email to support@eServers.uk or by submitting a ticket through the portal at https://billing.eServers.uk In case of hardware failure within eServers Host’s data center, eServers is committed to replacing it within 4 hours of receiving notification of the failure. Clients can report a failure by sending an email to support@eServers.uk or by submitting a ticket through the portal at https://billing.eServers.uk
Bare Metal Cloud (BMC) SLA:
The Bare Metal Cloud (BMC) is an integral component of eServers Host’s Infrastructure-as-a-Service (IaaS) offering. It is specifically designed for modern IaaS business consumers who rely on high automation levels and adopt a DevOps approach to software development and IT operations. BMC serves as a complement to existing bare metal services, offering highly automated workloads through a modern API management platform. It leverages advanced server technology and a high-capacity network to facilitate infrastructure deployment in a fully automated, pay-as-you-go model. It's important to note that BMC Edge locations operate under best-effort service restrictions due to their unique nature and accessibility. To enhance clarity, BMC Edge Instance types are distinctly marked with the letter "E" or "e" in the instance naming policy. This designation is visible in the BMC Portal and API documentation.
Bare Metal Cloud SLA's
In the majority of situations, eServersmakes every effort to deploy the client's new server instances within a matter of minutes. Irrespective of the configuration, eServersguarantees server deployment within 24 hours, starting from the verification of the client's order and validation of the payment method. It's important to note that while eServersstrives for prompt deployment, BMC Edge locations may experience more restricted availability, potentially resulting in extended deployment times in rare instances.
Network Downtime is defined as situations where a client's server is unable to send or receive data to/from the Internet due to a failure in the network equipment owned and managed by eServers Host.
eServers Host's Network comprises all infrastructure hardware, including routers, switches, and cabling. Notably, it excludes any services or software operating on the server or its hardware.
eServersprovides compensation for network downtime incidents by crediting the client's account with 5% for each 30-minute period of network downtime, up to the total monthly cost. Clients won't qualify for credit if downtime occurs due to:
Clients are required to report downtime incidents by emailing support@eServers.uk or through eServers Host’s portal at https://billing.eServers.uk within 3 days of the event's commencement. Each report should pertain to a single event and include details such as service type, IP Address, a comprehensive description of the service interruption, and relevant logs if applicable. Downtime is officially recognized from the moment eServersreceives the email "ticket" until the issue is resolved at eServers Host's discretion.
Clients who have outstanding payments or three or more instances of delayed payments within the last 12 months are not eligible for an SLA credit for Downtime. Valid claims cannot be credited if clients have unresolved abuse issues. However, upon resolution, eServers will credit all valid claims. Making false or repetitive claims will result in a $50 charge per incident and may lead to a violation of the account's Acceptable Use Policy and Terms and Conditions. Engaging in malicious or aggressive Internet activities is also considered a violation of the Acceptable Use Policy and Terms and Conditions.
eServersis committed to providing prompt assistance to our clients. Our team of skilled professionals guarantees a response to support tickets or inquiries within 20 minutes of submission. You can reach out to us by sending an email to support@eServers.uk or by submitting your request through the portal at https://billing.eServers.uk Your satisfaction and efficient communication with us are our top priorities.
Assurance of our Best Effort Hardware Replacement: In the event of a hardware failure within eServers Host's data center, rest assured that we are committed to promptly replacing the affected hardware. To report any such issues, please reach out to us by emailing support@eServers.uk or by submitting a ticket through our portal at https://billing.eServers.uk It's important to note that replacement times for Edge locations may be subject to certain restrictions and additional time considerations. Your satisfaction and seamless service are our top priorities.
Applicable to services that necessitate a minimum commitment of one month.
Relevant to services that are billed at an hourly rate.
Monthly charges for BMC Instances (servers) are invoiced after usage in a post-use model.
Megaport Cloud Router (MCR) SLA
The Megaport Cloud Router (MCR) is a professionally managed virtual routing service from a third-party. It's specifically designed to create Layer 3 private connections between different networks and service providers. This service makes it easy to connect two or more independent Virtual Cross Connect (VXC) services within a single routing domain. This, in turn, establishes Internet Protocol (IP) connectivity among all VXCs linked to that MCR.
The goal of the MCR service is to achieve a 100% service availability target.
The calculation is performed for each Charging Period by dividing the Uptime by the total minutes in the Charging Period minus any Excused Downtime. The result is then expressed as a percentage.
This pertains to the relevant charging period mentioned in the Service Order. In case it is not specified, a monthly charging period will be applied.
The time when the MCR is operational during the Charging Period, efficiently routing packets between connected VXCs.
It includes the minutes in the Charging Period, rounded to the nearest minute, when the link state of the Client's MCR is not available. This unavailability can be due to various factors specified, including actions of the Client or authorized users, third-party network faults, maintenance activities, and more.
Where:
Additional Notes and Conditions
Clients are required to report downtime incidents by emailing support@eServers.uk or submitting through eServers Host’s portal at https://billing.eServers.uk within three (3) days of the event's start. Each report should cover a single event and include details such as service type, IP Address, a detailed description of the service interruption, and relevant logs if applicable. The official downtime period begins when eServersreceives the email "ticket" confirming an outage and ends at eServers Host's discretion upon issue resolution.
Clients who have overdue payments or multiple delayed payments within the last 12 months are not eligible for an SLA credit for Downtime. SLA claims cannot be credited if there are unresolved abuse issues with the Clients. However, once these issues are resolved, eServerswill credit all valid claims. Making false or repetitive claims may result in a $50 charge per incident and could lead to a violation of the account’s Acceptable Use Policy and Terms and Conditions. Clients engaged in malicious or aggressive Internet activities are also disqualified from receiving SLA credits.
20-Minute Support Response Guarantee: Rest assured that at eServers Host, our skilled professionals are committed to responding to your support tickets or inquiries within 20 minutes of submission. This guarantee applies specifically to support tickets sent via email to support@eServers.uk .
Subject to eServers DC's acceptance of an order and in accordance with the terms of the MSA, eServers commits to providing the services with reasonable commercial efforts. eServers retains the right to reject service requests at its sole discretion. Clients are responsible for paying all charges in advance, covering monthly fees, additional product charges, and optional fees incurred. Payment methods accepted include check, PayPal, Wire, or credit card. By authorizing eServers Host, clients permit automatic monthly charges. Third-party services are delivered by the respective third parties, and eServers is not responsible for their provision.
Clients must be at least 18 years old or have the legal capacity to order services. If ordering services on behalf of an employer or legal entity, the client represents that they have the legal right and authority to order services and agree to be bound by this MSA.
Ordering and Modification of Services
Clients have the option to order services and upgrades either through the Client Portal or as specified by eServers DC. The acceptance of orders is at the discretion of eServers DC, and clients will be notified of the acceptance through the Client Portal. For downgrades or cancellations, clients must submit written notices through support@eServers.uk and the Client Portal at least 24 hours before 00:00:01 CST (GMT-7) on the Anniversary Billing Date. Failure to provide notice will result in charges for the services during the Renewal Term. If services are canceled within the 24-hour notice period, they will remain accessible until the automated process reclaims the server on the Anniversary Billing Date.
Subject to this MSA, eServers grants Clients a non-exclusive, non-transferable, revocable right in the Services for internal purposes, to use and access the Services, and create and offer Client Offerings.
Clients commit to abiding by laws, ensuring timely fee payments, upholding security measures, cooperating with eServers Host’s investigations, adhering to license terms, providing accurate Account Information, taking responsibility for Service usage, following TPS Agreements, preventing unauthorized access, and incorporating pertinent terms of this Agreement into Client End User agreements. It's crucial that clients refrain from using the Services in situations where failure could lead to death, injury, or physical/environmental damage. Additionally, reselling Services to Third Parties necessitates a reseller agreement with eServers Host.
Regarding Third Party Services obtained through TPS Agreements, it's important to note that eServers is not liable; the sole responsibility lies with the Third Party provider.
All users of eServers DC (eServers Host) services are required to adhere to the following acceptable use policies. eServers retains the right to make changes to these policies at any time, and any updates will be posted at https://www.eServers Host/legal. It is the users' responsibility to routinely review the AUP to ensure compliance with the latest version. By continuing to use the services after any changes, users are considered to have accepted the updated modifications. Any concerns about violations of these AUPs should be addressed to support@eServers.uk
Introduction
The Acceptable Use Policies below define the acceptable behavior while using eServers Host's services and the potential actions eServers may take in response to any misuse, with or without prior notice. These policies are based on relevant laws and widely accepted standards of internet conduct. Their purpose is to protect eServers Host's technical resources, ensure the delivery of high-quality services, and uphold the company's reputation. Users are required to adhere to the following AUPs:
Exporting encryption software outside the U.S. via the Internet or any other means is not allowed.
When accessing other networks connected to eServers Host’s services, it is important to adhere to the rules of those networks and comply with eServers Host's policies.
eServers retains the right to monitor all communications through its facilities to ensure compliance with this AUP and eServers Host’s Terms and Conditions. Please be aware that no expectation of privacy is granted.
eServers collaborates with law enforcement to investigate illegal activities, such as the transfer of illegal materials, threats, or other unlawful activities.
eServers will not disclose user or client Personally Identifiable Information (PII) unless a valid court order or legal requirement is presented. Users agree to abide by eServers Host’s judgment regarding the validity of such requests.
How to Report Copyright Violation Complaint
As an Internet Service Provider (ISP), eServers follows the guidelines outlined in the Digital Millennium Copyright Act (DMCA) regarding notifications, content removal, and counter-notifications. If you believe that one of eServers Host's customers has infringed upon your copyrights, the Digital Millennium Copyright Act (17 U.S.C. § 512) offers clear instructions on how to notify the party responsible for the infringement.
In accordance with the guidelines of the Digital Millennium Copyright Act, it is crucial to provide eServers with the complete set of the following information:
Please utilize the provided Copyright Infringement Notification form (accessible through the link below) to submit all required information. This method allows for electronic completion and signing of the document, and you can also attach any supporting documentation directly to the form.
Upon receiving this information, eServers can promptly and sincerely address any network user potentially violating copyright law. However, it's crucial to note that we are not legally permitted to take any action until you have fully complied and officially notified us of the infringement.
If you have inquiries about our policies or procedures, feel free to contact the designated DMCA Agent for the respective service. You can reach them using the provided information.
Registered DMCA Agents
support@eServers.uk 705 South Broadway, Portland, TN 37148, United States
Please note that eServers will forward your completed Copyright Infringement Notification form directly to eServers Host's client.
You are allowed to use the Copyright Infringement Notification Form solely for reporting copyright violations in line with the DMCA. This form should not be used to notify eServers about any other type of infringement. In cases outside the scope of copyright issues, the complainant is responsible for pursuing appropriate legal remedies.
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