Current Version: 1.1
Last Updated: 14th September 2022
Effective From: 15th September 2022
Air Link Communications, (collectively "Air Link", "we", "us" or "our") welcomes you to Air Link’s VPS (Virtual Private Server) Service Offering (the "Services"). These terms and conditions of service, collectively (Air Link's Privacy and Refund Policy , Acceptable Use Policy and the “Terms of Service” or "Agreement") govern your use of the services, features, content or applications delivered by Air Link (together with the Website, the "Services"), and provided to the Subscriber (the "Subscriber", "user", "sub-user", "you" or "your").
- Scope of the Agreement
1.1 This Agreement governs the provision of VPS services to You by Air Link, in addition to certain maintenance relating to the same (the "Services").
1.2 The Services consist of Air Link making a partition on a commonly used server available to You with certain, limited server functions granted to You via software control (a "Virtual Server"). You acknowledge that this is not the same as a Dedicated Server and as such access to related software and certain functions of the system hardware is limited.
1.3 Air Link agrees to provide the use of a Virtual Server to You, for Your exclusive use at the price agreed upon before the initiation of service, for the term as defined in the Agreement and Order Confirmation.
1.4 Subject to events outside of our control (see Clause 2 below), Air Link additionally agrees to maintain the hardware on which the Virtual Server is located and keep the Virtual Server running. You acknowledge that Air Link is not responsible for managing the content of the Virtual Server in any way.
1.5 You represent and warrant that You have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the Virtual Server.
1.6 Access to the Virtual Server is limited to You and anyone authorized by You. You acknowledge and consent that Air Link may require limited access to your Virtual Server as and when necessary without further notice to you.
- Service Delivery
2.1 Every reasonable effort is made by Air Link to maintain the uninterrupted operation of Your Services. Despite this, due to a number of circumstances that are beyond Air Link's control, you acknowledge that given the nature of such services, Air Link cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
2.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by Air Link to the Client on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement, including as to satisfactory quality and fitness for a particular purpose. In particular, Air Link gives no warranty or representation that:
2.2.1 the Services will meet the Client's requirements;
2.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis;
2.2.3 any results obtained from use of the Services will be accurate, complete or current; or
2.2.4 the Services provided will be compatible with any files or software You install or upload to the Virtual Server.
2.3 If You upgrade or rebuild (i.e. restore the default settings) Your Services at any time during the term of the Services You acknowledge that the Virtual Server reboots immediately. As such, Air Link will not be liable for any loss of data or other consequences of such action.
2.4 Migration of Servers. You acknowledge and agree that, in the normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number(s). We do not warrant that you will be able to consistently maintain your given IP number(s).
- Fees and Billing
3.1 The Services shall be charged in accordance with the fees set by Air Link as set out in the Order Confirmation. These may be varied from time to time and published on the Air Link website.
3.2 Customers will be billed in USD.
3.3 If Customers upgrade the specifications of their Services during the term of the Agreement, the price difference will be charged immediately at a pro-rata rate relative to the remainder of the current billing period and the unit price of each element of their upgrade.
3.4 Customers may change their billing periods from monthly to yearly at the end of any billing cycle.
3.5 In the event that Customers change their billing periods from yearly to monthly, pro-rata refunds will not be made to the customer due to annual payments being made in advance. The next monthly invoice raised will be after the end of the initial term.
- Expiry and Cancellation
4.1 Customers acknowledge that where an expiry date is displayed in the Customer's Control Panel, the VPS and its associated services will automatically suspend 14 days after expiry and shall be cancelled and deleted 30 days after expiry.
4.2 Customers may terminate their contract with Air Link by contacting Sales at email@example.com.
4.3 Customers acknowledge and understand that upon cancellation their data is automatically removed on the date of cancellation and it is their responsibility to ensure that a full back up has been made by them prior to cancelling.
4.4 In the event that Customers cancel their Air Link services mid-way through their contract with us, they will not be entitled to any refunds for the remaining amounts or any other related amounts.
- Upgrades and Downgrades
5.1 Customers may upgrade their base Virtual Server plan using our customer portal, however, downgrading of a plan is not possible at this time.
5.2 For terms in relation to Billing with Upgrades and Downgrades, please see sections 3.5 and 3.6.
- Appropriate Usage of the Services
6.1 The terms governing the appropriate use of Your Services and the Virtual Server can be found in the Acceptable Use Policy.
7.1 The 24-hour, 7 seven days a week Support offered by Air Link relates to hardware and network support only.
7.2 Air Link does not provide phone or e-mail support or other technical assistance for the administration of the Virtual Server or otherwise related to the Services.
7.3 You acknowledge that Air Link's support does not cover software or any other content uploaded or installed by You or third parties authorized to access Your services.
- Your Additional Responsibilities
8.1 By hosting information on a Virtual Server, depending on the configuration of the Virtual Server, You acknowledge that such information may be accessible to all Internet users. Air Link does not limit or restrict access to this information, nor do We protect any of this information from copyright infringement or other wrongful activity taken by third parties. As such, You assume full responsibility and risk for Your use of the Virtual Server.
8.2 It is Your sole responsibility to assess and determine the accuracy, completeness and quality of the Services provided to You by Air Link.
8.3 The Air Link VPS is an unmanaged server and therefore, it is Your sole responsibility to ensure that Back Ups of Your data is taken.
- Remedies & Limitations
9.1 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO AIR LINK IN THE TWELVE MONTHS IMMEDIATELY PRECEDING ANY ALLEGATION OF THE AFOREMENTIONED ACTIONS.
9.2 In no event shall Air Link be liable for any loss of profits, loss of business, or any indirect, special, exemplary, punitive, incidental or consequential damages as the result of any such action or inaction without regard to the likelihood of any such damages.
9.3 Air Link is not responsible for any delay, lack of connection, slow connection, loss of data, loss of usability, or any other similar issues, due, but not limited to, any of the following:
9.3.1 the active or passive negligence of Air Link, You or any third party;
9.3.2 downtime due to scheduled maintenance;
9.3.3 an upgrade, downgrade or other alteration to Your Services or the Virtual Server;
9.3.4 hardware failure, (including issues caused by other users on hardware);
9.3.5 Incompatibility; or
9.3.6 Your error.
9.4 Air Link may limit or deny access to Your Services and its systems if, in Air Link's judgment and sole discretion, such action is required to prevent damage to the network (including, but not limited to, software and stored data) or to ensure the integrity or security of the network.
10.1 An Air Link Add-On is an optional addition to your Air Link VPS Plan. Following the successful request to receive Air Link Add-Ons, Air Link will endeavor to effect your Add-on to your VPS Plan within 24 hours of you receiving your order confirmation. However in the event that this is not possible due to unforeseen circumstances shall not be held responsible for any resulting loss.
- Billing Policies, Suspensions and Terminations
11.1 When you sign up for a VPS plan, the service will become active only after you make the relevant payment..
11.2 After your first cycle of service (whether monthly or yearly), an invoice will be generated and emailed to you 10 days in advance of the next payment due date.
11.3 If payment wasn't made by the payment due date, a reminder will be emailed to you 24 hours (1 day) after the payment due date.
11.4 Failure to make the payment within 48 hours (2 days) after the payment due date will result in the automatic Suspension of the service.
Note: 'Suspension', in the context of this service means that the specific instance of the VPS for which payment is due (if you have multiple VPS services with ALN) will be frozen and hence become inactive and you will not be able to use, or perform any action with respect to this instance of the VPS other than to make the due payment.
11.5 Air Link will not be responsible for any losses that you may suffer during the period of suspension of your service including loss of revenue or potential revenue.
11.6 A suspended service should not and will not be considered as 'down time' by the customer or any associated party.
11.7 If a service was suspended due to non-payment (as explained in 11.4), it will automatically become 'Unsuspended' after the relevant payment is made.
Note: 'Unsuspension', in the context of this service means that the specific instance of the VPS for which payment was due (if you have multiple VPS services with ALN) will be unfrozen (upon making the payment) and hence become active once again. You will now regain full access to your VPS and will be able to perform any action to the service, as laid out in the customer portal.
11.8 Failure to make the due payment within 90 days after the payment due date will result in the automatic Termination of the service.
Note: 'Termination', in the context of this service means that the service and all associated data will be permanently removed from our system.
11.9 Air Link will not be responsible for any loss of data, or for any other loss associated with the termination of the service.
11.10 You agree that Air Link may suspend or terminate your service/services
without liability of any form if:
- (i) we reasonably believe that the services you have
subscribed to are being used in violation of our AUP (Acceptable Usage Policy)
- (ii) you have unpaid, overdue invoices within your client area portal
- (iii) your services are being used to carry out attacks on other servers, or your services
are under attack, or your services are in any way, willful or not, affecting the
quality of service of other customers.
11.11 You agree that you will NOT be refunded, in whole or part, any payment/payments for services you have made to Air Link if your services have been suspended or terminated in accordance with section 11.10 of this Terms of Service agreement.
You may contact us at the following address:
Air Link Communications LLC
#12 Contention Street
Trinidad and Tobago