Revision date: Aug 13, 2025

1. Definitions and Interpretation

In this Agreement, the following definitions apply:

  1. Affiliate of a Party means with a Party (i) any entity under the control of such Party, (ii) any entity controlling such Party, and (iii) any other entity under the control of a controlling entity under paragraph (ii).
  2. Activation Date means this agreement is in effect from April 23, 2024.
  3. Actual Start Up Date means as per clause no. 2.2.
  4. Agreement means this Master Dedicated Server Service Agreement.
  5. BDIX Bangladesh Internet Exchange.
  6. Business Day means Saturday through Thursday, inclusive, but does not include national, public, or bank holidays in Bangladesh. If the day on or by which anything is to be done is not a Business Day, that thing must be done on or by the next Business Day.
  7. RDP Remote Desktop Protocol.
  8. Confidential Information/Credential means all documentation, technical information, Software, business information, or other materials of a confidential nature and/or that are disclosed in confidence by either Party to the other during the term of this Agreement.
  9. MRC means Monthly Recurring Charges or as per Billing Cycle.
  10. SLA means the Service Level Agreement in Annex – 1 of this Agreement.
  11. Taxes means (i) any taxes applicable on turnover, such as value-added tax, sales tax, or service tax, (ii) withholding taxes applicable on payments made by the client, (iii) customs and excise duties as well as other import duties, fees, and surcharges (including where applicable any Universal Service Fund or similar surcharges), and (iv) local telecommunications regulator levies based on turnover.
  12. In this Agreement headings and bold type are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:
    1. References to the Recitals, Parties, Service Schedules, and Clauses are references respectively to the Recitals, Parties, Service Schedules, and Clauses to and of this Agreement.
    2. Words importing the singular include the plural and vice-versa.
    3. Each of the Service Schedules will have effect as if set out in this Agreement.

2. Service Covered

Crafted for exceptional performance, our high-end dedicated server boasts:

  1. Processor: Intel Xeon E5-2680 V4 for unparalleled processing power.
  2. Memory: 64GB DDR4 RAM ensuring swift multitasking and responsiveness.
  3. Storage: 1.68TB SAS storage with RAID configuration for enhanced data protection and rapid access.
  4. Architecture: Leveraging Dell Supermicro architecture for reliability and efficiency.
  5. Bandwidth: Generous 1TB/month bandwidth allocation for seamless data transfer.
  6. Connectivity: Swift and stable up to 200 Mbps connectivity for uninterrupted performance.
  7. Operating System: Windows
  8. IP: Real IP - 1
  9. Root Access: Administrator Access

3. Security Policy

Access Control:

  • Only authorized personnel with background checks have physical and remote access.
  • We will provide a custom port to login, protected by a firewall.
  • User/root access will be controlled by the customer. If credentials are lost, vps.com.bd is not responsible, and the password cannot be recovered.

Data Encryption:

  • All data in transit and at rest is encrypted using industry-standard protocols.
  • Regular audits ensure encryption compliance.

Firewall and Intrusion Detection:

  • Robust firewall configuration restricts unauthorized access.
  • Continuous monitoring for intrusion detection with immediate response to potential threats.

Physical Security:

  • Tier 3 Data Center security protocols are strictly followed.
  • 24/7 surveillance, biometric access controls, and restricted entry points.

4. Resource Increase

The Customer may request an increase in server resources, such as RAM and storage, beyond the initial configuration outlined in Section 2 (Services Covered).

Increase Process

  • The Customer will submit a written request to vps.com.bd specifying the desired resource increase.
  • vps.com.bd will evaluate the request based on availability and technical feasibility.
  • vps.com.bd will provide the Customer with a quote for the additional resources, which may include:
    • Increased monthly service fee to reflect the additional resource cost.
    • One-time charges for hardware upgrades (if applicable).

5. Licensing

Windows Server License:

The dedicated server service includes a pre-installed Windows Server license for one device with lifetime validity. This license allows the Customer to activate and use the Windows Server operating system on the dedicated server.

Additional Software Licenses:

The Customer may choose to install additional software licenses for server performance optimization or specific functionalities. These licenses may include, but are not limited to:

  • LightSpeed Web Server
  • Cloud Linux operating system
  • cPanel License

The Provider is not responsible for acquiring or managing these additional licenses. The Customer is responsible for obtaining the necessary licenses and ensuring their compatibility with the dedicated server configuration. The Provider may offer assistance with installation upon request, but such assistance may be subject to separate charges.

Note: vps.com.bd can provide any other software license if the customer needs it (T and C applied).

Licensing Costs:

The cost of additional software licenses is not included in the dedicated server service fee. The Customer will be responsible for any licensing fees associated with the optional software chosen. The Provider will provide the Customer with quotes for these licenses upon request.

6. Backup and Disaster Recovery Policy

6.1 Backup Responsibility

  • No Included Backup Services: vps.com.bd does not include backup services with individual servers. Responsibility for managing and maintaining data backups falls entirely on the customers.
  • Customer Responsibility: Customers are solely responsible for ensuring the security and integrity of their data by managing regular backups of their server data. This includes implementing backup strategies, scheduling backup routines, and verifying backup file integrity.
  • Optional Backup Services: Customers may obtain backup services separately, either through vps.com.bd or third-party vendors, providing added redundancy and data protection.

6.2 Customer Data Ownership

  • Customers have full control over their data backups.
  • They are encouraged to utilize external cloud services of their choice for additional redundancy.

6.3 Disaster Recovery

  • In the event of a disaster, customers are responsible for initiating recovery from their own backups.
  • vps.com.bd will facilitate the deployment of another server using the customer's provided backup data.

7. Customer Support Priority Levels

7.1 Priority Level 1 (Critical)

  • Definition: Severe issues causing service outages or critical functionality loss.
  • Response Time: Immediate, 24/7 support.

7.2 Priority Level 2 (High)

  • Definition: Major issues impacting performance, but not causing a complete outage.
  • Response Time: Within 2 hours during standard business hours.

7.3 Priority Level 3 (Medium)

  • Definition: Moderate issues affecting specific functionalities.
  • Response Time: Within 8 hours during standard business hours.

7.4 Priority Level 4 (Low)

  • Definition: Minor issues, general queries, or non-urgent requests.
  • Response Time: Within 1 business day.

8. Trial: Accepted upon official work order (If any, based on the demand)

9. Customer Responsibilities

The customer is responsible for:

  • Maintaining the security and integrity of the server software and data.
  • Complying with the Provider's Acceptable Use Policy.
  • Reporting outages and performance issues promptly.

10. Service Level Exclusions

This Service Level Agreement (SLA) does not apply to service interruptions or performance issues caused by the following:

  • Scheduled Maintenance: We may perform scheduled maintenance activities to improve service quality, security, or functionality. Reasonable notice will be provided for maintenance windows to minimize downtime.
  • Customer Software or Configuration Issues: Outages or performance problems arising from software installed by the customer or customer-configured settings are not covered by this SLA.
  • Force Majeure Events: Events beyond reasonable control, such as natural disasters (e.g., earthquakes, floods), power outages, acts of war, or acts of terrorism, are excluded from this SLA.
  • Third-Party Network Issues: Outages or performance issues caused by internet service providers (ISPs), peering networks, or other third-party network disruptions are not covered by this SLA.
  • Data Loss due to Customer Actions: Accidental data deletion, customer errors, or security breaches caused by the customer's actions are not covered by this SLA.

11. Monitoring and Reporting

  • vps.com.bd will monitor server uptime and performance metrics. Monthly reports will be available to Customers upon request.

12. Term and Termination

  • This Service Level Agreement (SLA) is effective as of [Start Date] and will remain in effect for the term of the dedicated server service agreement.
  • This SLA may be terminated by either party upon a 2-month written notice for breach of material terms.

13. Dispute Resolution

  • Any disputes arising from this SLA will be governed by the terms of the dedicated server service agreement.

14. Acceptable Use

  • The service's acceptable uses are as per the website's mentioned terms. They are updated from time to time.

15. Suspension of Service

Reasons for Suspension:

  • Non-payment: Customer fails to pay for the dedicated server service within a specified timeframe (e.g., after late payment notices).
  • Security Violations: Customer violates the provider's acceptable use policy (AUP) by engaging in activities that threaten network security or harm other users.
  • Illegal Activity: Customer uses the server for illegal purposes.
  • Excessive Resource Usage: Customer consistently exceeds the allocated resources (CPU, memory, bandwidth) and disrupts server performance for other customers.

16. Point of Contact

(a) For vps.com.bd

  1. Name:
  2. Designation:
  3. Contact Number:
  4. Email:
  5. Office Address:

(b) For Customer

  1. Name:
  2. Designation:
  3. Contact Number:
  4. Email:
  5. Office Address:

17. Service Rates and Charges:

As per the annexure financial proposal.

18. Billing and Payment

  1. Payment: Service should be run fully depending on the paid invoice or as per total payment. Service runs on a per-day basis with the paid amount; no payment, no service.
  2. Reconnection Fees: If the client doesn’t pay for the running service for the next days or month, it will go into suspension. Fifteen (15) days after suspension, if the client requests service, an extra reconnection fee of ten (10%) of the total payment for all Dedicated services applies. For BTCL Domain, it follows BTCL rules; other services follow company policy.
  3. Refund Policy: Refund requests must be submitted within 30 days of receiving the service. If the client does not wish to use the service due to their own reason, a refund of 40% to 60% of the payment will be provided after adjusting for service usage. Refunds are processed through the original payment gateway. Refunds after 30 days of service usage are not accepted.
  4. Payment Methods: The Customer agrees to pay using one of the following methods:
    • Online Payment: Payments can be made securely through the vps.com.bd billing system using a valid credit or debit card, MFS, or any method listed on the website.
    • Cheque: Payments can be made via cheque payable to "vps.com.bd". The cheque must be received by vps.com.bd.
    • Cash: Cash payments are not recommended due to security concerns. If chosen, payment must be received by vps.com.bd at the specified address within [……] days of the invoice date to avoid reconnection fees.

19. Governing Law, Jurisdiction and Dispute Resolution

This Agreement is made according to and shall be construed and enforced under the laws of Bangladesh. Any action arising out of or related to this Agreement shall be brought in the courts located in Dhaka, and each party consents to the jurisdiction and venue of those courts.

Annex – 1

Managed and unmanaged dedicated server.

Windows Server Hosting

Unmanaged Services
  • Operating System: Customizable (e.g., Windows 2019/2022)
  • Server Configuration: Based on vps.com.bd Packages
  • Security:
    • RDP Port creation for secure access
    • Windows Firewall and Network Protection enabled
    • Virus & Threat protection enabled
    • Windows Updates kept current
  • Important: Client assumes full responsibility after server access is provided. Assistance for regaining access due to forgotten passwords is not provided; reinstallation may be necessary.
Managed Services (with Control Panel)

This option includes pre-configured control panels for easier server management. Choose from:

  • SolidCP Control Panel: Provides a comprehensive interface for managing websites, databases, FTP Account, File Manager.
  • Other Services:
    • IIS Web Server
    • FTP Server
    • SQL Server Express (limited version)
    • DNS Service
Managed Services (without Control Panel)
  • IIS Web Server
  • FTP Server
  • SQL Server Express (limited version)

Linux Server Hosting

Unmanaged Services
  • Operating System: Customizable (e.g., CentOS, Ubuntu, AlmaLinux)
  • Server Configuration: Based on vps.com.bd Packages
  • Security: Requires client-side firewall configuration
  • SSH Port: Enabled by default for secure remote access
  • Delivery: Instant server setup
  • Server Access: Full root access (client assumes full responsibility)
Managed Services (with Control Panel)

Choose a control panel for simplified server administration:

  1. cPanel Managed:
    • Includes cPanel license for user-friendly management
    • Pre-configured firewall
    • MySQL/MariaDB database (default cPanel version)
    • Unlimited domain and subdomain hosting
    • Unlimited email accounts
    • Apache web server
    • Free SSL certificates
    • SSH Access: Yes
  2. LxPanel Managed:
    • Includes LxPanel for server administration
    • MariaDB database
    • LiteSpeed web server
    • Unlimited domain hosting
    • Free SSL certificates
    • DNS service
    • SSH Access: No
Managed Services (without Control Panel)
  • Server configuration based on specific client requirements

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