Yuccan International Ltd - Service Level Agreement (SLA) for Promotion “NZ$249 Linux Server Setup Fee”

BASIC CLARIFICATIONS

• Offer: NZ$249 (typical NZ$499) One-off setup fee for Edge or Cloud (VPS/Dedicated) Linux servers.
• Distros: Debian 12/13; Ubuntu 24.04/25.04.
• Delivery: Remote (SSH).
• Estimated Duration: Up to 6 hours total.
• Payment: Upfront, in full.
• Promo Validity: Until 31 March 2026 or until the booking slots are filled; whichever comes first.

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1. Scope & Deliverables

We will:

• (a) - verify the server is clean (fresh OS image; no conflicting services).
• (b) - install basic admin tools & core services appropriate to the selected distro.
• (c) - install one (1) application of your choice (from the distro’s stable repos or vendor package).
• (d) - perform initial security hardening (accounts, permissions, baseline firewall, basic SSH hardening).
• (e) - provide completion notes summarising what was done and any immediate follow-ups we recommend.

Not included (unless purchased separately): ongoing maintenance/patching; backups/snapshots; high-availability; monitoring/alerting; performance tuning; incident response; SLA uptime guarantees; content compliance reviews; custom scripting beyond what’s needed for the above; training; licensing costs; cloud provider fees.

2. Preconditions & Client Responsibilities

• (a) - Clean Server: You confirm the server is a fresh image with no prior services. If it’s not clean, we may (at our option) (a) re-image under your instruction/consent, (b) proceed with additional billable time, or (c) pause/cancel, per Clause 10.
• (b) - Access: You’ll provide timely root/sudo credentials and any MFA approvals, and remain reachable during the scheduled window.
• (c) - Connectivity: You’re responsible for power, ISP, and local network stability during the work (see Clause 10 on rescheduling).
• (d) - Licences: You warrant you hold the required software licences for your chosen application.
• (e) - Cloud Provider Terms: If work is to be on a hosted platform, you must comply with the provider’s terms to gain initial access. We are not liable for the provider’s, or any other third party’s, outages or policies.

3. Timeline, Scheduling & Rescheduling

• (a) - The service duration is for up to 6 hours. If we anticipate more time (e.g., complex app requirements), we’ll flag options: scope reduction, deferral, or additional paid hours.
• (b) - One reschedule is included if connectivity or approvals fail; further reschedules may incur a reasonable fee.

4. Acceptance & Post-Completion Support

• (a) - Practical Completion: This occurs when the tasks in Clause 1 are done and handed over to you.
• (b) - Deemed Acceptance: If you do not report a configuration error within 3 business days, the work is deemed accepted.
• (c) - Warranty Fix Window: We’ll remediate configuration errors reported within 7 days, at no charge. Changes, updates by others, or third-party breakage are not covered by this sub-Clause.

5. Security & Disclosures

• (a) - We apply appropriate industry-standard baseline cybersecurity hardening at the time of setup; however, no system can be guaranteed invulnerable. Ongoing security requires updates, monitoring, and operational discipline which are outside scope unless separately purchased.
• (b) - Due to security considerations, we do not publish a public list of tools and controls to be used. We will disclose them to you privately on indication of interest.
• (c) - Credentials provided by you will be handled with care and deleted after completion, except limited audit logs retained for up to 30 days (see Privacy, Clause 12). We recommend you rotate passwords/keys immediately after service completion.

6. Changes & Out-of-Scope Requests

Requests beyond Clause 1 (e.g., extra apps, custom firewalls, CI/CD, backups, monitoring) will be quoted separately and carried out only upon payment being received.

7. Fees, Payment, Taxes & Refunds

• (a) - The Promo price of NZ$249 is payable in advance. This price excludes GST/VAT/sales taxes.
• (b) - Fees remain non-refundable once work begins, except where a justifiable consumer rights provision applies (Clause 14).
• (c) - If your server environment is not as represented (e.g., not clean; unsupported OS), we may cancel and refund fair, unused value less reasonable time/costs already incurred, or offer to proceed at our standard rates.

8. Warranties & Disclaimers

• (a) - We warrant professional services performed with reasonable care and skill and conformity to this SLA.
• (b) - To the maximum extent permitted by law, we disclaim implied warranties, including fitness for a particular purpose, and do not warrant uninterrupted or error-free operation of third-party software or platforms.
• (c) - We do not guarantee uninterrupted service availability due to factors outside our control (e.g., power grid outages, internet/ISP network outages).

9. Liability Cap & Excluded Loss

• (a) - Our total aggregate liability arising out of or related to this SLA is capped at the amount you paid for the setup service.
• (b) - We are not liable for indirect or consequential loss, including loss of profit, revenue, data, business interruption, or reputational harm.
• (c) - These limits do not exclude liability that cannot be excluded by law.

10. Cancellation, Suspension & Termination

• (a) - You may cancel before work starts, for a full refund (less non-recoverable payment provider fees).
• (b) - We may pause or reschedule if access/connectivity fails, or security concerns arise. Repeated failures may incur a reschedule fee.
• (c) - We may suspend/terminate service immediately if we reasonably suspect illegal use, sanctions/export-control issues, or safety risks (see Clauses 11 & 13). Pro-rata refunds may be considered fairly where appropriate.

11. Acceptable Use, Export Controls & Sanctions

• (a) - You agree to not use any server we set up to store, transmit or process illegal content or activities, including infringement, malware, spam, harassment, denial-of-service, or activities breaching sanctions/export-control laws.
• (b) - You represent that you and your end users are not sanctioned persons and that your use does not violate UN/NZ or other applicable sanctions, and (where relevant) export-control rules (e.g., NZ Strategic Goods List, “catch-all” controls on certain software/tech).
• (c) - We may require reasonable KYC/identity checks where risk indicators exist, and may refuse service where we reasonably suspect breach of this Clause.

12. Privacy & Data Protection

We will:

• (a) - use your personal data only to provide the service;
• (b) - keep your personal data confidential and apply the required security measures to keep it safe;
• (c) - delete credentials and personal data after service completion, except minimal 30-day audit logs; and
• (d) - on request, enter into a Data Processing Addendum reflecting applicable privacy law (e.g., NZ Privacy Act 2020; GDPR where applicable).

You remain controller of your data and are responsible for privacy notices, lawful basis, and data subject rights.

13. Client Indemnities (Illegal/Unauthorised Use & Third-Party Claims)

You indemnify and hold us (including directors and staff) harmless from any claims, damages, penalties, costs and expenses (including legal fees) arising from:

• (a) - your illegal, infringing, or unauthorised use of the server or installed software;
• (b) - your breach of sanctions/export-controls or cloud provider terms;
• (c) - unapproved/illegal content or data you or your users place on the system; and
• (d) - your failure to maintain post-setup security (e.g., not software patching, weak and/or unrotated passwords, disabled firewall) after our service completion.

If we are named in a claim relating to your use of the server, we will promptly notify you and permit you to assume the defence at your cost. You may settle claims financially, but you may not agree to any settlement that requires us to take action, admit fault, or provide services without our prior written consent.

14. Consumer Law, Business-to-Business & Contracting-Out

Business Use Acknowledgement:

• (a) - You confirm you acquire these services “in trade” and for business purposes.
• (b) - To the maximum extent permitted and where fair and reasonable, the parties contract out of the Consumer Guarantees Act 1993. If the CGA does apply and cannot be excluded, nothing here limits your non-excludable rights.
• (c) - We do not contract out of the Fair Trading Act 1986 except where permitted in business-to-business “in trade” dealings and only where fair and reasonable. We use plain language and aim for transparency to comply with the unfair contract term regime for standard-form/small-trade contracts.

15. Industry Applicability

This SLA applies to all clients engaged in lawful business activities. It does not certify or guarantee compliance with industry-specific regulations such as HIPAA, PCI DSS, ISO 27001, or similar frameworks. We will provide a best-practice baseline server setup as described above. Where industry-specific regulatory compliance is required, this can be designed and implemented separately, subject to further discussions, additional scope, and a written agreement between the parties.

16. Intellectual Property

We retain all IP rights in our scripts, templates and methods; granting you a non-exclusive, non-transferable licence to use them within your environment. Your existing IP and data remain yours.

17. Confidentiality

Both parties agree to keep each other's Confidential Information secret and use it only for performing this SLA, except as required by law or with consent.

18. Dispute Resolution, Governing Law & Venue

Any dispute arising out of or in connection with this Agreement shall be resolved as follows:

• (a) - The parties shall first seek to resolve the dispute through good-faith negotiations.
• (b) - If the dispute is not resolved within 20 business days, it shall be referred to mediation in Auckland, New Zealand under the rules of the Resolution Institute (or its successor).
• (c) - If the dispute remains unresolved after mediation, it shall be finally settled by arbitration seated in New Zealand under the Arbitration Act 1996, by a single arbitrator appointed by agreement (or, failing agreement, by the President of the New Zealand Law Society). The arbitration shall be conducted in English.
• (d) - Either party may seek urgent injunctive relief from a court of competent jurisdiction to protect its rights pending resolution of the dispute.

This Agreement is governed by and shall be construed in accordance with the laws of New Zealand, without regard to conflict-of-laws principles that would apply the laws of any other jurisdiction.

19. General

• (a) - Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and if it cannot be so modified, it shall be severed from this Agreement. The remaining provisions shall continue in full force and effect.
• (b) - No Waiver: The failure or delay by either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. Any waiver must be in writing and shall apply only to the specific instance for which it is given.
• (c) - Assignment: Neither party may assign, transfer, or novate this Agreement, in whole or in part, without the prior written consent of the other party. Such consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, either party may assign this Agreement without consent to:
  • (i) an affiliate (provided the assigning party remains responsible for performance), or
  • (ii) a successor in connection with a merger, acquisition, or corporate reorganisation, provided that written notice is given to the other party within a reasonable time.
• (d) - Entire Agreement: This Agreement, together with our General Terms of Use and any applicable order or quotation issued under it, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, agreements, negotiations, and representations, whether written or oral. No pre-contractual statement, promise, or representation shall be binding unless expressly incorporated into this Agreement.
• Except as expressly provided in this Agreement, no conditions, warranties, or other terms shall apply, whether implied by statute, common law, custom, or otherwise, to the maximum extent permitted by applicable law. In the event of any conflict between this Agreement and an order or quotation, the terms of this Agreement shall prevail unless the order or quotation expressly states otherwise.

20. Electronic Acceptance

This Agreement may be executed and accepted electronically, including by way of tick-box confirmation, “I agree” acknowledgment, or electronic signature. Each party agrees that such electronic acceptance constitutes a valid and binding execution of this Agreement and is admissible as evidence of the parties’ intent to be legally bound.

For the purposes of:

• (a) - New Zealand law, the parties agree that any electronic signature applied in connection with this Agreement is valid and reliable under the Contract and Commercial Law Act 2017;
• (b) - United States law, the parties acknowledge that electronic signatures and records are enforceable under the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA);
• (c) - European Union law, the parties recognise that electronic signatures are valid under the eIDAS Regulation (EU No 910/2014); and
• (d) - other jurisdictions, the parties agree to recognise the validity of electronic signatures to the maximum extent permitted by applicable law.

21. Amendments

No amendment, variation, or modification of this Agreement shall be valid unless it is in writing and expressly stated to amend this Agreement, and is executed by authorised representatives of both parties.

For the avoidance of doubt:

• (a) - Electronic Form Permitted: In accordance with Clause 20, an amendment may be executed electronically (including via recognised e-signature platforms or authenticated acceptance through a client portal).
• (b) - No Informal Modifications: No email, instant message, or other informal communication shall constitute an amendment unless expressly incorporated into a formal written variation as described above.
• (c) - Order/Quote Updates: Updates to an order or quotation must be expressly identified as a variation to this Agreement to have effect.

Contact Us

For questions regarding this SLA, please call us on +64 9 886 4638 during business hours (9am to 5pm weekdays; Pacific-Auckland time) or send us an email via the contact form on our main landing page.

Last updated: February 2026