Terms and Conditions
LEAN Virtual Private Server (VPS) Service
1. Definitions
“LEAN” refers to LEAN Information Systems Renting and Services Company. “Client” refers to the organization or individual named on the front of this Service Order. “Service” refers to the VPS service described herein. “Service Order” refers to this document. “Business Day” means Sunday through Thursday, excluding public holidays in the State of Kuwait.
2. Service Description
2.1 LEAN provides the Client with a virtual machine with logically isolated compute, storage, and network resources, hosted in enterprise-grade data centers in the State of Kuwait.
2.2 Each VPS includes: the selected package resources, one dedicated public IP address, daily encrypted backup with 14-day retention, Internet connectivity under a fair use policy, and Ubuntu Linux (current LTS release).
2.3 The VPS is accessed via SSH / RDP using the assigned public IP address.
3. LEAN Responsibilities
3.1 LEAN is responsible for the health and availability of its platform, including hosts, storage, networking, and backup infrastructure.
3.2 LEAN will provision the VPS, configure the public IP and Internet connectivity, create the initial administrator account, configure the backup policy, and deliver credentials via a secure link with OTP authentication.
4. Client Responsibilities
4.1 The Client is solely responsible for: securing the VPS, installing and configuring applications, applying OS updates and patches, managing user accounts and access, and monitoring resource utilization.
4.2 The Client is responsible for maintaining backups of critical data beyond the included backup service.
4.3 The Client must keep their login credentials confidential and notify LEAN immediately if unauthorized access is suspected.
4.4 (Windows VMS) Client is responsible for obtaining and installing the Genuine Windows Licence Key.
5. Service Levels
5.1 LEAN will provide 5 days advance notice for planned outages and 4 hours notice for unplanned outages.
5.2 Support is available Sunday to Thursday, 8:00 AM to 4:00 PM, via email at vps-support@lean-serv.com.
6. Service Limitations
6.1 No file-level recovery. LEAN provides full VM recovery from backup only. Individual file restoration is not available.
6.2 No password recovery. LEAN does not store Client passwords. If the Client loses their password, the only option is a full VPS redeployment, which results in complete and permanent data loss.
6.3 No storage downgrade. Storage cannot be reduced once allocated. CPU and RAM downgrades are permitted.
6.4 No utilization metrics. LEAN does not provide utilization reports or monitoring dashboards. The Client is responsible for their own monitoring.
6.5 Fair use internet. Internet connectivity is unmetered under a fair use policy. LEAN reserves the right to take corrective action if usage is deemed excessive or disruptive to the shared infrastructure.
7. Payment
7.1 Charges are as stated on the front of this Service Order. All amounts are in Kuwaiti Dinar (KWD).
7.2 Invoices are issued upon provisioning and at the start of each billing period thereafter.
7.3 If any invoice is not paid when due, LEAN may suspend the Service without liability. The Client remains responsible for all charges incurred before and during the period of suspension.
7.4 All charges are exclusive of applicable taxes. Any taxes imposed by law are the sole responsibility of the Client.
7.5 If the Client disputes an invoice, written notice with supporting evidence must be submitted to leanbilling@lean-serv.com within five (5) business days of receipt. Failure to dispute within this period constitutes acceptance.
8 Term, Renewal, and Termination
8.1 Month-to-month: The Service continues automatically until cancelled by the Client. Cancellation takes effect at the end of the current billing period.
8.2 Yearly commitment: The Service runs for 12 months. Pricing at renewal is based on the applicable price list at the time of renewal. LEAN reserves the right to not renew a service, with 30 days notice to the Client.
8.3 Effect of termination. Termination, expiration, or cancellation results in permanent loss of access, discontinuation of services, and immediate deletion of all data, configurations, and backups. There is no grace period.
8.4 Termination for cause. LEAN may terminate the Service immediately if the Client breaches any term of this Service Order, fails to resolve the cause of a suspension within 10 days, or ceases business operations.
9 Service Modifications
9.1 The Client may request a package upgrade at any time by submitting a Change service order. Upgrades may involve brief downtime while resources are reconfigured. The new pricing takes effect from the next billing period.
9.2 Add-ons (extra storage, extended backup retention) may be added at any time during the subscription.
10 Acceptable Use
10.1 The Client may not: (a) resell or sublicense the Service; (b) use the Service in any illegal activities or violation of Kuwaiti law; (c) attempt to gain unauthorized access to LEAN systems or other clients’ resources; (d) distribute malware or spam; (e) use the Service in a way that degrades performance for other users; (f) circumvent usage limits;
10.2 LEAN reserves the right to suspend or terminate the Service immediately for any violation of this section.
11 Data Sovereignty and Confidentiality
11.1 All Client data is hosted in data centers located in the State of Kuwait. Data does not leave Kuwait.
11.2 Neither party will disclose the other’s confidential information to third parties without prior written consent, except as required by Kuwaiti law or court order.
11.3 The Client retains all rights to their data and content. LEAN’s right to access Client data is limited to what is necessary to deliver the Service.
12 Warranties and Disclaimer
12.1 LEAN warrants that the Service will be provided substantially in accordance with this Service Order.
1 2.2Except as stated above, the Service is provided “as is.” LEAN disclaims all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.3. LEAN does not warrant uninterrupted or error-free operation of the Service, nor the suitability of the Service for any specific application or workload.
13 Limitation of Liability
13.1 Neither party shall be liable for indirect, consequential, special, or incidental damages, including but not limited to loss of profits, revenue, data, or business opportunity.
13.2 All claims must be brought within one (1) year of the event giving rise to the claim.
14 Indemnification
14.1 The Client agrees to indemnify and hold LEAN harmless against all claims, liabilities, damages, and expenses arising from the Client’s use of the Service, including any third-party claims related to content hosted on the Client’s VPS.
15 Force Majeure
15.1 Neither party shall be liable for failure to perform due to causes beyond reasonable control, including but not limited to acts of war, natural disasters, fire, embargo, government action, epidemic, power failure, or failure of third-party infrastructure.
16 General
16.1 Governing law. This Service Order is governed by the laws of the State of Kuwait. Disputes shall be referred to the exclusive jurisdiction of the Kuwaiti courts.
16.2 Subcontracting. LEAN may use subcontractors to deliver the Service, provided they are bound by equivalent confidentiality obligations. LEAN remains responsible for work performed by its subcontractors.
16.3 Notices. Notices under this Service Order shall be sent by email to the addresses provided on the front of this document.
16.4 Severability. If any provision of this Service Order is found invalid or unenforceable, the remaining provisions continue in full force and effect.
16.5 Entire agreement. This Service Order, including these Terms and Conditions, constitutes the entire agreement between the parties regarding the Service and supersedes all prior agreements, oral or written. No amendment is effective unless in writing and signed by both parties.
