Terms & Conditions
These are general Terms and Conditions and should be read in conjunction with the appropriate Service Schedule where available for the service required.
Contents
- Definitions »
- Services »
- Conditions of Use »
- Payment »
- Liability »
- Indemnity »
- Force Majeure »
- Termination »
- Confidential Information »
- Applicable Law »
1. Definitions
“Agreement” – the agreement between ServerSupermarket and the Customer for the provision of Services formed by these conditions, the terms of the order form, and any applicable Service Level Agreement (SLA)
“Business Day”– a day which is not a Saturday or Sunday or Public or Bank Holiday
“Business Hours” – 9am to 5pm on each Business Day
“Customer” – as identified on the Order Form.
“Equipment” – any hardware, cabling and/or other equipment provided by ServerSupermarket to the Customer
“Fees” – the charges due to ServerSupermarket as set out in the Order Confirmation
“ServerSupermarket” – ServerSupermarket registered in England, No. 04759927, whose registered address is at Unit 1b, Millennium Way, Pride Park, Derby, DE24 8HZ
“Order Confirmation” – the order confirmation sent to the customer detailing the services and/or products to be supplied by ServerSupermarket
“Services” – the service provided by us as identified in the Order Confirmation.
“SLA” – Service Level Agreement relevant to particular products and services
2. Services
2.1 The Services are described or referred to on the Order Confirmation.
2.2 ServerSupermarket will use its reasonable endeavours to provide the Services in accordance with any timescale set out on the Order Confirmation, but will not be liable to the Client where, using those endeavours, it fails to meet any timescale.
2.3 ServerSupermarket will not be liable for any failure to provide the Services resulting from any breach by the Customer or its employees, agents or subcontractors of the Agreement.
2.4 ServerSupermarket will not be obliged to provide any services not referred to on the Order Confirmation.
2.5 ServerSupermarket may at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Equipment with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to the Customer. ServerSupermarket will endeavour to give the Customer reasonable notice of any such modification, where this is reasonably practicable.
2.6 The customer acknowledges that, given the nature of such services, ServerSupermarket cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
3. Conditions of Use
3.1 The customer will provide us with all the information that ServerSupermarket may reasonably require in order to carry out our obligations under this agreement.
3.2 ServerSupermarket reserves the right to refuse service and/or access to its servers to anyone.
3.3 The services must not be used for any illegal purpose. ServerSupermarket do not allow any illegal or adult material to be stored on its servers.
3.4 ServerSupermarket reserves the right to suspend or cancel a customer’s access to any services where ServerSupermarket decides that the account has been inappropriately used.
3.5 All internet services are subject to the Acceptable Use Policy (AUP).
3.6 When a service is found to be monopolizing the resources available ServerSupermarket reserves the right to suspend the site immediately. This policy is only implemented in extreme circumstances and is intended to prevent misuse of our services.
4. Payment
4.1 Fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated by the customer during the period to which the payment relates.
4.2 Any set up fee will (unless stated to be included within later payments) be payable upfront before any order will be progressed.
4.3 Additional Fees will become payable if the customer exceeds agreed or stipulated bandwidth use levels.
4.4 Any total sum for the fees set out in an Order Confirmation is (unless stated in the Order Confirmation to be a fixed and firm amount) an estimate of the fees only and not a fixed price quotation.
4.5 Where the price is fixed price this applies to elements within ServerSupermarket’s control. Elements outside of ServerSupermarket’s control, including but not limited to Electricity and Bandwidth, may result in the alteration of such prices. In such cases the customer will be given 30 day’s notice of such changes.
4.6 Any sums payable by the customer to ServerSupermarket under the Agreement are exclusive of value added tax or any similar taxes, levies or duties, which will be added to such sums and be payable by the customer at the appropriate rate.
4.7 The customer agrees to pay ServerSupermarket invoices within 7 days of invoice due date. If invoices are not settled in full by then, the customer will without prejudice to its other rights and remedies be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 2% above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis until payment is made whether before or after any judgment.
4.8 ServerSupermarket may make a search in relation to the customer with a credit reference agency (and make other credit enquiries from time to time), keep a record of that search and enquiries, and share that information with third parties. ServerSupermarket may also make enquiries about the principle directors/proprietors of the customer with a credit reference agency.
4.9 Where the customer authorises payment of any of the Fees by credit card then ServerSupermarket may deduct other amounts becoming payable to it under the Agreement under that credit card without obtaining additional authorisation from the customer.
4.10 Without prejudice to any other of its rights and remedies, ServerSupermarket will be entitled to remove the customer's data from its systems and any Equipment and/or put the Equipment to any use other than the Client's if any amount due under the Agreement is not paid within 30 days of its due date for payment. ServerSupermarket is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Agreement.
4.11 All payment is in UK sterling.
5. Liability
5.1 The Customer agrees the use of the Services is at the Customer's sole risk. The Company, its agents, contractors, licensers, employees and information providers providing the Services for the connection from the Customers hardware to the Company or the Internet do not guarantee that these Services will be uninterrupted or free from error. The Customer accepts that without notice for commercial, technical (see below) or other reasons:
- 5.1.1 The Service or part thereof may be suspended
- 5.1.2 A network or service provider connected to the Service may suspend or terminate its connection to the Service
- 5.1.3 The Service may suspend or terminate its connection with another network or service provider, and that any such suspension or termination shall not be in breach of these Terms. The Services are therefore provided on an "as is" basis without guarantee of any kind, except where a Service Level Agreement for such service exists.
5.2 The Company may from time to time close down the whole or part of the network for routine repair or maintenance work. The Company shall give as much notice as in the circumstances is reasonable and shall endeavour to carry out such works during the scheduled maintenance periods as published by the Company as appropriate.
5.3 The Company may from time to time without notice close down or restrict the whole or part of the Service where necessary for emergency repair, to prevent overload of the network, or to preserve the safety, security or integrity of the Service and traffic conveyed. The Company shall at its sole discretion decide when such action is necessary.
5.4 In no circumstances whatsoever will the Company be liable to the Customer beyond any Service Level Agreement offered, in contract, tort, negligence or otherwise for indirect, incidental, special or consequential damages or any loss of business, contracts, profits or anticipated savings arising out of the use of the Service or inability to use the Service or out of any breach of any warranty.
5.5 Any alterations made to the configuration of managed hardware/routers purchased from the Company, can not be supported by the Company and invalidates the Company's support obligation.
5.6 The Customer's internal network configuration remains the responsibility of the Customer. Any interruptions to the Services that occur as a result of an internal configuration issue may not be deemed as an interruption or suspension of the formal provision of the Service.
6. Indemnity
6.1 The Customer hereby agrees to indemnify and hold the Company, its agents, contractors, licensers, employees and information providers providing services harmless from any loss suffered by the Company as a result of a breach of the terms and conditions of this agreement by the Customer and from any claim brought by third parties alleging that use of the Service by the Customer or under his/her account has infringed any intellectual property or other right of any kind, or any applicable UK or international legislation or regulation. The Customer shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against the Company arising from such claims, and shall provide the Company with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.
7. Force Majeure
7.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of ServerSupermarket or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
8. Termination
8.1 The Company may terminate a Customers account at any time, with 14 days notice and without affecting any accrued rights or claims of the Company where the Services are misused by the Customer, for non-payment of the Subscription Fee or for breach of these terms and conditions. Subsequently such a person may be refused future account facilities with the Company. It should be noted that such termination will in no way indemnify the Customer against any criminal proceedings which may be brought by the authorities of the United Kingdom or any international legislatory body, for such misuse.
8.2 The Company may terminate a Customers account at any time with 30 days notice without any reason on repayment of a pro-rata sum for the unfulfilled period of the Subscription Fee paid by the Customer. In the event of the Customer being in breach of any of these terms and conditions or any rules issued by the Company, the Company will be under no obligation to reimburse the Customer under this provision.
8.3 The Company reserve the right to suspend provision of Service for the duration of any non payment period without prior notice. Suspension of Services does not necessarily constitute termination and the Customer may be liable (at the Company's discretion) to pay a reconnection fee to the Company to recommence subscription Services.
8.4 Should the Customer wish to terminate a Service contract at the end of the minimum period, the Company must be notified at least 30-days prior to the renewal date. If no such notice is forthcoming, the contract will automatically renew for the subsequent period, under these terms and conditions.
9. Confidential Information
9.1 The Company and/or its employees reserves the right to hold the names and other information from the Application Form relating to Customers in a computerised database. This data will be used to enable the provision and maintenance of Services, and may in certain circumstances be supplied to Company suppliers to enable the provision or maintenance of a Service.
9.2 Customers who request an IP assignment of 8 or more real IP addresses will have their contact name added to the RIPE database.