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Hosting Terms & Conditions

Web, email and Database Hosting Terms and Conditions

Updated March 2012

1. Introduction

The Website Owner including subsidiaries and affiliates offer website hosting, email systems and database hosting services subject to the terms and conditions set out in these terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to supply of hosting services. Our servers are located within the United Kingdom and United States of America, we reserve the right to host (and move at our discretion) Customer sites, data, email systems onto whichever server and in any location of our choosing, except where for Data Protection Act reasons personal data must be kept within a national/geographic territory.

NOTE – if you have chosen a hosting package with us, we will use the primary email of your new domain to post updates, information and statistics regarding your hosted domain.

2. Glossary of Terms

We includes the ‘Website Owner – ‘Technology Partner’ ,’www.technology-partner.co.uk‘ and ’Technology Partner (UK) Limited’ – (“Website” or “Website Owner” or “we” or “us” or “our”) or any party acting on the Website Owner’s implicit instructions.

You (“you”, “your”, “Customer”) includes the person purchasing the services or any party acting on the customer’s instructions.

Server means the computer server equipment operated by us in connection with the provision of the Services.

Web Site means the area on the Server allocated by us to you for use by you as a site on the Internet.

Email system means the computer equipment operated by us in connection with the provision of email services.

In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement

3. Web Site Hosting and Email

3.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. 3.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server. 3.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that. 3.3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so. 3.3.2 You will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way. This includes ‘adult’ and ‘gaming’ related content.

(b) any material containing a virus or other hostile computer program.

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

3.3.3 You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email. 3.3.4 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory. 3.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content. 3.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information. In un-managed agreements (see 3.11), it is the Customer’s responsibility to manage and protect their system(s) with the use of strong password/usernames. 3.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers. 3.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner. 3.8 In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 16 years. 3.9 Any access to other networks connected to www.technology-partner.co.uk must comply with the rules appropriate for those other networks. 3.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

3.11 Managed/un-managed tariffs: we offer 2 tiers of hosting (managed and un-managed):

Managed – Technology Partner will undertake nightly backup of the domains hosted on the managed services tariff and will retain a minimum of 3 previous days, from which files can be restored upon request. Passwords upon site installations, email account additions and CMS user accounts, will be done to a ‘strong’ rating using alpha-numeric and character included passwords, with a minimum length of 10 characters. Subject to separate agreement, Technology Partner will also act as SEO management for a Customer domain. SLA for website availability on managed tariff is 99.97% (monitored from an external source), helpdesk via ticketing system available 24×7.

Un-managed – Technology Partner will install software onto a Customer’s hosted domain as requested using base installations. It is the responsibility of the Customer to change the administrator and any user accounts to have their own unique passwords (which we advise to be alpha-numeric, at least 8 digits and changed on a frequent basis). The Customer is responsible for content, backups and all data retention policies. SLA for website availability on un-managed tariff is 98.5% (monitored from an external source), helpdesk via ticketing system available Mon-Fri 9am to 5pm, excluding public/Bank holidays. Any and all work requested to repair/change/delete any content will be charged at an hourly rate to the Customer.

3.12 Storage and Bandwidth – each tariff has an associated storage capacity (amount of server space that the Customer’s domain(s) use on our server(s) – which is clearly labelled ‘disk space’ on our fee tariff and a separate amount for bandwidth used; amount of data transmitted to/from the internet from a Customer’s domain(s), which is labelled as ‘bandwidth’ on our price tariffs. If a Customer exceeds the storage or bandwidth allocation in any given period, Technology Partner reserves the right to suspend, or terminate a Customer’s hosting agreement. High volume sites must be on a tariff suited to that purpose.

4. Service Availability

Service availability statistics are published on a daily basis on our website.

4.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. 4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason. 4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

4.4 Availability guarantee – some hosting packages come with a guarantee of Availability of the service – this will be clearly indicated on the proposal document and/or written estimate and hosting invoice. To keep it simple, our guarantee is this – if the Availability drops below the stated percentage in your agreement (availability is measured by an independent service, provided by 24×7.com and is published for you to review) when averaged over a 30 day period, we will refund one twelfth of your hosting fee (or give you credit towards other products – the choice is yours), up to a maximum return value of 50% of the total contract amount in any annual term.

5. Payment

5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment. 5.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given.

5.3 All payments must be in UK Pounds Sterling. 5.4 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £50.00. Our preferred method of payment is by transfer into our bank account (details provided on all invoices) or via our billing provider PayPal using an on-line payment system – each invoice will be linked to a specific payment page. You will receive two email notifications regarding payment, one when the invoice is raised and a second 2 working days before the last date of payment 5.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. 5.6 If an account goes unpaid for at least two days, a £25.00 late payment fee may be applied and email will be sent when this charge is applied. 5.7 If an account goes unpaid for at least four days, the account and its associated services are suspended. A £50.00 charge will be applied upon account reactivation to cover administration costs. An email will be sent when this charge is applied. 5.8 Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension. 5.9 Should access to files, databases and other content be required before they are deleted, account reactivation will be required.

6. Termination

6.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. 6.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you. 6.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you. 6.4 No refunds will be made for Services suspended in accordance with 6.1, 6.2 and 6.3. 6.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. 6.6 You may cancel the Services at any time. 6.7 You may be entitled to a complete refund of all fees paid with the exclusion of dedicated server and data transfer fees should You decide to cancel the Services, as detailed under our Money Back Guarantee Policy. You will not be entitled to a refund on this basis if you have previously had an account with www.technology-partner.co.uk. It may be necessary to withhold refund under the Money Back Guarantee Policy if the account has utilised excessive resources, this is at the sole discretion of www.technology-partner.co.uk. 6.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card. 6.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

7. Indemnity

7.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

8. Limitation Of Liability

8.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause 8.2. 8.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence. 8.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim. 8.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising. 8.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever

9. Revisions

9.1 www.technology-partner.co.uk reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.

10. Notices

10.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

11. Applicable Law

11.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

12. Headings

12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

13. Entire Agreement

13.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

14. Comments or Questions

14.1 If you have any questions, comments or concerns arising from the website, or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

 

Hosted system performance

Ever since we started hosting, we have been monitored and measured by an external, independent company - this is so we can give actual statistics on our performance.

Our SLA for hosted non-managed domains is 98%, actual to date performance is 99.19% SLA for hosted managed sites is 99.97%, latest: Website Uptime