Email, Website and Terminal Server hosting.
1. Glossary of Terms
We refers to Datalibrium, a Limited company with head offices 16 Rivermead Drive, Westlea, Swindon, Wiltshire ,SN5 7EX.
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.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement
2.Terms Append.
3. Server 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 Server 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.
(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.
3.4 We reserve the right to remove any material which we deem inappropriate from your Server without notice. We do not host illegal content on our Servers.
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.
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 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.
4. Service Availability
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 4 hours 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.
5. Service Payments
5.1 All payments must be in UK Pounds Sterling.
5.2 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date agreed, we shall be entitled forthwith to suspend the provision of Services to you.
5.3 If an account goes unpaid for at least 30 days, the account and its associated services are suspended.
5.4 Once an account has a suspended status, Access to files, databases and other content is explicitly denied.
5.5 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 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
6.8 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block access to your Server 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 subclause 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 Datalibrium 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.
Terms & Conditions
Managed Services:
Limitation of Liability
Nothing in this Agreement shall exclude or limit DATALIBRIUM’s Liability for (i) death or personal injury caused by Breach of Duty; (ii) the tort of deceit, or any act of fraud; (iii) any breach of any obligations implied by Section 12 Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or (iv) any other Liability to the extent that such Liability cannot be excluded or limited by law.
Subject to the above, DATALIBRIUM shall have no Liability for any of the following;
Any such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.
Save as provided in above and without prejudice, DATALIBRIUM’s total aggregate Liability in relation to any single event or series of related events shall be limited to 125% of the Charges paid to DATALIBRIUM in the 12 months immediately prior to the date that such event or the first of such series of events occurred. If such date occurs during the first Year of this Agreement, such total aggregate Liability shall be calculated by using the actual Charges paid and/or payable up to such date, divided by the number of calendar days since the Commencement Date, multiplied by 365 (or 366 in the case of a leap year).
Without prejudice to the above and save as provided in the above, DATALIBRIUM’s total aggregate Liability for all claims under this Agreement shall be limited to the aggregate Charges paid to DATALIBRIUM under this Agreement during the previous two years.
DATALIBRIUM shall have no Liability to the Customer for any claim brought more than two years after the first accrual of the cause of action which the relevant circumstances or events have given rise to.
The terms of this Agreement are in lieu of all other conditions, warranties or other terms concerning the supply or purported supply of, failure to supply or delay in supplying the Services and any goods which are provided or supplied in the course of performing the Services, which might but for this have effect between DATALIBRIUM and the Customer or would otherwise be implied into or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, all of which are hereby excluded (including, without limitation, the implied conditions, warranties or other terms as to satisfactory quality and fitness for purpose).