Terms & Conditions

  • Standard Terms & Conditions

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    By signing up with Datacentreplus for any of the services listed below, you accept that you (or an organisation that you are acting for) is entering into a binding contract with us and that you accept these Terms and Conditions, including the Acceptable Use Policy.

    These Terms and Conditions may be varied by us from time to time and it is your responsibility to ensure that you are aware of the changes. Any significant changes will be communicated to you directly.

    Datacentreplus provides a number of services from our Manchester Data Centre.

    O  Dedicated Servers: Units that are built to our high specification or to a client’s bespoke requirements.

    O  Colocation: Provision of space, power, cooling, and physical security for the server, storage, and networking equipment.

    O  Backup & storage: The provision of hardware and connectivity to enable remote storage and retrieval of client data.

    The Service Level Agreement outlined in this document will apply to all customers where the above services are being provided by Datacentreplus

  • Technical support

    All requests for technical support will be logged using the Datacentreplus centralized ticketing system to enable us to appropriately assign and track the progress of your request. Staff will coordinate with customers to complete all tasks. Customers will be informed by e-mail from the ticketing system when requests have been completed.

    Datacentreplus Normal Helpdesk Hours

    Monday to Friday

    8:00 am – 6:00 pm

    How to contact us

    Please email — support@datacentreplus.co.uk

    For any issue requiring immediate attention – 0844 448 0909

    Support-Table

  • SLA for Dedicated Servers

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    O  24/7 Support for hardware failure.

    O  2 hour hardware replacement promise.

    O  Remote hands/reboots available during normal opening hours.

    We offer more comprehensive support packages tailored to your requirements, please contact us for more details.

  • Managed Servers

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    O  Managed servers include up to 10 hours of assistance per month.

    O  The backup of your chosen file/folders is included in the managed server package. Any restore activity will be charged at our standard hourly rates.

    O  It is expected the customer will follow best practices to limit any security risks, malware and SPAM.

    O  It is the customers responsibility to ensure any custom applications are compatible with the latest OS versions and patches.

  • Hardware Guarantee

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    O  2 hour hardware replacement on all standard-build servers*

    O  Parts and Labour included – we will replace any failed component at no additional cost to the customer.

    *This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems, processors and applications.

    In the event of a hard drive failure, we will give you reasonable assistance to recover data but please be aware that it may not be possible to restore data and it is your responsibility to backup data.

    Please speak to one of our advisors for backup options that we can provide.

  • Remote Access for Co-Location Customers

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    O  60 minutes’ notice required for remote access during normal opening hours.

    O  2 hours’ notice required for remote access outside normal opening hours.

    O  Access only available for pre-authorised personnel.

    O  Out of hours access is subject to fair usage

  • Credit for SLA breach

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    Where Datacentreplus is unable to maintain the agreed SLA with the customer the below service credits will apply.

     

    SLA Breach-Table

  • Network Guarantee

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    Datacentreplus provides a 99.9%* connectivity Guarantee for all Data Centre customers. *Network unavailability will not include service loss which is caused by:

    a) Scheduled Network Maintenance

    b) Acts or Omissions of the Client

    c) Use of any software applications by the Client

    d) Client Equipment failure or incorrect set-up.

    e) Use of the service that is in breach of our Terms and Conditions or Acceptable Use policy.

    f) Unavailability of third party telecom provider services.

    g) Actions of third parties which are beyond the reasonable control of Datacentreplus.

    h) Reasons of Force Majeure or situations beyond the reasonable control of Datacentreplus.

  • Maintenance

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    Datacentreplus will provide customers 5 working days notice for any scheduled maintenance. Services may not be available during the maintenance periods

  • Client Responsibilities

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    O  It is the client’s responsibility to set up their systems so you do not harm the integrity or security of our infrastructure. Failure to conform to this may result in restriction of service or, if constantly flouting the terms and conditions, may result in suspension of services and cancellation of the contract. This includes the sending of so-called ‘spam’ material.

    O  The Client must not use the service for the hosting or dissemination of illegal material. The Client agrees to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, hard-core or paedophile pornography, defamatory, obscene or otherwise prohibited by law in the United Kingdom. The Client understands that breach of this may lead to investigation and possible prosecution by the relevant authorities.

    O  The Client must not gain or attempt to gain unauthorised access to any computer systems for any purpose. In addition to being a breach of this Agreement, such action may lead to criminal prosecution under the Computer Misuse Act.

    O  For us to provide uninterrupted service, all invoices must be paid on time and we reserve the right to either restrict, suspend or terminate our services for failure to pay. If you are a co-location customer, we additionally reserve the right to withhold access to remove your equipment until unpaid invoice(s) are paid and/or exercise the right to sell the equipment to recover our costs if invoice(s) remain unpaid for more than 45 days.

    O  Unless stated otherwise, you may end your agreement by giving us 30 clear days’ notice.

    O  Any abuse or aggressive behaviour directed at Datacentreplus staff will not be tolerated and may result in suspension or even immediate termination of your services.

    O  All invoices must be paid by the due date. We reserve the right to disconnect power and connectivity if payment is still outstanding for 7 days after the due date. Re-connection requests will only be processed after payment of outstanding invoices and administration charge of £65+VAT. When an invoice remains unpaid for 45 days or more, we may sell your equipment to recover costs (where applicable).

  • Resale of Services

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    The services we provide are intended for use by the account holder. If you resell these services to 3rd parties then you also accept responsibility for ensuring that all end users comply with our Acceptable Use Policy. We will not accept any loss or liability to you or any 3rd parties for losses arising from you reselling our services.

  • Cancellation

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    You may cancel any service you have with us by giving us a minimum of 30 calendar days’ cancellation notice.  If you have signed up to a minimum contract (anything more than 1 month), then cancellation before the expiry of the minimum term will result in your still having to pay for the remainder of the term.  All cancellation notices MUST be sent in writing (email is acceptable) to:  Accounts, Datacentreplus, 4 Carolina Way, Manchester, M50 2ZY or accounts@datacentreplus.co.uk.”  We reserve the right to restrict access to the data centre in the event of overdue invoices and/or non-payment of final invoices.

  • Liability

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    O  If Datacentreplus has failed to provide the agreed services the maximum liability in respect of such loss shall not exceed the amount of the payment made by the Client to Datacentreplus in respect of the charges for the Services.

    O  Under no circumstances can Datacentreplus be held liable for 3rd party, special, indirect or consequential losses – these include (but is not limited to) costs, damages, charges or expenses due to loss of revenue, profits, goodwill, opportunity and loss of use.

     The Client shall indemnify Datacentreplus against all losses and damage costs incurred or suffered by us as a result of the Client’s or its agents, employees or sub-contractors breach of any of the obligations of the Client.

    O  Datacentreplus will not be liable for any breach or loss of data suffered by a Client as a result of unauthorised access by others, except where such access is committed as a result of unauthorised or fraudulent actions by our employees or agents. It is strongly recommended that Clients implement their own firewall and/or additional security measures as may be appropriate, including encryption of sensitive data.

    O  Datacentreplus will incur no liability for loss as a result of our compliance with a court order.

    O  Force Majeure: Datacentreplus shall not be liable for any delay or failure in performing its obligations that is caused by a Force Majeure Event or any other event that is beyond its reasonable control.  These include (but are not limited to): act of god, act of parliament, civil disturbance or terrorism.

  • Definitions

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    Hardware – Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with any server supplied by us.

    Network Infrastructure – All routers, switches and cabling inside the Data Centre. Network infrastructure is defined as the portion of the network extending from the outbound port on your cabinet switch to the outbound port on the border router.

    Availability – Means the monthly percentage of time during a calendar month during which the Service is not subject to an outage

    Outage – Means the accumulated time for which Datacentreplus Infrastructure or component is not functional or available to an extent that materially impairs Customer’s ability to use the Service.

    An Outage will commence when Datacentreplus opens an incident in its ticketing system, whether as a result of Datacentreplus monitoring or notification from the Customer and ends when the incident is resolved.

    SLA Credit – Means an amount deducted from fees billed to Customer in the event of a Service Level Failure set forth in this SLA

Acceptable Use Policy

  • Introduction

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    The Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on the Datacentreplus website, this “AUP”) is designed to:

    (i) Protect Datacentreplus customers, users of Datacentreplus’s website, Products and Service, Datacentreplus Network and physical infrastructure and third parties.

    (ii) Further compliance with all relevant laws and regulations.

    (iii) Promote the security and availability of Datacentreplus website, Datacentreplus Network and physical infrastructure.

    (iv) Regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by Datacentreplus, its website, Datacentreplus Network and its physical infrastructure (“Datacentreplus Services”).

    This AUP applies to each user that subscribes for Datacentreplus Services (“Customers”), all users of Datacentreplus Services and all users that access or utilize the Datacentreplus website, Datacentreplus Network or its physical infrastructure, whether or not such users are customers of Datacentreplus, including the customers of our Customers (“Third Party Users”), and every server or network device that is under each User’s control and attached to Datacentreplus Network or physical infrastructure as a part of Datacentreplus Services (a “Server”). The term “User” as used in this AUP means both Customers and Third Party Users.

    This AUP is incorporated by this reference into each Customer’s Terms of Service and Service Level Agreement. This AUP should be read in conjunction with Datacentreplus Service Level Agreement and Datacentreplus Privacy Policy. Customer’s use of the Datacentreplus website, Datacentreplus Network, the Products and Services is also subject to Customer’s acceptance and compliance with the Terms and Conditions, Privacy Policy, SLA and this AUP. Current copies of these documents may be reviewed or printed by Customer from the Datacentreplus website. Datacentreplus reserves the right to amend or modify this AUP from time to time.
    A User’s use of Datacentreplus Services, Datacentreplus network and physical infrastructure after changes to the AUP are posted on the Datacentreplus website www.datacentreplus.co.uk will constitute the User’s acceptance of any such amendments or modifications.

    Customers are responsible for complying with this AUP and for violations attributable to their customers and users. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

    This AUP does not:

    (a) Obligate Datacentreplus to monitor, review, or police the data and content residing on Datacentreplus Network.

    (b) Create any obligation or duty of Datacentreplus to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Datacentreplus is not likely to be aware of any violations of this AUP or any violations of law. Datacentreplus expects all Users to notify us of any violations of law or violations of this AUP.

    DATACENTREPLUS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON 

  • Prohibited Content

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    Users shall not allow the posting, transmission, or storage of data or content on or through Datacentreplus Services, Datacentreplus Network or its physical infrastructure which, in Datacentreplus’ sole determination, constitutes a violation of local or international law (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of Datacentreplus Services. Prohibited content includes, without limitation:

    (a) Content or code that facilitates any violation of, or describe ways to violate this AUP.

    (b) “harvested” addresses or information.

    (c) “phishing” websites.

    (d) “spamvertising” sites.

    A User shall not knowingly host on its Servers, use Datacentreplus Services or transmit over Datacentreplus Network, any material believed by Datacentreplus to constitute child pornography. In addition to any other actions it may take under this AUP, Datacentreplus reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.

  • Intellectual Property Infringement Policy

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    Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, Datacentreplus Network or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. Datacentreplus has the right to disable access to, or remove, infringing content to the extent required under any law or regulation.

    If any Customer or any Third Party User, including those that are customers of our Customers, repeatedly violates Datacentreplus’ Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, Datacentreplus reserves the right to:

    (i) Suspend permanently or terminate Datacentreplus Services of such Customer;

    (ii) Suspend permanently or terminate the access to Datacentreplus, Datacentreplus Network or its physical infrastructure by such Third Party User.

  • Network Abuse

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    Users are prohibited from engaging in any activities that Datacentreplus determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:

    O  Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.

    O  Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.

    O  Executing any form of network activity that will intercept data not intended for the Customer’s server.

    O  Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.

    O  Interfering with or denying service to any user, host, or network other than the Customer’s host, such as a denial of service attack or distributed denial of service (“DDoS”) attack.

    O  Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.

    O  Soliciting the performance of any illegal activity, even if the activity is not performed.

    O  Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.

  • Users’ Security Obligation

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    Users must use reasonable care to ensure the security of each Server, Datacentreplus Network and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. Datacentreplus reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt Datacentreplus Network or any hardware objects on the network as a result of a security compromise.

  • IP Allocation

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    Datacentreplus owns each IP address that it assigns to a Customer. A Customer shall not use IP addresses that were not assigned to it by Datacentreplus. Datacentreplus reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.

  • E-mail and Anti-Spamming Policy

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    Users may not:

    (i) Send unsolicited bulk messages over the Internet (i.e., “spamming”)

    (ii) Create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”)

    (iii) Send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”).

    Users must comply with all relevant legislation and regulations on bulk and commercial e-mail.

    Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Datacentreplus upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, Datacentreplus will consider the mass mailing to be unsolicited. Any User- maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

    Other prohibited activities include, without limitation, the following:

    O  Use of Datacentreplus Network for the receipt of replies to unsolicited mass e-mail.

    O  Forgery of e-mail headers (“spoofing”).

    O  Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.

    O  Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.

    O  Hosting web pages advertised within “spam e-mail” sent from another network. (“spamvertising”).

    O  Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.

    O  Instructing others in any activity prohibited by this AUP.

    If any Customer or any Third Party User that is a customer of our Customer uses Datacentreplus Services, Datacentreplus Network or its physical infrastructure in a manner that causes Datacentreplus to be “blacklisted” or blocked, Datacentreplus reserves the right to suspend permanently or terminate the access to Datacentreplus Services, Datacentreplus Network or its physical infrastructure.

    Operating Datacentreplus Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

    Block Removal – If, as a result of a Customer’s actions, Datacentreplus’s mail servers or IP address ranges are placed on ‘black hole’ lists or other mail filtering software systems, Datacentreplus shall charge Customer £100 up-front and £100 per hour thereafter for any necessary remedial actions.

  • Violations of AUP

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    Datacentreplus may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, Datacentreplus may:

    O  Disable access to a User’s content that violates this AUP.

    O  Suspend or Terminate a User’s access to Datacentreplus Services, Datacentreplus Network or its physical infrastructure.

    O  Remove DNS records from Servers.

    O  Block mail or any other network service.

    O  Effect IP address null routing.

    O  Take legal action against a User to enforce compliance with this AUP.

  • Reporting Violations

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    If there is a violation of this AUP direct the information to the Abuse Department at abuse@datacentreplus.co.uk or writing to:

    Datacentreplus

    4 Carolina Way

    Salford

    M50 2ZY

    If available, please provide the following information:

    O  The IP address used to commit the alleged violation.

    O  The date and time of the alleged violation, including the time zone or offset from GMT.

    O  Evidence of the alleged violation.

    If any User uses Datacentreplus Services, Datacentreplus Network or its physical infrastructure in a manner that exposes Datacentreplus to potential liability, as reasonably determined by Datacentreplus, Datacentreplus may suspend permanently or terminate the access to Datacentreplus Services, Datacentreplus Network or its physical infrastructure by such User.

    The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that Datacentreplus may take to enforce and ensure compliance with this AUP. Datacentreplus reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.