Contents

  1. Standard Terms and Conditions
  2. Technical Support
  3. SLA for Dedicated Servers
  4. Managed Servers
  5. Hardware Guarantee
  6. Access for Co-Location Customers
  7. Credit for SLA breach
  8. Network Guarantee
  9. In Contract Adjustments
  10. Maintenance
  11. Client Responsibilities
  12. Resale of Services
  13. Cancellation
  14. Liability
  15. Definitions

 

1.   Standard Terms and Conditions

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.

  • Dedicated Servers: Units that are built to our high specification or to a client’s bespoke requirements.
  • Colocation: Provision of space, power, cooling, and physical security for the server, storage, and networking equipment.
  • 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

 

2. Technical Support

Datacentreplus Normal Helpdesk Hours

Monday to Friday

8:00 am – 6:00 pm

How to contact us

support@datacentreplus.co.uk

ReponseTimes
For any issue requiring immediate attention – 0161 464 6101

 

3.   SLA for Dedicated Servers

  • 24/7 Support for hardware failure.
  • 2 hour hardware replacement promise.
  • Remote hands/reboots available during normal opening hours.

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

 

4.   Managed Servers

  • Managed servers include up to 8 hours of assistance per month.
  • 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.
  • It is expected the customer will follow best practices to limit any security risks, malware and SPAM.
  • It is the customer’s responsibility to ensure any custom applications are compatible with the latest OS versions and patches.

 

5.   Hardware Guarantee

Parts and labour is included with all dedicated servers – we will replace any failed component at no additional cost to the customer.

HardwareGurantee

*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.

 

6.   Access for Co-Location Customers

Access to the data centre is available to customers that have a quarter, half or full rack hosting contract with us only.

  • The Customer shall give to Datacentreplus not less than 24 hours notice for routine visits during normal opening hours. Notice must be provided by raising a support ticket requesting access.
  • Access only available for pre-authorised personnel.
  • Emergency on-site access is available 24×7 subject to fair usage and is limited to quarter, half and full rack customers.
  • Emergency out of hours access to be arranged by raising a support ticket or calling the out of hours support number.
  • All out of hours access will be supervised by Datacentreplus engineers.

 

7.   Credit for SLA breach

Where Datacentreplus is unable to maintain the agreed SLA with the customer the below service credits will apply.
ServiceCredit2

 

8.   Network Guarantee
Datacentreplus provides a 99.99%* 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.

 

9.   In Contract Adjustments
(a) Power
Datacentreplus shall pass on to the Customer the cost of any increase in the cost of power supplied to us, to a maximum increase of a sum equivalent to 10% of the annual Charges for Colocation Services or Rack Space Services within the initial term, with 30 days notice being provided.
(b) 3rd Party Software Licenses
Datacentreplus shall pass on to the Customer the cost of any increase in the cost of any 3rd party software licenses within the initial term, with 30 days notice being provided.

 

10.   Maintenance
Datacentreplus will provide customers 5 working days notice for any Datacentreplus scheduled maintenance. Services may not be available during the maintenance periods. In certain circumstances emergency maintenance may need to be performed by Datacentreplus or a third party supplier. Datacentreplus will customers provide as much notice as possible where emergency maintenance is required.

 

11.   Client Responsibilities:
All customers of Datacentreplus are required to ensure that they fulfil the below responsibilities. This is not an exhaustive list, further customer responsibilities are detailed in our acceptable use policy.

  • 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.
  • 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.
  • 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.
  • 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.
  • For us to provide uninterrupted service, 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 an administration charge of £65 (+Vat). 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.

 

12.   Resale of Services
The services we provide are intended for use by the account holder and you will remain 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.

 

13.   Cancellation
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.

 

14.   Liability

  • 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.
  • 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.
  • 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.
  • Datacentreplus will incur no liability for loss as a result of our compliance with a court order.
  • Datacentreplus will incur no liability as a result of loss or corruption of any data or content stored on our servers for any cause whatsoever, except where such loss is committed as a result of unauthorised or fraudulent actions by our employees or agents.  It is the Client’s sole responsibility to ensure there is adequate data backup, except where we have agreed otherwise in writing.
  • If you are a colocation customer, it is your responsibility to adequately insure your equipment.
  • 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.

 

15.   Definitions
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

 


V2.1 Last updated 08/06/2018