Hosting Agreement
Welcome to The Waregroup UK LTD Hosting services. This Hosting Agreement, as part of The Waregroup UK LTD Terms & Conditions, governs your purchase and use, in any manner, of all web hosting services, including the Shared Hosting Services and the Dedicated Hosting Services, (collectively, the Services) as described on designinfusion.co.uk, ordered by you and accepted by The Waregroup UK LTD, and describes the terms and conditions that apply to such purchase and use of the Services. For purposes of this Agreement, the Shared Hosting Services include the E-Commerce Services. On taking out services with The Waregroup UK LTD you accept the terms of this Agreement.
Use of Services
Term
Hosting shall be for an Initial Term of either twelve (12), twenty four (24) or thirty six (36) months as according with the level of service you ordered for Hosting Services from the date of order unless agreed otherwise in writing by the directors of The Waregroup UK LTD. Hosting will be automatically renewed (the Renewal Term) at the end of the Initial Term for the same period as the Initial Term unless you provide The Waregroup UK LTD with notice of termination at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable. You must provide The Waregroup UK LTD with your notice of termination according to the Cancellation/Termination section of the Terms & Conditions. Upon cancelling your service, you may be asked to provide The Waregroup UK LTD with additional customer identification information so that The Waregroup UK LTD may properly identify you and your account.
Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) The Waregroup UK LTD shall not refund to you any fees paid in advance of such termination and (b) you shall be required to pay the lesser of three (3) times the standard monthly charge or 100% of The Waregroup UK LTDs standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Your termination request must be submitted to The Waregroup UK LTD according to the Cancellation Section of the Terms & Conditions.
Material and Product Requirements
Unless you have contracted The Waregroup UK LTD to create your web content and/or maintain it for you, you must ensure that all material and data placed on The Waregroup UK LTDs equipment is in a condition that is server-ready, which is in a form requiring no additional manipulation by The Waregroup UK LTD. The Waregroup UK LTD will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not server-ready, The Waregroup UK LTD has the option at any time to reject this material. The Waregroup UK LTD will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of The Waregroup UK LTD. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your web site. You must have the necessary knowledge to create and maintain a web site. It is not The Waregroup UK LTD’s responsibility to provide this knowledge or customer support outside of the Services agreed to by you and The Waregroup UK LTD.
Bandwidth, Storage, and Email Usage
You agree that use of the Services hereunder will not exceed the bandwidth, storage and email usage limits outlined for your plan. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed email storage and attachment size limitations, The Waregroup UK LTD may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate this Agreement. In the event that The Waregroup UK LTD elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. The Waregroup UK LTDs servers are not intended to be used for permanent storage of your emails. You are expected to download email onto your local computer via an email client, such as Microsoft Outlook, Mozilla Thunderbird or similar program. Webmail is provided as a convenience and should not be used as a primary email/calendaring system.
Domain Names
As part of the Services, you will provide The Waregroup UK LTD with a registered domain name(s) or The Waregroup UK LTD will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any OpenSRS or other registration services policies, or any law or regulation. You agree to promptly reimburse The Waregroup UK LTD for any fees paid by The Waregroup UK LTD for registration services with respect to the registration and maintenance of such domain name(s) Unless you have contracted The Waregroup UK LTD to create your web content and/or maintain it for you. In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request The Waregroup UK LTD will attempt to register an alternative domain name chosen by you. You agree to be bound by the terms of The Waregroup UK LTD’s and OpenSRS then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of your domain name. The inability to use a domain name shall not entitle you to a refund by The Waregroup UK LTD of any fees paid with respect to the registration of such unusable domain name.
The Waregroup UK LTD Materials
The Waregroup UK LTD shall also maintain and control ownership of all Internet protocol (IP) numbers and addresses that may be assigned to you by The Waregroup UK LTD. The Waregroup UK LTD reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
File Backup
The Waregroup UK LTD is not responsible for Clients files residing on The Waregroup UK LTD's servers. These files include, but are not limited to, all website files, email, calendars, contacts and database files. You are solely responsible for independent backup of data stored on our servers unless you have purchased a Backup Package. There are multiple ways you are able to access and backup your data. If you need additional information on these options please contact us at support.designinfusion.co.uk. The Waregroup UK LTD performs regular backups on a daily basis for emergency purposes, but we cannot be held responsible for any lost data files, email or other.
Your License Grant to The Waregroup UK LTD
You hereby grant The Waregroup UK LTD a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to The Waregroup UK LTD a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
Disclaimed Warranties
You acknowledge and agree that The Waregroup UK LTD exercises no control over, and accepts no responsibility for, the content of the information passing through The Waregroup UK LTDs host computers, network switches and points of presence, or the Internet. ALL SERVICES PERFORMED HEREUNDER ARE PERFORMED AS IS AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, The Waregroup UK LTD DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
Limitation and Exclusion of Liability
Limitations
IN NO EVENT SHALL The Waregroup UK LTD OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORISED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER The Waregroup UK LTD NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO The Waregroup UK LTDs OBLIGATIONS UNDER THIS AGREEMENT, ANY ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF The Waregroup UK LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF The Waregroup UK LTD AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO The Waregroup UK LTD BY YOU UNDER THIS AGREEMENT AND ANY ADDENDUM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY The Waregroup UK LTD HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE The Waregroup UK LTD AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION A.
Interruption of Service
You hereby acknowledge and agree that The Waregroup UK LTD and its suppliers will not be liable for any temporary delay, outages, or interruptions of the Services. Further, The Waregroup UK LTD shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
The Waregroup UK LTD’s network uses multiple, redundant, high-speed connections providing fast, reliable connectivity. We understand the importance of providing a reliable service and have developed the following level of service to ensure maximum performance and uptime. The The Waregroup UK LTD Service Level Agreement (SLA) provides for network quality and web site availability.
Coverage
These guidelines apply to The Waregroup UK LTD customers that have registered for either Shared Hosting Services or Dedicated Hosting Services (collectively, the Services) and who are in good financial standing with The Waregroup UK LTD, Inc.
Service Level
In a given month The Waregroup UK LTD endeavors to have the content of customers web site available for http access by third parties 99.99% of the time (Web Site Availability), excluding the restrictions below. Downtime exists when third parties are unable to transmit and receive data and The Waregroup UK LTD records such failure within its monitoring systems. Downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
Credits
In the event that there is not Web Site Availability, Design Infusion will credit the following months service fee as follows:
For Shared Hosting services, such credit will be retroactive and will be as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly charge for the affected month. The monthly service charge is described as the monthly hosting fee only. Domain charges and additional service charges are not considered part of the monthly hosting fee and are not applicable to this SLA.
Customer Web Site Availability Credit
95% to 99.98% 25% credit
90% to 94.9% 50% credit
89.99 % or below 100% credit
For Dedicated services, if the Web Site Availability is between 89.9% and 99.98% for any particular month, the credit will be retroactive and equivalent to the difference between the guaranteed level of availability of the customers services, during the month and the calculated actual level of availability of the customers services, multiplied by the actual charges incurred by the customer for the services during that month. In addition, for Dedicated services, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month. The monthly service charge is described as the monthly hosting fee only. Domain charges and additional service charges are not considered part of the monthly hosting fee and are not applicable to this SLA.
Minutes of Continuous Downtime Credit
60 to 179 Minutes25% credit
180 Minutes or More50% credit
In order for a customer to receive a credit on their account, the customer must request such credit within seven (7) business days after customer experienced no Web Site Availability. Customers must request credit by sending an email to our billing department. For security, message must contain customer name, the dates and times of the unavailability of customer web site, and such other customer identification requested by The Waregroup UK LTD. Credits will usually be applied within sixty (60) days of customer credit request. Credit to customer account will be customers sole and exclusive remedy in the event that there is no Web Site Availability.
Restrictions
Credits will not be provided to a customer in the event that the customer has no Web Site Availability resulting from (i) scheduled maintenance as posted from time to time via email bulletins, direct mail and at designinfusion.co.uk, (ii) customer behaviour including acts or omissions of customer, or any use or user of the service authorised by customer, or the performance or failure of customers equipment, facilities or applications, or customers ISP or connection to the internet, or (iii) circumstances beyond The Waregroup UK LTDs reasonable control, including, without limitation, acts of God, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of customers service.
