Definitions and Interpretation
TERMS OF SERVICE
Where the context admits: “We”, “Us” & “Our” includes SS Computer Services Ltd of: Suite C, Aqueous 3, Euro Innovation Centre, Aston, B6 5RQ or any party acting on SS Computer Services Ltd.’s implicit instructions.
“The Client” & “The Client’s” includes the person purchasing the Services or any party acting on the customer’s instructions. Under this Agreement We provide Internet connectivity services (the “Bandwidth”), the equipment (the “Server”), the availability of space to store and operate such equipment (the “Space”) and the licensing of software (the “Software”), together comprising the dedicated server package under this Agreement (together, the “Services”). The relationship entered into between The Client and Us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between The Client and Us
1. Server Hardware
1.1. We will be the owner of the Server.
1.2. The Server shall be installed and operated in the Space by Us. The Client will have no right of physical access to the Server or the Space.
1.3. The Client acknowledges that, We cannot guarantee that the Server will be free from defects. Nor can We guarantee that it will operate uninterrupted or without failure. We shall use our reasonable endeavours to make available to The Client at all times the Services but We shall not, in any event, be liable for interruptions of service or down-time of the Server and We shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
1.4. Should We become aware of a Server fault, We will repair the Server or provide an equivalent Server as a replacement as soon as practicably possible.
1.5. Any replacement Server will be provided in the default configuration as the Server was originally supplied. We do not warrant that any data, content or settings present on the original Server will be transferred to the replacement
2. Network Connectivity & Bandwidth
2.1. We will provide a means for The Client to monitor the data usage of the Server. The Client accepts that if the Server exceeds its data quota in any billing period, We will charge The Client for the additional data transfer at our standard rate.
2.2. Any access to other networks through the Services must comply with the rules appropriate for those other networks.
2.3. We may assign to the Server on a temporary basis a number of Internet Protocol Addresses (“IP Addresses”) from the address space assigned to Us by the RIPE. The Client acknowledge that the IP Addresses are the sole property of SS Computer Services Ltd, and are assigned
to The Client as part of the Services, and agree that The Client will have no right to IP Addresses upon termination of this Agreement. We reserve the right to change the IP Address assignments at any time.
2.4. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Services.
3.1. We grant The Client a non-transferable, nonexclusive license to use the Software, in object code form only, for The Client internal needs, solely on the Hardware provided, and in conjunction with the Services.
3.2. The Client agrees that they will not:
3.2.1. Copy the Software.
3.2.2. Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software.
3.2.3. Sell, lease, license, transfer or sublicense the Software or the documentation.
3.2.4. Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.
3.3. This Agreement transfers to The Client neither title nor any intellectual property rights to the Software, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith, except for the limited license to use in Section 3.1.
3.4. Any third party software is supplied to The Client on the basis of the relevant third party’s license terms with which The Client agree to comply.
3.5. We will use Our reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to The Client.
3.6. The Client acknowledges that software in general is not error-free, and agrees that the existence of such errors will not constitute a breach of this Agreement.
4. Support & Management Services
4.1. We will install the Software detailed in the product specification onto the Hardware in our standard configuration free of additional charge.
4.2. We will endeavour to apply security patches or take mitigating action such as blocking certain network traffic to maintain the integrity of the Server when We are made aware of a security vulnerability in Software installed as standard which We deem a threat considering the intended use of the Services for web site hosting, however We do not warrant that the Software will be free from defects or vulnerabilities nor that the Server will be free from unauthorised users or hackers.
4.3. We are not obliged to install onto the Server any additional software for The Client or modify the configuration of existing software from its default. The Client acknowledges that should We agree to do so, a charge may be made to cover employee time.
4.4. We provide technical support relating to the Server and Software physically functioning. We do not offer technical support for application specific issues such as CGI programming, HTML or any other such issue.
4.5. We do not provide technical support for The Client’s customers.
4.6. Our obligation to provide support and management services will not extend to:
4.6.1. Software or systems not installed as standard by