Click for: Service Level Agreement
Terms and Conditions
Unless
otherwise stated within your contract, this is our standard terms of service as
of November 1st 2007.
1
- Terms & Conditions of Service
The term “Customer” refers to the person,
organisation, or company making an agreement for provision of services or
equipment directly with RPM Hosting Ltd.
1-1
A judgment or
ruling on one section or subsection of this document shall have no bearing on
the validity, or enforceability of any other section or sub section. RPM
Hosting Ltd is and English Company, and as such any legal issues relating to
the RPM Hosting Ltd will be dealt with under English Law.
1-2
A waiver by RPM
Hosting Ltd of any breach of this agreement by the Customer shall not operate
as or be construed as a continuing or subsequent waiver for the breach, or as a
waiver of any other breach.
1-3
Use of the
Service. The use of the service is subject to the provisions laid out in the
Terms and Conditions of Service (TCS - this document) and the “Acceptable
Use Policy” (AUP). Breach of this will result in immediate termination of
service without refund, with the Customer retaining all liabilities in relation
to the breach. The AUP may be changed from time to time at the discretion of
RPM Hosting Ltd without prior notification to the Customer. The Customer
understands that changes to the AUP by RPM Hosting Ltd within the spirit of the
agreement do not constitute, and shall not be used as, grounds for early
termination of contact. In addition RPM Hosting Ltd shall endeavour do deliver
a level of service that meets or exceeds that laid out in the service level
agreement (SLA), in which the results of its failure to do so are also laid
out.
1-4
Acceptable Use
Policy (AUP). The main objective of the AUP, which by agreeing to this document
you will be bound to abide by, is to provide specific incites into what it
might be deemed unacceptable to use the service for. This largely, but not
exclusively defines un-acceptable use as use for anything illegal, immoral, or other
activates that might bring RPM Hosting Ltd’s name or reputation into
disrepute, be detrimental to other internet users, or cause other internet
users harm, hassle, annoyance, inconvenience, or the like. Breach of the
Acceptable use Policy (laid out below) constitutes breach of the terms and
condition.
1-5
Breach of Terms
and Conditions of Service (TCS). In the event of a breach of these terms and
conditions, the Customer agrees to accept all liabilities and costs incurred by
RPM Hosting Ltd associated with the breach. Also the Customers service may at
RPM Hosting Ltd’s sole discretion be ‘terminated without
refund’. In this event it shall be treated as though the Customer had
provided notice of cancellation of service effective immediately the breach is
discovered. The Customer shall then receive no further service, and pay RPM
Hosting Ltd any monies that would be owed as per cancellation (see 1-19 below).
1-6
Indemnification:
The Customer agrees that RPM Hosting Ltd will not be held liable for any damages
arising from sources beyond RPM Hosting Ltd’s sole and direct control
further more the Customer agrees that in any event RPM Hosting Ltd’s
total liability shall in no event exceed the amount paid by the Customer since
and during the time the damages occurred. In addition to this the Customer
agrees to fully indemnify RPM Hosting Ltd for any liability resulting from a
breach of the terms and conditions or the acceptable use policy, or any claim
of any sort resulting from the service, because the service is functioning
incorrectly, not functioning, or as a result of side effects from it operation.
RPM Hosting Ltd takes no responsibility for any material not produced by RPM
Hosting Ltd made available on RPM Hosting Ltd’s network. The Customer agree
to take full responsibility and liability for content contained or transmitted
on or through services used by them, and to indemnify RPM Hosting Ltd against
any claims resulting from this content. This means that if RPM Hosting Ltd is
sued because of a Customer's or a Customer of a Customer’s activity, the
Customer will pay any damages awarded against RPM Hosting Ltd, plus all
associated administrative, legal, and other associated costs in full by a date
no more than one calendar month after the cost is incurred. The Customer agrees
not to hold RPM Hosting Ltd liable for any damages, punitive or otherwise,
incurred by the Customer or Customers business, as a result of services
supplied, or not supplied. RPM Hosting Ltd does not make implied or written
warranties for any of our services. RPM Hosting Ltd denies any warranty or
merchantability for a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by RPM Hosting Ltd. Nothing in this agreement excludes or
limits the liability of RPM Hosting Ltd’ for fraudulent
misrepresentation, or for death or personal injury resulting from RPM Hosting
Ltd’s gross negligence or the gross negligence of RPM Hosting Ltd’s
agents or employees.
1-7
Insurance. Prior
to occupancy and during the term of use of any Co-Location Facility, the
Customer will procure, and maintain Public Liability insurance of an amount not
less than one million pounds sterling (£1,000,000) per occurrence for
personal injury and property damage. The Customer must also procure and
maintain All Risk Property insurance covering all of the Customer’s
property in the Co-Location area. The Customer shall require any contractor
entering the collocation area on the Customers behalf to maintain the same
insurance standards. The Customer agrees to provide to RPM Hosting Ltd for its
inspection certificates of such insurance.
1-8
Contact
Information. Customers must provide RPM Hosting Ltd with, and keep current
contact information, this includes e-mail, fax, telephone, and contact address,
and such other details as may be requested. E-mail is the preferred contact
method for general communiqué. RPM Hosting Ltd, can not be held
responsible for problems that may arise from a Customer failing to provide and
maintain current and accurate contact information. RPM Hosting Ltd will be
relieved of all its contract obligations if contact information for Customer is
out of date or inaccurate due to the Customer's action, inaction or omission or
if RPM Hosting Ltd’s failure is due to reasons of Force Majeure or other
circumstances beyond RPM Hosting Ltd reasonable control.
1-9
Rental Period.
The minimum rental period is 3 (three) calendar months; setup and rental fees
once paid are final and non-refundable. The rental period commences the day the
Customer receives access to the service, which may be before payment has
cleared. Payment and or receipt of services constitutes acceptance of TCS (this
document), which as outlined above, we reserve the right to revise the AUP
section of without prior notice if the alteration is within the spirit of the
document.
1-10
Establishment of
Service. Establishment of this service is dependent upon receipt by RPM Hosting
Ltd of payment of the stated charges, although we may at our sole discretion
provide you with access prior to receiving you payment when this date shall be
the date of establishment of services. The service contract is automatically
renewed subject to the current “TCS” for a further period equal to
the initial contracted period and at a price equal to the previous price,
unless otherwise agreed in writing, unless notice of cancellation is received
not less than three calendar months before the end of the contracted period
(see 1-19 below).
1-11
Invoice Rental.
Invoices are for rental of or use of services, and are not for sale of physical
objects, unless specifically stated. Services are provided at the agreed
location, which unless otherwise agreed is assumed to be a RPM Hosting Ltd rack
of RPM Hosting Ltd’s choosing. When physical goods are agreed to be sold
by RPM Hosting Ltd, they remain property of RPM Hosting Ltd, until paid for in
full.
1-12
Payment. Payment
is due whether demanded or not. Payments for subsequent rental periods are to
be received as cleared funds by the due date on the invoice. Failure to do so
will result in RPM Hosting Ltd at its discretion, to make the assumption that,
the contract is to be cancelled at the end of the already paid for period, or
if this has already been completed with immediate effect, in addition this
shall be construed as a cancellation made less than three calendar months
notice of cancellation (see 1-8 below). If RPM Hosting Ltd, does not assume the
service to be cancelled, it will be deemed to be late payment (see 1-13 below).
1-13
Late Payment. If
payment is not made by the due date, RPM Hosting Ltd at its sole discretion may
apply a 10% (ten percent) late fee charge or credit charge to the account, in
addition servers and switch ports may be disconnected, deactivated and or
unplugged (£100 fee will be charged per box and switch port that
subsequently requires to be reactivated or reconnected). Downtime resulting
from non payment or late payment shall not entitle the Customer to, or be
counted for the purposes of, any form of credit or refund, as might otherwise
be the case.
1-14
Payment Action.
When you make payment you may be asked to perform a specific action to enable
RPM Hosting Ltd to credit your payment to you account, such as ensure that the
remittance slip is included with a cheque, or e-mail details to RPM Hosting Ltd
in a specific format. RPM Hosting Ltd will not be held liable for the
consequences of the Customers failure to do so. This may include the server or
server space you wished to renew being resold/ re-rented/terminated etc. with
the associated lose of data, IP’s etc. and possible unavailability of an
equivalent service. Also that there my have been other actions associated with
non-payment or late payment set in motion.
1-15
Account
Collection. Accounts that are not collectable by RPM Hosting Ltd may be turned
over to an outside collection agency for collection, or payment may be sought
through the legal system. In either event, you agree to pay RPM Hosting Ltd a
"Processing and Collection" fee of £250 (two hundred and fifty
pounds sterling) in addition to any associated administrative, legal or other
costs incurred by RPM Hosting Ltd or its agents as a result.
1-16
Customer
Equipment Retention. The Customer agrees that RPM Hosting Ltd, may hold any
equipment placed in the RPM Hosting Ltd controlled area, and deny the Customer
access to the equipment, until payment of outstanding monies owed to RPM
Hosting Ltd is made, even in the event of cancellation.
1-17
Customer
Equipment Sale. The Customer empowers RPM Hosting Ltd, to act as the Customers
agent for sale of the Customers equipment held be RPM Hosting Ltd to cover
invoices remaining unpaid one month or more after the due date, and additional
costs incurred as a result of the sale. If the price obtained for the goods
does not cover the value of the invoices, and associated costs, RPM Hosting Ltd
reserves the right to take further action to recover monies owed. If the monies
raised are in excess of that owed to RPM Hosting Ltd and RPM Hosting
Ltd’s associated costs, the balance will be returned to the Customer
within one calendar month of there receipt by RPM Hosting Ltd.
1-18
End of Current
Contract Period Cancellation. Accounts & Service cancellations can only be
made in writing to the registered offices of RPM Hosting Ltd and must be
received with not less than three calendar months until the end of the current
contract period.
1-19
Other
Cancellation. The Customer may cancel there contract at anytime time In the
event of cancellation Customer will still be liable to pay all monies that
would be owed to RPM Hosting Ltd from the date of cancellation to the end of
the period for which the services were to be provided. From the point the
cancellation becomes effective the Customer shall receive no further service,
and be bound to pay the remaining monies owed to RPM Hosting Ltd.
1-20
Termination of
Contract: RPM Hosting Ltd reserves the right to terminate any contract for any
reason, without notice and provides a refund in proportion to the period which
has already been paid for by the Customer, without further obligation.
1-21
Setup &
Maintenance: To reflect the general occasional nature of network changes RPM
Hosting Ltd is obliged to provide no more than one network change per month to
the Customer. When a Customer requires a networking configuration at the RPM
Hosting Ltd end to be setup or changed, this can only be done at a mutually
agreed time during office hours, with a minimum of two working days notice.
Changes can be made out of hours as above but will be charged for the time it
takes to prepare, carryout and test the network changes at £70+vat per
hour or part there of. RPM Hosting Ltd reserves the right postpone or cancel
any agreed network changes due to reasons beyond its reasonable control.
1-22
Support and
Access: Access to the equipment owned by the Customer and held in an access
controlled area can be arranged with 48 hours notice. Permission to place
equipment in the rack must be requested two working days in advance. Permission
to remove equipment requires two working weeks notice, and will be granted only
when all monies owed to RPM Hosting Ltd are paid in full. RPM Hosting Ltd, at
its sole discretion may demand that a site visit be supervised by an onsite
technician, a member of RPM Hosting Ltd staff or their agent, the cost of which
the Customer agrees to pay. In the event of a dispute over whether all monies
owed have been paid or not, RPM Hosting Ltd reserves the right to refuse
permission to remove the equipment in order to seek legal council. Dedicated
servers, shell accounts, and game servers are unmanaged by RPM Hosting Ltd, and
as such RPM Hosting Ltd, is obliged to provide no technical support of any kind
for server software configuration in relation to them. The exception to this is
when an internet connection is also being provided by RPM Hosting Ltd, in which
has we will configure or aid you in configuring the server for your internet
connection. RPM Hosting Ltd, may at its discretion provide limited software
advice to the best of its abilities to resolve a Customer’s problems, but
will not be responsible for loss of data, internet connectivity, revenue, or
the like as a result of actions carried out by anyone based on the advice
given. RPM Hosting Ltd, will support + hardware problems on its equipment, to
enable the Customer to utilize the service for which the Customer has paid, and
if necessary provide a replacement machine or equal or greater specification,
in accordance with “Fault Notification” Section in the SLA (below).
The RPM Hosting Ltd racks are housed in a building operated by Verizon.
Customers may request that we ask Verizon technicians to carry out a
Customer’s instructions from on site, for example if a Customer
accidentally disables internet access to the server they are renting. The
Customer will be charged for this service in relation to the cost incurred by
RPM Hosting Ltd for performing the actions requested, with additional charges
as agreed and the Customer agrees to pay this immediately upon receipt of
notification of such charges.
1-23
Domain Name
Service. New accounts which involve the setting up of or transfer of a domain
from another provider to RPM Hosting Ltd, by RPM Hosting Ltd or its agents will
require a minimum of seven days to be completed. In some cases, transfers may
take up to sixty days. Due to the unpredictable nature of the process, no
guarantees are made regarding the amount of time a specific transfer may take,
although RPM Hosting Ltd will endeavour to have this completed as quickly as
reasonably possible.
1-24
IP Address
Ownership. If RPM Hosting Ltd assigns the Customer an internet protocol address
for the Customer's use, the right to use that Internet Protocol address shall
belong only to RPM Hosting Ltd, and the Customer shall have no right to use
that Internet Protocol address except as permitted by RPM Hosting Ltd in its
sole discretion in connection with the Services, during the term of this
agreement. RPM Hosting Ltd shall maintain and control and ownership of all
internet protocol numbers and addresses that may be assigned to the Customer by
RPM Hosting Ltd, and RPM Hosting Ltd reserves the right to change or remove any
and all such Internet Protocol numbers and addresses, at its sole and absolute
discretion.
1-25
Bandwidth and
Disk Usage. The Customer agrees that bandwidth and disk usage shall not exceed
the number of megabytes per month for the Services ordered by Customer on the
Order Form. RPM Hosting Ltd will monitor Customer's bandwidth and disk usage.
RPM Hosting Ltd shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges (overage charges), disconnection
or discontinuance of any or all Services, or termination of this Agreement.
Which action or actions may be taken is in RPM Hosting Ltd's sole and absolute
discretion. If RPM Hosting Ltd takes any corrective action under this section,
Customers shall not be entitled to a refund of any fees paid in advance prior
to such action.
1-26
Network. RPM
Hosting Ltd’s resources are limited, and abuse of its resources by one
user is can be detrimental to others this is not acceptable. Internet traffic
directed to, passing through, or coming from a RPM Hosting Ltd Customer’s
connection to RPM Hosting Ltd’s network, is the liability of the
Customer. Any such traffic that RPM Hosting Ltd at its sole discretion
considers objectionable under any grounds, such as but not limited to undue
volume of traffic for the service the Customer uses, its content or
composition, is grounds for immediate termination of the Customers service
without refund. Abuse of network resources, that can be detrimental to either
RPM Hosting Ltd, or other network users is grounds for immediate termination of
service without refund. RPM Hosting Ltd does not wish to be subject to attacks,
specifically but not limited to, DOS or DDOS attacks. In the interests of this,
operating services that are prone to being subject to attacks, specifically but
not limited to running IRC related services, and shell services, is not
advised. In the event of such an attack, RPM Hosting Ltd reserves the right to
take what ever action it considers necessary to bring the attack to an
immediate halt, without the results of this action counting against the SLA (2)
below, and RPM Hosting Ltd may at its sole discretion terminate the service
immediately with out refund, and or pass on any charges incurred by RPM Hosting
Ltd as a result of such an attack to the Customer.
1-27
Backups. RPM
Hosting Ltd, does not keep backups of Customers data, it is the Customers
responsibility to do so. RPM Hosting Ltd strongly advises Customers to keep
regular and current backups to guard against potential loss of data
1-28
Equipment. RPM
Hosting Ltd, will provide the agreed equipment, or superior equipment for the
agreed rental period. The Customer will be given electronic access to the
agreed equipment with the hardware in a fully functional state, and a basic
installation of the requested operating system. The operating system, and
further software the Customer may wish to install, may require additional
configuration by the Customer this entails technical expertise on the part of
the Customer as RPM Hosting Ltd does not provide support for such actions. The
equipment must remain in the RPM Hosting Ltd rack, or the agreed location.
1-29
IP Transit
Overages. If the client has agreed to a committed data rate (CDR), then any
usage above and beyond this level will be charged at 10% above your CDR Price.
1-30
Pricing. RPM
Hosting Ltd will endeavour to maintain a competitive pricing structure, but
prices may change with one month’s written notice due to market or
supplier changes