Terms of Service

  1. Definitions and Interpretation

    1. In these Conditions:
      "Accepted Order" means an Order which has been accepted by the Company, acceptance being indicated by an Order being delivered by the company;
      "Agreement" means any agreement made subject to these Conditions that shall incorporate these Conditions;
      "Company" means Green Colo Ltd (company registered number 07978744) of 2 Delme Place, Cams Estate, Fareham Hants, PO16 8UX, United Kingdom;
      "Company Equipment" means any equipment owned by the Company and used in connection with the provision of a service, or which is supplied by the Company for lease by the Customer under an Accepted Order;
      "Customer" means any person or organisation with whom the Company enters into an Agreement subject to these Conditions;
      "Domain Name" means any name and appropriate classification and or geographic locator registered with an appropriate domain registry and converted to an Internet Address by means of a Domain Name Server;
      "Internet Address" means such sequence of alpha numeric or numeric only characters as are used from time to time by the Customer to identify himself and or his computer or computers to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer;
      "Internet" means the global data network comprising interconnected networks using TCP/IP to which the company is connected and provides access to its Customers;
      "ISP" means an Internet Service Provider;
      "Leased Equipment" means any equipment owned by the Company and leased to the Customer;
      "Network Operator" means the legal entity or entities responsible for operation of a communications network;
      "Password" means the alphanumeric characters chosen and used exclusively by the Customer at his own risk for the purpose of securing and maintaining the exclusivity of his access to the Company's service;
      "PDN" means the Public Data Network operated by a PTO as defined by the Telecommunications Act 1984;
      "PSTN" means the Public Switched Telephone Network operated by a PTO as defined by the Telecommunications Act 1984;
      "PTO" means a Public Telecommunications Operator as defined by the Telecommunications Act 1984;
      "RIPE" means the Réseaux IP Européens - RIPE administer and provide technical co-ordination necessary to enable the operation of a pan-European IP network. RIPE manage the allocation of all IP's in Europe;
      "Service Commencement Date" means the date identified as the delivery date on the company invoice to the Customer;
      "Service" means the services described in the current Company literature together with such Value Added Services to be provided by the Company to the Customer but in any event include the provision of data network services using TCP/IP. Representations made by the Company's distributor will not form part of this agreement unless confirmed in writing prior to purchase of the service;
      "TCP/IP" is the abbreviation for Transmission Control protocol/Internet Protocol;
      "User Name" means such sequence of alpha numeric characters as are used from time to time by the Customer to identify himself to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer;
      "Value Added Service" means the provision of a service other than simple connectivity that may be detailed in the current Company brochure.

    2. In these Conditions and an Agreement, unless the context otherwise requires or is otherwise specified:

      1. reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
      2. words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;
      3. any reference to a party includes a reference to its successors in title and permitted assigns;
      4. references to clauses and schedules are to be construed as references to the clauses of, and schedules to, these Conditions or the Agreement;
      5. the headings to the clauses are for ease of reference only and shall not affect the interpretation or construction of these Conditions or the Agreement.
    3. In the event of any conflict (whether as to interpretation or otherwise) between the provisions of an Accepted Order, the Agreement, these Conditions and the provisions of any other agreement or document referred to in this Agreement the following order of precedence shall apply:

      1. the Accepted Order;
      2. the Agreement;
      3. these Conditions; and
      4. that other agreement or document.
    4. A third party who is not a party to the Agreement has no right to enforce any term of it
  2. ACCEPTANCE OF Orders

    The Company reserves the right to refuse any order for subscription, services or goods.

  3. The Service
    1. Subject to these Conditions the Company will, as required and subject to the Customer Order:
      1. provide the agreed amount of space, conditioned uninterruptable power and cooling for the Customers Colocated hardware
      2. provide an internet connection and IP address's
    2. The Company shall procure the provision of connectivity to the Customer as soon as reasonably possible. Any date indicated by the Company as a date for connection is an estimate only and may be liable to change without prior notification to the Customer. Accordingly the Company will not be responsible for any delay in connection beyond such a date.
    3. It shall be the responsibility of the Customer to ensure that the contact, billing and other email addresses, mail address, telephone and fax numbers held by the Company are correct and up to date. Customers must ensure that email and other addresses etc. are updated within 5 days of the change becoming effective. The Company will not be held liable for any failure to contact Customers via addresses held within records but not updated by Customers.
  4. RIGHT TO CHANGE USERNAME, INTERNET ADDRESS AND PASSWORD

    The Company shall have the right from time to time to change the Customers User Name, (IP) internet address and or password allocated by the Company for the purpose of essential network maintenance, enhancement, modernisation or other work deemed necessary to the operation of the Companies network. Any such changes to be notified to the Customer not less than 3 months before the change comes into effect.

  5. PAYMENTS
    1. Charges for the Service shall be paid by the Customer to the Company in advance at the predetermined frequency (monthly, quarterly, annually).
    2. The Company reserves the right to vary from time to time all charges with one months' notice to the Customer.
    3. If this agreement is upgraded to provide a higher level of service, then the service will continue at the higher rate for the remainder of the contract period.
    4. All payments shall be due to the Company net on presentation of invoice unless otherwise specified on the invoice at the Company's main office or at such other address as may from time to time be specified by the Company in writing. All usage charges shall be payable in full in respect of the month in which the notice to terminate the Agreement expires.
    5. Interest payable on demand whether before or after judgement shall accrue from day to day on overdue amounts at the rate of 2% above base rate together with VAT if applicable.
  6. USAGE
    1. The Customer hereby agrees to:
      1. Accept and abide by the Companies Acceptable Use Policy as published on its website at: http://www.farehost.co.uk/aup.pdf and as may from time to time be changed.
      2. refrain from knowingly transferring any illegal material (including but not limited to material which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or in breach of copyright, privacy or other rights) to or from other users of the service or the PDN and the other privately owned and operated services to which the Company may from time to time provide access;
      3. refrain from sending menacing, offensive, abusive or annoying messages (commonly referred to as, but not exclusively, "spam" or Unsolicited Commercial Email "UCE"), whilst using the Service via the Company or any other ISP;
      4. not divulge their Password to any third party and use all reasonable endeavours to keep the same confidential and inaccessible to third parties;
      5. keep the Company informed of any change to the Customer's address as set out overleaf and other such information as may affect the payment of charges due;
      6. immediately cease to use and return any Internet Addresses allocated by the Company to the Customer on termination of this Agreement;
      7. not to announce by any means any and all Internet Addresses allocated to or by the Customer by the Company as part of an autonomous system unless the addresses originate from inside the Company's network and the customer has obtained permission from the Company to operate an autonomous system;
      8. not to use or permit the usage of the Service in an unlawful manner or in contradiction of published legislation and regulations governing the Internet; and
    2. The Company reserves the right to limit, restrict or suspend internet traffic to or from a Customer:
      1. in the event of failure to abide by the published terms of the Acceptable Use Policy. This may include, but not exclusively, the transmission of unsolicited email.
      2. To protect the Company's operations, network infrastructure
      3. in the event of the Company becoming aware of illegal content
      4. to limit the Customers' liability in the event of suspected security breach

      In such event the Company will make efforts to contact the customer before hand and will as far as possible limit the restrictions to cause minimal impact to the Customers service.

    3. The Company reserves the right to make a £75 administrative charge as a result of repeated abuse of the Acceptable Use Policy.
    4. LIABILITY
      1. The Company shall not be liable for the following to the extent permitted by the applicable law:
        1. indirect damages, loss of profits, business revenue, goodwill or any economic loss;
        2. any claim made against the Customer by another third party that does not follow a breach of these Conditions by the Company;
        3. any loss or damage to the Customer caused by or arising from any act or omission of the Customer, any PTO or Value Added Service supplier; or other customer or persons; or
        4. any act caused as a result of force majeure or beyond the Company's control.
      2. The Company's total liability for any loss or damage suffered by the Customer shall not exceed the greater of £1,000 or the aggregate of all charges payable or paid by the Customer for the Service supplied in the 6 month period beginning on the Service Commencement Date or its anniversary in which the event giving rise to the claim occurs.
      3. Neither party excludes or limits its liability to the other for death or personal injury resulting from the proven negligence of either party, its employees or agents.
    5. CHANGES TO THE SERVICE
      1. If any Network Operator shall discontinue the provision of telecommunications services to the Company or shall alter by modification, expansion, improvement, maintenance or repair the telecommunications services or any part thereof provided to the Company or shall disconnect the Customer's apparatus from the PSTN, PDN or Internet, the Company shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Services as necessary.
      2. If a Customer's equipment produces excessive heat, generates disruptive or excessive internet traffic or any other kind of disturbance or nuisance which affects equipment operated by other customers or the Company, the Company reserves the right, on giving three months written notice to the Customer, to relocate a customer's rack and/or equipment.
    6. SUSPENSION

      The Service may be suspended or suspended during peak times by the Company without notice and without prejudice to the company's rights of termination under clause 10 in the event of the following:

      1. Failure by the Customer to make any payment to be made to the Company on its due date for payment.
      2. If the Customer does or suffers anything to be done which jeopardises the Service or any network to which the Customer is from time to time connected.
      3. If the Customer's credit limit has been exceeded or if the Customer is otherwise in breach of these Conditions.
      4. No such suspension shall affect the liability of the Customer to pay charges and other amounts to the Company, and without limitation, the annual subscription charge will continue to accrue. During suspension the Company reserves the right to refuse to release the Customer's Internet Address as issued by the Company.
    7. TERMINATION

      This Agreement shall remain in force for a minimum period of 30 days, or unless as shown otherwise agreed, from the date of an Accepted Order. Termination can be effected as follows:

      1. By the Customer
        1. The Customer may terminate this Agreement by giving 15 days ' written notice, which may expire at any time after 30 days, Email notification will be accepted as notice of termination of Agreement.
      2. By the Company
        The Company may terminate this Agreement:
        1. at any time and without notice if the Customer commits any breach of this Agreement including, but without limitation, non-payment of any subscription charges; or
        2. by at least 1 months written notice to the Customer; or
        3. with immediate effect if bankruptcy or insolvency proceedings are brought against the Customer, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of the Customers assets, or the Customer goes into liquidation.
      3. The Company reserves the right to invalidate any Customers User Name and Internet Address issued to the Customer following termination of this Agreement.
      4. Domain Name transfers will not be made until all outstanding amounts have been paid by the Customer.
      5. Domain Names shall remain the property of the Company until all outstanding amounts have been paid by the Customer except in such situations where the Domain Name has been previously registered and paid for in full by the Customer or third party.
      6. The Customer shall at his own cost return to the Company all equipment cables and literature belonging to the Company within 5 days of final completion of the agreement and ensure that it arrives in good working order.
      7. The Company has the right to terminate the Contract immediately if the Customer any of its employees or agents engages in any conduct that is prejudicial to the Company or in the event of non-payment of the Fees by the Customer within thirty (30) days of the due date for payment.
      8. Upon receipt by the Company of Notice of Termination, all invoices, including the termination invoice, will become due for immediate payment.
      9. Upon termination, the provision of the Services shall immediately cease and the Customer shall:
        1. pay all outstanding Fees and charges due under the Contract, including (but not exclusively) contract termination costs and excess bandwidth charges
        2. at it's own cost, remove all its equipment from the premises without delay (providing all outstanding fees due under this contract are paid);
        3. return to the Company any materials and Restricted information belonging to the Company.
      10. The Company does not tolerate abusive behaviour from anyone and reserves the right to terminate, without further notice or refund, the services of any customer who demonstrates abusive, intolerant, violent or verbally abusive behaviour towards the Company's staff, contractors or other customers.
    8. RIGHTS ON TERMINATION
      1. Termination of the Agreement shall not affect any pre-existing liability of the Customer or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the Customer of the Agreement.
      2. On termination of the Agreement the right to the use of the Internet Address allocated by the Company shall revert to the Company under RIPE terms or agreement except where a specific agreement has been reached in writing between the RIPE and the Customer for the transfer of the Internet Address and the fee or other payment required by the Company in connection with such transfer has been paid for by the Customer.
      3. In the event of termination of the Agreement by the Company on account of any breach of these Conditions by the Customer, the Company shall be entitled to the balance of all annual subscription payments and call charges which would, but for such termination, have accrued up to the earliest date on which the Agreement could have been terminated by the Customer in accordance with these Conditions.
    9. USER NAME AND INTERNET ADDRESS

      The Company shall not be requested or required to release the User Name, Domain Name or Internet Address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the Customer has complied with all its obligations hereunder. Domain Names, when registered by the Company at the request of the Customer, remain the property of the Company until all sums due have been received.

    10. NOTICES
      1. Any notices under or in connection with this Agreement shall be served by Electronic Mail
      2. Suspension notices for non-payment of charges will be deemed as delivered 1 business day after acceptance for delivery by the recipients mail server
    11. EXPENSES OF THE COMPANY

      The Customer shall pay to the Company all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company.

    12. NON-WAIVER

      The allowance of time to pay or any other indulgence by the Company in respect of payments due to it shall in no manner affect or prejudice its right to payment together with interest provided under these Conditions.

    13. INVALIDITY

      If these Conditions or the Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged to be valid effective and enforceable if part of the wording were deleted or a provision were reduced in scope these Conditions of the Agreement shall continue with such modifications as may be necessary to make its provisions (or if such be the case its remaining provisions) valid effective and enforceable.

    14. CONFIDENTIALITY

      Each party hereto undertakes to the other that it shall keep, and shall procure that its directors and employees shall keep secret and confidential and shall not use or disclose to any other person any information or material of a technical or business nature relating in any manner to the business, products or services of the other party which the first party may receive or obtain in connection with or incidental to performance of the Agreement, provided that:

      1. the first party shall not be prevented from using any general knowledge, experience and skills not treated by the other party as confidential or which do not properly belong to the other party and which the first party may have acquired or developed at any time during the Agreement;
      2. the first party shall not be prevented from using the information or material referred to above to the extent such information or material comes into the public domain otherwise than through the default or negligence of the second party; and
      3. notwithstanding the above, either party shall have the right to communicate any information concerning the other party to any Government department or body or other authority established by statute or under subordinate legislation, where such information is required by law or is otherwise properly required under a PTO licence, Office of Telecommunications regulation, or Code of Practice or otherwise.
    15. ASSIGNMENT

      Neither party shall assign or transfer any of its rights or obligations under an Agreement save that the Company may assign to an associated company within the meaning of Section 416 of the Income and Corporation Taxes Act 1988, on notice.

    16. MISCELLANEOUS
      1. The Company and the Customer acknowledge and agree that this Contract shall not establish or constitute any relationship of partnership, joint venture, employment, franchise or agency between the parties. Neither party will have the power to bind the other without the other's prior written consent.
      2. Any typographical, clerical or other error in any sales literature, marketing materials, quotation, price list or other document issued by the company or contained on any page of the company website shall be subject to correction without any liability on the part of the company. For the avoidance of doubt, the company brochure and other sales literature or marketing materials (either appearing on the company website or in printed form) are not incorporated into and do not form part of this contract.
      3. The customer agrees that the company may refer to the customer (with relevant description of the customers business) in any of the company's marketing materials or on the company website. The customer hereby grants the company a limited licence to use any customer trade names and trademarks solely in connection with such marketing.
      4. Except as expressly provided, the parties do not intend any term of this Contract to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
      5. The failure or delay of the Company to enforce any part of the Contract shall not affect or waive the Company's rights to enforce it at a later date.
    17. OTHER PRINTED OR STANDARD CONDITIONS
      1. All Services are provided on the foregoing conditions which, together with any special terms set out on an Order or in the Agreement, constitute the entire agreement to the exclusion of any other terms and conditions and no agreement terms and conditions contained in any document sent by the Customer to the Company shall be of any effect with respect to the Agreement unless expressly accepted by a duly authorised officer of the Company in writing.
      2. The Customer acknowledges that the Customer has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis of any representation, warranty, undertaking or statement which is not set out in these Conditions, the Agreement or an Accepted Order, including any representation made by or on behalf of the Company in relation to the Service which has induced the Customer to enter into the Agreement with the Company.
    18. VARIATION

      The Company reserves the right to vary these Conditions as a result of changes required by its insurers, new legislation, statutory instruments, Government regulations or licences. These Conditions may not otherwise be varied or waived except by express written agreement between both parties.

    19. SERVICE LEVEL GUARANTEE
      1. In the event of interruption of Service due to a technical fault or act of God, the Company will use all possible endeavours to resume service with minimum delay but will not be responsible for loss suffered by the Customer.
      2. The Company may interrupt the Service from time to time for necessary technical reasons and upgrades without invalidating its Service Level Guarantee set out above provided that 12 hours notice via the Company's network status page or email has been sent to the Customer and the period of suspension is not more than one hour. The Company shall use its reasonable endeavours to time such suspensions occur at a time suitable to the customer, normally between 0000 hours and 0500 hours local time.
      3. The Company offer two levels of service "Standard" - no less than 99% and "Enhanced" - 100%. Enhanced is available for a 5% premium on the Companies normal fees.

        "Standard" service level agreement excludes failures of network/equipment/circuits not operated by the Company

        "Enhanced" service level agreement includes failures of network/equipment/circuits not operated by the Company.

      4. An outage or service interruption event is defined when the second ping test (If monitored by the Company) fails or when the Customer notifies the Company.
      5. If the event reported is confirmed by the Company, then the Customer will receive service credit as calculated by the following formula:

        Availability of the service shall be calculated at the end of each month in accordance with the following formula:

        Calculation of Downtime

        Downtime is calculated from the time of notification of a fault by either the Company or the Customer, and ends when the service is restored to full working order. These times will be logged and notified via e-mail.

        Compensation Calculations

        1. Service Level Guarantee

          In the event that availability falls below the guaranteed level of 99% in any particular month, then The Company shall credit the Customer using the following guide:

          Availability % Reimbursement rate
          % of monthly charge           		Maximum outage period
          Above 99 0 7.44 hours
          95.00 - 98.99 5 37.2 hours
          90.00 - 94.99 10 74.4 hours
          85.00 - 89.00 15 111.6 hours

        2. Enhanced Service Level Guarantee

          In the event that availability falls below the level of 100%, then the Company shall credit the Customer using the following guide:

          Availability % Reimbursement rate
          % of monthly charge           		Maximum outage period
          Above 99.7 5 2.23 hours
          99.00 - 99.69 10 7.44 hours
          95.00 - 98.99 15 37.2 hours
          90.00 - 94.99 20 74.4 hours
          85.00 - 89.99 25 111.6 hours
          80.00 - 84.99 30 148.8 hours
          Below 79.99 40 Exceeds 150 hours
      6. Excess latency and packet loss are considered an interruption to the service providing it occurs within network under the company's control.
        1. Packet loss is considered present when more than 1% of valid packets do not complete a round trip as expected
        2. Latency is considered present when the round trip time from 'global basket' of known good hosts is more than 10% above mean average as measured by the company.
    20. LAW AND ARBITRATION
      1. These Conditions and all Agreements are subject to the laws of England.
      2. These Conditions incorporate the provisions for arbitration if any are available under any Code of Practice issued by the Network Operator under the provision of its licence. Any dispute which may arise between the parties concerning this Agreement shall be determined either in accordance with such arbitration procedure, if any, or by the High Court of Justice in England and the parties hereby submit to the exclusive jurisdiction of that court for such purpose.