Terms & Conditions

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, including (but not limited to):  strikes, terrorism, pandemics, act of God, civil riot, war.

9.   In Contract Adjustments

Datacentreplus reserves the right to make adjustments to in-contract prices due to third party increases.

(a) Power
Datacentreplus shall pass on to the Customer the cost of any increase in the cost of power supplied to us, within the initial term, with 30 days’ notice being provided by us.  Such costs increase will be capped to a maximum increase of 25% in any 12 month period.
(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.
(c) Annual Price Increase
Datacentreplus reserves the right to include an annual increase to recurring service costs. The increase will be a percentage comprising the annual percentage increase in the Consumer Price Index (CPI) rate figure published by the Office for National Statistics in September of the previous year plus 3%. If applicable the Annual Price Increase will take effect on bills dated on or after the 1st of January of each year. If the CPI figure is negative in the relevant month, the increase in service costs will be limited to 3%.

Any service costs increase as a result of Power, Software licenses or Annual Price Increases will not give you the right to terminate the contract without paying termination charges.

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 is prohibited from providing any Datacentreplus services, products, or resources to individuals, entities, or countries that are subject to international sanctions imposed by the UK government or any other applicable authority. Please refer to the latest list of countries subject to trade sanctions on GOV.UK website.
• 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.
• It is the client’s responsibility to ensure that all data is backed-up and we cannot be held responsible for loss (consequential or otherwise) arising out of data loss.
• It is the client’s responsibility to ensure that appropriate measures are implemented to prevent unauthorised access to your server and we cannot be held responsible for any loss (consequential or otherwise) arising out of such unauthorised access.
• It is the Client’s responsibility to have adequate insurance in place for any equipment hosted with us.
• If the Client is a colocation customer, to exercise reasonable due diligence and competence to ensure that equipment placement in cabinets do not pose a fire, electrical or accident risk.
• 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. Any server issues that arise as a result of disconnection due to non-payment of invoice(s) will only be responded to during office hours (Monday – Friday, 8am to 6pm and excludes public holidays) and our standard support SLA will not apply. Re-connection requests will only be processed after payment of outstanding invoices and an administration charge of £85 (+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.
• Unless otherwise agreed, the client must ensure payment is made monthly by the due date of any invoice. Where the client is in breach of contract due to late and or non-payment of invoices, Datacentreplus reserves the right to invoice for the remaining term of the contract in advance and prior to resumption of services.
• The Customer is responsible at all times for ensuring that server and/or other hardware specifications are adequate and suitable for their needs, including software compatibility, and any advice given by us should be seen as guidance only and should not be solely relied upon.

12.   Collection of Debt:

• We reserve the right to employ a third-party debt collection agency and/or institution and/or lawyers to collect any unpaid sum owed to us or to enforce any of our rights against the Client. The Client consents to our disclosure of all such information and personal data to such debt collection agency and/or institution and/or lawyers as necessary for this purpose.
• Without prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if for any reason any payment is not made when due we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money due under this contract (and the costs of recovering such costs) including our administrative costs and any costs incurred with lawyers or debt collection agencies.
• We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 6% over the Bank of England Base Rate.
• If proceedings are issued a minimum contribution of £310+VAT (in addition to the fixed costs of issue) will be claimed towards any costs incurred with lawyers.

13.   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.

14.   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 cancellations@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.

15.   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.
• Datacentreplus will use reasonable endeavours to supply the services to you as agreed and time shall not be of the essence. If there are any delays, we will keep you informed and provide timely updates.
• In the event of loss of or damage to your data relating to a failure in our systems or servers, we will make reasonable commercial efforts to assist you with restoring your data. Where backup is not managed by Datacentreplus, you accept full responsibility for maintaining adequate backup copies of your data.
• In the event of loss of or damage to your data arising from a security breach, ransomware attack or if the server is compromised in any other way, we will make reasonable commercial efforts to assist you in mitigation and/or restoration of data. You acknowledge that in some severe cases of server security breach, our assistance will be limited to a rebuild of the server and/or data restoration and this may be on a chargeable basis.
• 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, earthquakes, hurricanes, plagues or epidemics.

16.   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.