Reliable, rapid, affordable, hassle-free web hosting

Service Agreement - General Terms

• We do not allow Warez or illegal MP3 sites.
• Adult content must be UK-legal.
• Users must not participate in any form of un-solicited bulk e-mailing or spam.
• IRC services are not allowed.
• Although most of our products include a backup service they do not include as standard a backup guarantee. Data stored on our systems is NOT GUARANTEED to be backed up. It is recommend that you keep an independent copy of all data stored on your server
• You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that they are not discovered by other people.
• We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions.
• Should your account be closed, all files (including web pages etc.) will be deleted.
• We reserve the right to amend and update these Terms and Conditions and the Acceptable Use Policy at any time without notice.

Definitions

"Profitable Web Projects", PWP1 or "we" mean "Profitable Web Projects SLU"
"Customer" or "you" means the person or other legal entity that has requested or purchased any Services.
"Service" or "Services" means any services supplied or to be supplied by "PWP1", including but not limited to the provision of internet hosting services.
"Order" means the electronic Service order annexed herein by reference.

Service Agreement

This agreement is made between PWP1 and the Customer:

Overview

This agreement is intended to cover any and all Services provided by PWP1 and received by the Customer. This agreement contains the entire understanding between PWP1 and Customer with respect to the Services described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between PWP1 and the Customer. The Customer acknowledges and agrees that its entire right relating to PWP1 Services are as set forth in this agreement.

Services

1. Subject to the terms and conditions of this agreement, PWP1 agrees to provide the Internet hosting services specified in the Order. Subject to Customer's right to terminate this agreement in accordance to Section 4.2 of this agreement, PWP1 may expand or contract the scope of PWP1's services by issuing an amended order form to the Customer in advance of such change.

Initial Term

2. The initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall not commence until PWP1 accepts the Order from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term.

Renewal Term

3. Unless terminated by PWP1 or in accordance with Section 4.2 of this Agreement will automatically renew for successive terms of equal length to the Initial Term at the same rate and discounts as the initial term unless varied in accordance with Section 20 of this agreement.

Fees and Payment

The Customer agrees to pay PWP1, without limitation, for the Services it uses. PWP1 reserves the right to charge the Customer standard hourly rates, to cover the resolution of excessive or unusual problems or complaints.

4. 1. Invoices - Invoices are emailed to the current billing email address. Clients are fully responsible to ensure payment of all amounts due are paid on time independently of receiving invoice or billing notifications by email from PWP1. Overdue accounts may be disconnected at any time after the expiry date. All data will be deleted after 2 weeks unless alternative arrangements are made with PWP1.
   2. Cancellation Policy - In order to cancel a Service contract the Customer must notify PWP1 via email before the next renewal period begins. If a service is cancelled during a renewal period, no partial refunds or credits will be given. All payments to PWP1 are final and non-refundable.
   3. Overdue payments - Invoices are due as shown on the invoice. At our discretion we may refer overdue payments to our debt collections agency, and in that event an administration charge will be added to the outstanding amount. The value of the administration charge is discretionary, but would be a minimum of 25% of the overdue amount.
   4. Purchase Tax - Purchase Tax also known as Value Added Tax (VAT) or IVA is not included within the prices advertised. Provided your business is registered outside of the European Union or is registered for VAT within the European Union and you provide us with a valid European Union VAT registration number, VAT is not chargeable or is chargeable at 0%. If your business is within the European Union and not registered for VAT or is within SPAIN - VAT will be charged at the prevailing rate in Spain. Currently (27th January 2011) this is 18%.

Acceptable Use Policy

5. Customers shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Acceptable Use Policy (AUP) posted at http://www.pwp1.net/ts-and-cs/acceptable-use-policy-aup.html.

Guarantees

6. 1. Hardware - PWP1's data centre supplier is responsible for the replacement of any hardware components that fail. This includes chassis, PSU, disks, memory and motherboard of the server. The Customer will not be charged for any failure or replacement of hardware. In the case of a hardware fault which results in a server failure PWP1's supplier gurantees to replace the faulty hardware within 45 minutes of isolating the cause of failure. All of our Servers use RAID disk configuration so in the event of a single disk failure no disruption to service should occur and the replacement would be carried out at a mutually convenient time.
   2. Connection - PWP1's data centre supplier guarantees that all of our UK Servers are within a maximum of twenty milliseconds of 95% of UK residences. Triple redundant uplinks via physically diverse cables into the UK backbone are provided to ensure maximum connectivity uptime. Where the Server's connection is unmetered, we guarantee that the maximum divided by the contention will be available at all times (eg. 2Mbps in the case of a 10Mbps connection with 5:1 contention). In general, the intention is that an unmetered connection's maximum burst is available at least 80% of the time, and a large contention pool is in place to ensure that.
   3. Network - PWP1 endeavours to provide the most reliable network infrastructure possible to its Customers. Our data centre supplier guarantees us that our network will be available 100% of the time, excluding scheduled maintenance, circumstances beyond reasonable control including but not limited to dDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labour disturbance, acts of government and breaking of this Agreement or the Acceptable Use Policy.

   Temporary Service Suspension

   7. The Customer agrees that it may be necessary for PWP1 to Temporarily suspend Services for technical reasons or to maintain the PWP1 network, the equipment or any other facilities, the timing of which will be as determined by PWP1.

   Emergency Service Suspension

   8. PWP1 may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of PWP1 Services or network.

   Compromised or Hacked Server or Hacked Hosting Account

   9. A compromised or "hacked" server or hosting account is a serious threat to our network. PWP1, at its sole discretion, will take any and all measures to prevent a compromised server or hosting account from doing additional damage to its own systems and files or to the rest of the network. Determination that a server has been compromised: By the Customer - If you believe your system may have been hacked, immediately report the situation to PWP1 technical support. PWP1 will examine your system and may implement additional monitoring of your system. If a PWP1 System Administrator believes a server or hosting account on our network is compromised, PWP1 will: 1) disconnect the server from the network, 2) contact the client, and 3) provide evidence of the "hacking"

      Termination of Agreement

      10. If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then PWP1 may terminate this agreement at any time and without prior notice. Provided that Customers account is in good standing, the violation of the agreement does not constitute a violation of law and we are not prevented from doing so by legal injunction we will provide you with all data previously stored in your hosting account or on your server. Our standard hourly rate will apply for time required to so do.

      Limitation of Liability

      11. Customer acknowledges and agrees that neither PWP1 nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, PWP1 or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of PWP1, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to PWP1 for the current period of service under this agreement.

      Indemnity

      12. Customer will indemnify and save harmless PWP1 and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against PWP1 or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

      Customer Acknowledgement

      13. Customer acknowledges that it accepts all risk of any unauthorised or illegal use of the PWP1 network or any inter-connected network by third parties. PWP1 provides no warranties, makes no representations, and accepts no liability for the unauthorised or illegal access or interference with the Customer's server/network or hosting package unless such access or interference is caused by the intentional unlawful acts of PWP1, its agents or employees.

      IP Address Ownership and Usage

      14. PWP1 assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use PWP1 IP addresses not assigned to them, to move IPs between different servers or account or in ways not permitted by PWP1. PWP1 maintains ownership of all IP addresses that are assigned to Customers and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of RIPE & ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of RIPE & ARIN. These policies now dictate that name-based hosting MUST be used whenever possible. PWP1 reserves the right to periodically review IP address usage and revoke authorisation to use those IP addresses not being utilised or where name-based hosting could be used.

      Governing Law

      15. This Agreement is governed by the law of England, and the Customer agrees that any court action brought under this agreement shall be brought in the jurisdiction of England. If any provision of this agreement is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.

      Support

      16. 24 hour support (for applicable products) is provided via an on call facility. Normally this facility is available with immediate response but it may be necessary to leave a voicemail message which will receive a response as soon as is physically possible.

      Anti-Virus

      17. We will scan e-mail and attachments passing through our servers for viruses. We will not be liable for direct, special, indirect or consequential damages arising as a result of any virus being passed on.

      Broadcaster Package

      18. Users of the broadcaster package if sending sufficient mail that available bandwidth on their primary corporate internet pipe (ADSL, DSL etc) is reduced unacceptably or if they notice that their coporate mail is being blocked based on the originating sender IP address may need to consider purchasing a dedicated pipe for broadcasting purposes.

      Backups

      19. We normally retain 15 days of historic backups in a separate physical location from our production hosting servers. Where backup is offered as part of the specification of the hosting package this is the backup service provided. If you require restoration from backups or disaster recovery testing (recommended) this is charged at our prevailing hourly rates. For your own peace of mind you should retain an independent copy of all data stored on your server or in your hosting account. Guaranteed backups are not included as standard with any hosting package.

      Price changes

      20. We may change our prices from time to time for reasons such as inflation, exchange rate variations, market conditions, improvements to the service etc..
          We will advise you in writing in good time of any price changes and price changes will never apply until renewal is due.