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The agreement

Host Surf UK is a provider of Internet related services such as virtual private servers, dedicated servers, and the Client may from time to time require such services. This Agreement sets out the terms which have been agreed between Host Surf UK and the Client for the provision of such Internet services and shall be supplemented from time to time by Schedules setting out specific details of such services requested by the Client.
 

DEFINITIONS In this Agreement, unless the context requires otherwise, the following words shall have the following meanings:


"Client" is you, the customer who is using Host Surf UK services;
"Abuse Complaint" is a complaint, either by Host Surf UK or a third party, about the Client’s use of the Services;

"Bandwidth" is the data  transferred by the Client using the Services to other equipment on the  Internet. For the avoidance of doubt, this includes transfer of data between  the Services and other equipment hosted by Host Surf UK;

"Build Room" means the facilities provided by Host Surf UK, subject to availability, for the Client to perform physical maintenance on their equipment;

"Control Panel" is the online portal that the Client may access at https://my.hostsurfuk.com or another address advised to the Client by Host Surf UK from time to time;

"Engineer" is defined as a Host Surf UK member of staff with competence in repairing or replacing the Hardware;

"Hardware" means the servers, firewalls, equipment, cabling and systems provided by Host Surf UK in connection with the Services;

"IP" means Internet Protocol;

"IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trademarks, service marks, trade names and goodwill;

"Latency" is defined as the mean time for a packet to be transmitted between two points in the Host Surf UK Network;

"Network Availability" is defined as the percentage of time the Host Surf UK Network is contactable over a calendar month;

"Network Unavailable Time" is when a portion or the entirety of the Host Surf UK Network is unavailable, and this affects the provision of the Services to the Client. Network Unavailable Time excludes Scheduled Maintenance, and those situations defined in the ‘Exclusions’ section of the Network Service Level Agreement;

"Notified Maintenance" means essential maintenance to be carried out by Host Surf UK in relation to the Services, Hardware and/or Software, which has been notified to the Client;

"Packet Loss" is the number of packets, as a percentage, that do not reach their destination within the Host Surf UK Network;

"Power Availability" is defined as the percentage of time the power is available over a calendar month;

"Quality" refers to two metrics, Latency of the Host Surf UK Network and Packet Loss within the Host Surf UK Network;

"Host Surf UK Network" refers to Host Surf UK’s routers, switches, cabling and other network equipment located in the UK responsible for connecting servers hosted by Host Surf UK to the outside world;

"Response Time" is defined as the time from the Client making a Support Call to an Engineer commencing work on the Services;

"Schedule" means the schedules and/or Internet/telephone orders to this Agreement from time to time, describing the Internet related services requested by the Client including without limit details of the requested Bandwidth, Hardware and Software;

"Scheduled Maintenance" is defined as maintenance necessary for the continued provision of service, including but not limited to network upgrades and security updates;

"Services" means the Internet related services described in any Schedule made hereunder and which are supplied or to be supplied by Host Surf UK on and subject to the terms of this Agreement and any schedules made hereunder;

"SLA" means service level agreement;

"Software" means the computer software provided by Host Surf UK in connection with the Services;
 

GENERAL

Host Surf UK reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. Host Surf UK shall endeavour to give the Client reasonable notice of such modifications but this may not always be possible and Host Surf UK shall not be liable to the Client or to any third party for any such modification or any failure to give such notice.


Host Surf UK reserves the right at its sole discretion to suspend the Services (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following (each of the following shall be a "Suspension Events"): (i) Notified Maintenance; (ii) issue by any competent authority of an order which is binding on Host Surf UK and which affects the Services and which can only be dealt with properly by suspension of the Services; (iii) if the Client fails to pay any amounts due under this Agreement when they are due; (iv) if any events occur which would entitle Host Surf UK to terminate this Agreement; (v) the Bandwidth used by the Client in relation to the Services exceeds the agreed level and Host Surf UK determines in its sole discretion that such suspension is necessary to protect all and any Internet solutions provided by Host Surf UK from time to time.


It is The Client’s responsibility to keep the server files up to date. The Client is liable for any legal contracts or end user license agreements as a result of any third party software installed by The Client.
In the event of a server crash, once notified, Host Surf UK will endeavour to reboot the Client’s server as soon as possible but offer no timed guarantee. The Client may have access to an automatic reboot switch, in which case an instantaneous reboot may be possible. Host Surf UK make no guarantee as to the functionality of the reboot switch, but will make all reasonable endeavours that the reboot switch is functioning properly.
It is the Client’s responsibility to maintain and to enter a contact email address, postal address and telephone number for the Client on the Control Panel, and to ensure such contact details are current and up to date at all times.
Host Surf UK may provide the Services to the Client from verbal or email order received by it from any authorised person. A person shall be an authorised person for the purpose of this clause if his name is listed at the time of order on the Control Panel.
This Agreement together with the Schedule constitutes the whole and only agreement and understanding between the parties relating to its subject matter and supersedes and extinguishes any drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter of this Agreement whether existing prior to or at the same time as this Agreement. The Agreement will be on these conditions only, to the exclusion of any other terms and conditions (including any terms and conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document). The Client’s terms and conditions shall not apply to this Agreement.


SUPPORT AND MAINTENANCE

Maintenance and support shall not include services for problems arising out of (a) tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by persons other than Host Surf UK or its authorised representatives; or (b) software programmes or hardware supplied by the Client.
The Client shall document and promptly report all errors or malfunctions of the Services, Hardware or Software to Host Surf UK. The Client shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from Host Surf UK provided the procedures specified are reasonable. The Client shall maintain a current archive copy of all software and data, and shall properly train its personnel in the use of the Services, Hardware and Software. 
If you require KVMoIP, Host Surf UK will provide one free KVMoIP session per calendar month for each server. Any extra KVMoIP sessions are charged £25. 
Any problems caused by the Client to the Services, (which include, but are not limited to, deletion of necessary operating system files, accidental or intentional infection by a virus/Trojan) may result in extra charges to The Client at £30 per 30 minutes, or part thereof. For any work that will take more than two hours we will seek prior authorisation from the Client by telephone, email, fax, or post.


DURATION AND TERMINATION

This Agreement shall come into effect upon the date of this Agreement and, subject to the provisions of this Agreement shall continue in force from the date the Services are available to the Client and indefinitely after that until terminated by either party giving not less than 30 days prior written notice to expire on or after the expiry date of the initial term.
Without prejudice to any other rights to which Host Surf UK is entitled, Host Surf UK may give notice in writing to the Client terminating this Agreement with immediate effect if:
1) the Client commits any material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified of the breach;
2) an order is made or a resolution is passed for the winding up of the Client;
3) an order is made for the appointment of an administrator to manage the affairs, business and property of the Client or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the Client or notice of intention to appoint an administrator is given by the Client or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act (1986);
4) a receiver is appointed of any of the Client’s assets or undertaking or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the Client or if any other person takes possession of or sells the Client’s assets;
5) the Client makes any arrangement or composition with its creditors or makes an application to a court of competent jurisdiction for the protection of its creditors in any way;
6) there is a change of the ability to direct the affairs of the Client whether by virtue of the ownership of shares, contract or otherwise of the Client;
7) the Client purports to assign its rights or obligations under this Agreement.

For the avoidance of doubt and without limitation, a breach of any of any of the payment provisions contained in this Agreement, or a breach of the Acceptable Use Policy is a material breach for the purposes of this Agreement.
Refunds will be given only at the discretion of Host Surf UK.


ACCEPTABLE USE POLICY

Host Surf UK’ Acceptable Use Policy ("Policy") is intended to help protect the Host Surf UK service, Host Surf UK clients and the Internet community in general from irresponsible or, in some cases, illegal activities, and the Client agrees to be bound by the Policy.
1. The Client shall not, nor shall they permit, enable, or assist others (except as to end users) and they shall make commercially reasonable efforts not to allow their end users, to use the Services for any breach of any applicable law or generally accepted transmission or application protocols applicable to the Internet or any part of it or to anything connected to it or to any user of it. Such prohibited use includes but is not limited to the following: a. civil infringement of and/or criminal offences relating to copyright, trademarks or any other intellectual property right in any jurisdiction; or b. commission of any criminal offence (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 (UK) or any similar legislation in any country; or c. knowingly or recklessly transmitting, displaying or posting to a publicly accessible service any material which is unlawful or actionably defamatory or an invasion of privacy, breach of an intellectual property right or breach of a right of publicity in any jurisdiction with which any publicly accessible service reasonably appears to have any connection or from which it may reasonably be apprehended that a publicly accessible service is likely to be significantly accessed; or d. transmitting, transferring, displaying or posting to a publicly accessible service any material in breach of the Data Protection Act 1998 (UK) or similar legislation in any other country or of any material which is confidential or is a trade secret or which affects the national security of the United Kingdom or the said territory or which may expose Host Surf UK to any retribution or penalty under the laws and/or regulations and/or decrees of the United Kingdom or any other country relating to the export of or dealing with military or potentially military resources; or e. use of the Services or the Internet in any manner which is a violation or infringement of any rights of any kind or nature (whether like to any of the foregoing or otherwise) of any person, firm or company; or f. unauthorised access to the network management equipment of Host Surf UK or other Internet service providers; or g. forgery of Internet addresses or other fields in IP packets by the Client; or h. any sending of unsolicited email messages or any mass mailing of unsolicited advertising material by the Client; or i. any activity that potentially could harm the Host Surf UK Network, its clients’ networks or other networks, including but not limited to traffic flooding, malicious overflows, etc; or j. any activity that Host Surf UK decides at its absolute discretion is an unsuitable use of the Services.


ABUSE

The Client is responsible for: a. maintaining email addresses of the forms postmaster@client.domain and abuse@client.domain for receiving complaints of network abuse activities, as suggested by Internet Official Protocol Standard RFC 2142. Typically, these email addresses will forward emails to the real user accounts of the responsible persons for treating the network misuse complaints. b. The activities of its customer base or end-users and, by accepting service from Host Surf UK, is agreeing to ensure that its clients abide by this Policy. If irresponsible or illegal activity continues, even after Host Surf UK tries to communicate with the Client, then the Client may be subject to an appropriate action in order to stop those activities.
3. All complaints related to network misuse - including email abuse - are to be sent via this link Raise Abuse Complaint
4. IRC services or IRC-related services are permitted only with prior written permission from Host Surf UK management. This includes, but is not limited to: “IRCd servers,” “eggdrops,” “bots,” and “bouncers.” The purpose of this restriction is to prevent attacks on the Host Surf UK service due to malicious activity that has been known to occur on IRC networks like EFnet and Undernet.
5. The Client warrants that it will respond to any Abuse Complaints within 24 hours. Failure to do so will result in the server being suspended until the Abuse Complaint is responded too.


PAYMENT

The Client shall pay the price for the Services as agreed. An initial payment is required before any set-up work is carried out. Host Surf UK invoices for regular payments monthly in advance, unless otherwise agreed in writing. We will debit the Clients credit/debit card for payments up to 5 days before the due payment date.
The price for the Service covers Bandwidth. If the Client exceeds this limit then Host Surf UK reserves the right to make additional charges for usage above the limit at its then prevailing charge rate. Host Surf UK will endeavour to let the Client know if its bandwidth use exceeds the agreed level, however it is the Client's responsibility to monitor the bandwidth being used by it from time to time using the Control Panel.
Any third-party subscription licensing costs included in the Service are subject to change in the event that third parties increase the costs of their licenses supplied to Host Surf UK. Notification will be made prior to such changes with no less than 30 days’ notice to be provided to the change taking place.
All prices quoted to the Client for the provision of services by Host Surf UK are exclusive of any value added tax (VAT) for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan comprising a set up fee, this fee is payable immediately. Where a long term contract is purchased, the set up fee is included within the total payment.
The price and all other amounts due under the Schedule shall be paid by the Client by the due date as specified in Host Surf UK's invoice. Time for payment shall be of the essence. Payment shall only be deemed received by Host Surf UK upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any grounds. Host Surf UK reserves the right to suspend the Services in case of late payment. Late payment charges will be added to invoices 5 days after the due date for a fee of £10. Any exercise by Host Surf UK of its right to suspend the Services in the case of late payment shall be without prejudice to any other of its rights under this agreement. Notwithstanding suspension of the Services by Host Surf UK the Client shall continue to pay the price for the Services in accordance with the terms of this Agreement until this Agreement is terminated in accordance with the terms of this Agreement. Host Surf UK understands and will exercise its statutory right to interest and debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 if not paid according to agreed terms.
Host Surf UK reserves the right to exercise a lien over the Client’s equipment in respect of any unpaid fees and shall be entitled to sell the equipment after the expiry of thirty (30) days from the termination date in order to recoup any unpaid fees.
Host Surf UK reserves the right to send overdue accounts to a debt collection agency. All charges involved in the collection of overdue accounts will be payable by the Client.


SERVICE LEVEL AGREEMENT

This SLA applies to Services where the agreement for the Service specifically references this SLA. The objective of this SLA is to document the availability of the Service that Host Surf UK is to achieve. This does not constitute any additional liability to Host Surf UK, but instead a self-assumed obligation towards the Client. Under the conditions below Host Surf UK offers to pay the Client service credits if the availability defined below is not met.
Host Surf UK shall guarantee the Power and Network availability will be 100% in any calendar month, subject to exclusions as defined below. If Host Surf UK fails to meet this guarantee a credit shall be available to the Client as defined below.
The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:

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