1. Parties and basis of contract
- 4D Hosting is a trading name of 4D Data Centres Ltd (”4D”) a company registered in England and Wales No 04592242; VAT Reg No: GB 805 7892 02 and whose Registered Office is at 30 City Road London EC1Y 2AB.
- The “Client” referred to in these terms and conditions shall be any person who places an order for the provision of one or more services using the order form provided via 4D Hosting’s website. To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Conditions will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.
- The terms and conditions, the Acceptable Use Policy and Service Level Agreement (collectively, “the contract documentation”) in force on the date the order is placed along with what is specified on the order form shall constitute the contract (“the Services Contract”) between the Client and 4D Hosting. The Services Contract shall take effect when an order placed by the Client is accepted by the credit or debit card registered by the Client being debited with the first payment for the services ordered. In placing an order, the Client confirms that the person responsible for placing the order has read the terms and conditions published on the 4D Hosting website at the date of the order and agrees to be bound by the contract documentation in force at the time when any event governed by them occurs. Clients are recommended to keep a copy of the contract documentation in force at the date of the order.
- The contract documentation may be amended by notice by email to the Client. The revised contract documentation shall take effect 21 days from the date of the notice. The revised contract documentation shall be available during the notice period on the 4D Hosting website via the link provided in the notice and will become the current contract documentation on the 4D Hosting website at the end of the notice period. The Client may reject any change that increases the Client’s liabilities of diminishes the Client’s rights by notice by email to 4D Hosting in which case the then current contractual documentation shall apply until the end of the pre-payment period in which the notice of amendment to the contract documentation was served at which point the Services Contract shall terminate.
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2. Services to be Provided
- The “Services” in these terms and conditions shall be the provision of the services for the minimum period (“the minimum contract period”) as specified on the order form. The Services include the set-up of any server or servers forming part of the Services with the specified operating system and network connectivity but does not include configuration of any server for a specific application or purpose. This is the responsibility of the Client. 4D Hosting will undertake work of this kind for an additional charge at the rates prevailing at the time. These are available on request by email to 4D Hosting.
- The minimum contract period for Services shall normally be one month except where the Services are sold at a promotional discounted rate in which case the minimum contract period shall be six months or otherwise stated on the order form. At the end of the minimum contract period, the Services Contract shall renew automatically on a rolling monthly basis until terminated in accordance with the terms of the contract documentation.
- Clause 2.ii above shall not apply to where the Services are for domain registration. For domain registration, the minimum contract term shall be the term for which pre-payment is made. The Client shall be given the option to renew domain registrations at the rates then prevailing by notice at least 30 days before the end of the minimum contract period.
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3. Payment Terms
- Payment shall be made with one of the credit or debit cards specified on the order form as acceptable to 4D Hosting. The initial payment for the Services and any additional charges shall be debited to the Client’s registered credit card on acceptance of the order. Subsequent payments for the Services and any additional charges will be collected in advance as specified by the Client in the order by debiting the credit or debit card registered with 4D Hosting for that purpose on the same day of the month of the acceptance of the order (“the collection day”) or the last day of the month in question when the collection day does not occur in the month in question. Where payment is made other than monthly, any additional charges will be collected on the collection day next following the date the charges were incurred.
- VAT invoices will be issued by email to the registered email address of the Client. Paper invoices will not be issued. The Client must register a valid credit or debit card when submitting an order and shall replace the registered details in advance of the card’s expiry date or immediately if the card becomes invalid. Failure to maintain a valid card registered with 4D Hosting may result in the Services being suspended immediately the next payment becomes due. If a request for payment is declined by the card issuer, an administration charge of £30 will become due. This charge is a reasonable estimate of 4D Hosting’s costs of dealing with such matters. The Client will be advised by email of non-payment and if a valid card is not registered within 5 days of that email notification, 4D Hosting may suspend or terminate the Services without further notice. Payment will be collected in the name of 4D. If any payment collected by 4D Hosting is the subject of a subsequent chargeback without due cause, a charge of £100 will be made in each case, this being a reasonable estimate of the costs of dealing with an unjustified chargeback. All payments shall be in £ sterling (GBP) and all charges quoted for Services are exclusive of VAT which shall be payable by the Client at the rate prevailing at the date a payment is due. All amounts due under the terms of the Services Contract up to the end of the minimum contract period and thereafter all amounts payable at the date of termination of the Services will be recovered by civil action if collection by card payment proves impracticable.
- 4D Hosting may change the charges for the Services at the end of a pre-payment period with at least 21 days’ notice by email to the Client’s registered email address. The revised charges will apply from the beginning of the next prepayment period unless the Client serves notice of cancellation in accordance with Clause 8 below.
- Discounts and promotional offers are only available for new orders and are limited to one per Client. Once a promotional discount period has ended, the charges applicable will be the standard rates in force at the end of the discount period. In the case of a promotional free use period applying to an order, the free use period shall immediately precede the end of the minimum contract term. Where early termination of a Services Contract occurs in accordance with the terms of a promotional offer, any refund of pre-paid charges will be pro rata for the minimum contract term lest the duration of the free use period.
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4. Acceptable Use Policy
- The provision of the Services is conditional on the Client observing 4D Hosting’s acceptable use policy (AUP) in force from time to time and accessible to Clients on the 4D Hosting website. The current version is appended to these terms and conditions. Failure to comply with the current AUP will result in the action being taken by 4D Hosting set out in the AUP in force at the time. It is the responsibility of the Client to ensure that any use to which the Services are put conforms to the AUP then in force and in the case of a customer of the Client making use of the Services, that customer shall be required by the Client to observe 4D Hosting’s AUP although primary responsibility for AUP observance shall remain with the Client.
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5. Service Level Agreement
- The provision of Services for the provision of VPS is subject to a Service Level Agreement, the terms of which are annexed to this document.
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6. Warranties and limitation of liability
- 4D Hosting will perform the Services with reasonable skill and care. If the Services are not provided in accordance with this warranty and the Client notifies 4D Hosting in writing of the non-compliance with this warranty within 3 months after performance, 4D Hosting will re-perform the Services so far as this is practicable. When servers that are part of the Services are initially made available to the Client, they will be free of viruses, bots and any other forms of malware (collectively “infection”). Notwithstanding this, it is the Client’s responsibility to check any server provided as part of the Services on first accessing the server to ensure that it is clear of infection and remains so thereafter. Security of the server from external threats is the responsibility of the Client.
- No representation or warranty is given that the Services will be uninterrupted or error free. The Client accepts that the Services provided are done so on an “as is” basis without warranty of any kind.
- All information supplied by 4D Hosting will be supplied in good faith but the accuracy and completeness of any information obtained from, or based on information obtained from any third party is not guaranteed by 4D Hosting. It is not within the scope of 4D Hosting’s obligations to enquire as to or to verify the accuracy or completeness of any such information.
- In the circumstances of any of the events specified in Condition 6(x) below, 4D Hosting will not be liable for breach of contract for its inability to supply the Services.
- 4D Hosting limits its liability for any loss or damage to tangible property of the Client to that which has been caused directly by the negligence of 4D Hosting or its employees acting in the course of their employment and 4D Hosting will not be liable for any loss or damage to any tangible property which exceeds £1,000 or the value of the property lost, or the cost of repairing the damage to the property, whichever is the less.
- Subject to condition 6(ix) below, but otherwise despite anything else contained herein, 4D Hosting will not be liable to the Client for loss of profits, loss of business, loss of expected savings, loss of opportunity, loss of contracts, loss or spoiling of data or any indirect or consequential loss, whether arising from negligence, breach of contract or in any other way and whether or not of a kind foreseeable by 4D Hosting.
- 4D Hosting will not be liable to the Client for: any loss arising out of any failure by the Client to keep at premises other than those where the Services are provided full and up-to-date security copies of the computer programs and data that the Client uses; the Client’s failure to comply with any technical requirements specified from time to time by the licensor of any software or the manufacturer of any equipment under the control of the Client; any error or incompleteness in the Client's Data; any fault in any media; any delay or failure on the part of the Client in providing any of the Client's Data to 4D Hosting; any delay or failure on the part of the Client to notify 4D Hosting of any error in any output or of any actual or suspected failure of, or error or defect in, any equipment, software, network or telecommunications system; any failure of the Client to comply with the terms and conditions of this Agreement; or any delay or failure on the part of any hardware or software supplier or any third party provider of maintenance to correct any fault or defect or to provide any other service.
- All terms, conditions, representations and warranties, express or implied, not set out herein are, to the fullest extent permitted by law, excluded from applying to the Contract including (without limitation) any implied warranties, terms and conditions as to performance, fitness for purpose, merchantability and satisfactory quality.
- The limitations and exclusions on 4D Hosting’s liability in these terms and conditions do not apply in respect of death or personal injury caused by the negligence of 4D Hosting or its employees acting in the course of their employment, or in respect of any fraudulent misrepresentation.
- 4D Hosting shall not be liable to the Client for any breach of the Services Contract for failing to perform any obligation where such breach or failure was a result of any Act of God, insurrection or civil disorder, war or military operations, severely adverse weather that stops normal business activity in the area where the Services are provided, flood, drought, lightning or fire, national or local emergency, acts or omissions of government, highway authority or other government authority, restrictions of access to the premises from which the Services are provided or movement arising from pandemic, compliance with any statutory obligation, industrial disputes of any kind, the acts or omissions of telecommunications operators or any cause beyond 4D Hosting’s reasonable control.
- The Client acknowledges that the exclusions and limitations on 4D Hosting’s liability in the contract documentation have been drawn to the Client’s attention before or at the time of placing an order for the Services and in placing that order, they accept these exclusions and limitations.
- Subject to Clause 6(ix) above or the terms of any Service Level Agreement forming part of the Services Contract, the liability of 4D Hosting whether in contract or in tort or in any other way in connection with the Services Contract, will be limited to damages which will not exceed, in aggregate, 100% of the fees paid by the Client to 4D Hosting in relation to the previous month under the Services Contract. Where a Service Level Agreement provides for specific compensation in predefined circumstances, the right to that compensation shall be the sole remedy available to the Client.
- Any specific liability for crediting charges assumed by 4D Hosting in a Service Level Agreement forming part of the Services Contract shall apply notwithstanding anything in this Clause 6 with the exception of Clause 6(x).
- In the event of a Denial of Service attack targeting the server or servers forming part of the Services provided to the Client or there is reasonable evidence of a server having been hacked by an unauthorised third party, 4D Hosting shall be entitled to disconnect the servers affected from its network without liability until appropriate mitigating measures can be implemented. Property in the servers and any other hardware used to provide the Services shall at all times vest in 4D Hosting and 4D Hosting retains the right of administrative access to its servers.
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7. Software Licences
- If the Client purchases one or more licences for software for use with 4D Hosting products in addition to those packaged as part of the product (“Licensed Software”), the following terms shall apply:
- The use of the Services for the following is expressly prohibited
- Once a licence is purchased, no refunds will be given in the event of cancellation of the licence before the end of the term of the licence.
- In the event of
- the use of the licence key for any purpose other than the activation and administration of the Licensed Software, including but not limited to its provision to any third party or its use other than in relation to a 4D Hosting product,or
- a breach by the Client of the AUP, or
- a breach by the Client of an end user licence agreement applicable to the Licensed Software
4D Hosting shall be entitled to cancel the licence for the Licensed Software by notice by email to the Client and the Client shall cease to use the Licensed Software upon receipt of the email. The notice by email shall be deemed to be received by the Client at the same time as it is sent by 4D Hosting.
- Where the Licensed Software is provided by Microsoft the following terms will apply in addition to those in the preceding sub-clause:
- The Client shall comply with Microsoft's terms and conditions relating to the Licensed Software as published from time to time on Microsoft’s website.
- In accordance with Microsoft's terms for software distribution, the Licensed Software must be installed and activated by 4D Hosting.
- Before 4D Hosting installs the Licensed Software, the Client shall make a full off-site backup of all Client data stored on the 4D Hosting product onto which the Licensed Software is to be installed.
- 4D Hosting shall install and activate the Licensed Software in accordance with Microsoft’s instructions. 4D Hosting shall not be liable for any adverse affects arising from the correct installation of the Licensed Software or for its functionality.
- The Licensed Software is non-transferable and is authorised for use only on 4D Hosting infrastructure.
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8. Consumers’ right to cancel
- Clients that purchase the Services as consumers have the right to cancel the Services Contract within 7 days from the date that the Client is sent acceptance of the order, that is the date on which the Services Contract is formed. If the Client does not wish to waive these rights, 4D Hosting will not be able to begin the Service until the end of the cooling off period. This is 7 days from and including the date of acceptance of the Client’s order. The Client can reserve their right to cancel by contacting email@example.com before placing an order and can subsequently exercise that right by contacting the same address. The Client will no longer have the right to cancel when 4D Hosting has begun the provision of Services with the Client's consent. For the purposes of this clause the Client's consent will be deemed to be given by the Client submitting the order to 4D Hosting without previously reserving the right to cancel.
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9. Termination of services
- Clients may terminate their Services Contract at the end of the minimum contract period and thereafter at the end of a pre-payment period with at least 21 days’ prior notice by email to firstname.lastname@example.org. 4D Hosting will confirm the cancellation and the date on which the Services will terminate by email to the Client’s registered email address. If the Client wishes to terminate their Services Contract as a result of a notice of increases in charges given in accordance with Clause 3.iii above, the notice period for termination shall be at least 14 days.
- 4D Hosting may terminate a Services Contract at the end of the minimum contract period or the end of a pre-payment period with at least 21 days’ prior notice. Notice shall be by email to the Client’s registered email address.
- In the event of termination, it is the Client’s responsibility before the termination date to back-up to a location under the Client’s continuing direction and control that is remote from 4D Hosting’s premises all programs and data belonging to the Client (together “Client Data”) hosted as part of the Services. On the termination date, Client Data will be deleted.
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10. Privacy and confidentially
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- The Client shall indemnify 4D Hosting against costs (including costs incurred prior legal proceedings commencing) and damages in respect of all third party claims, whether valid or otherwise, arising from the Client’s use of the Services. If 4D Hosting receives a cease and desist notice or similar notification in respect activities or content alleged to be as a result of the provision of the Services or in respect of activities and content alleged to be hosted on a server or servers forming part of the Services, 4D Hosting may suspend the provision of the Services until the issue in question is resolved and the Client shall indemnify 4D Hosting for its own and its advisers’ costs in dealing with the matter.
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12. Interpretation and construction
- The Services Contract supersedes all prior agreements, arrangements, representations and undertakings between 4D Hosting and the Client in respect of its subject matter and constitutes the entire agreement between the parties.
- The headings to the conditions in these terms and conditions are for ease of reference only and do not affect its interpretation or construction. “Days” shall mean calendar days.
- The Services Contract is governed by and is to be construed in accordance with English law, and the Supplier and the Client will submit to the exclusive jurisdiction of the English Courts.
- If any part of the contract documentation is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted with the relevant statutory or common law equitable provisions taking its place.
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Service Level Agreement applicable to VPS Services
- Subject to Clauses 2 and 3 below, 4D Hosting guarantees 99.95% access to VPS Services during any one calendar month.
- 4D Hosting will undertake planned outages as required. Clients will be notified of planned outages via the announcements page on the website and by email. During these periods of planned outage 4D Hosting does not guarantee service availability and the terms of Clause 4 below will not apply. 4D Hosting will give advance notice no less than 7 days before the commencement of planned downtime. Planned outages will only be invoked when there is no practical workaround available and each notice will specify timing and expected downtime.
- The terms of Clause 4 below will not apply in the circumstances specified in Clause 6(x) of the Terms and Conditions.
- If 4D Hosting fails to meet the service level specified in Clause 1 above, the Client may claim a service credit of one day for every hour that the Services are unavailable beyond the 99.95% threshold. Service credit will be applied against future charges for the Services as soon as practicable after it is claimed. The total credits in respect of any calendar month shall be limited to the total charges paid the Client in respect of the month in which the claim originates.
- In the event the Client experiences any downtime on access to the Services in excess of the 99.95% threshold and 4D Hosting determines in its reasonable judgement that such inability was caused by 4D Hosting’s failure to provide the Services for reasons within 4D Hosting’s reasonable control and not as a result of any action or inaction of Client or any third parties (including Client equipment and/or third party equipment or network services where applicable) [any other practical exclusions required?]), 4D Hosting will, upon the Client's request, credit the Client's account in accordance with the preceding Clause 4.
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Acceptable Use Policy
- Clients are responsible for complying with the AUP in force at any given time. If in 4D Hosting’s reasonable judgement, a Client fails to comply with the AUP in force at any given time, 4D Hosting may at its absolute discretion suspend or terminate the Services without any obligation to refund any prepayments made.
- In matters where an activity breaches the AUP but is not itself unlawful, 4D Hosting will give the Client 48 hours to remedy the breach, failing which the Services will be terminated. In all other cases, the Services may be terminated forthwith.
- All Client Data will be deleted on termination except where this material may be required for possible civil or criminal proceedings.
- The Services may not be used for any purpose unlawful under English law.
- If 4D Hosting becomes aware of or suspects that the Services are being used in a manner that may constitute or encourage a criminal offence under English law, the circumstances will be reported to the relevant authorities.
- In addition to the prohibition against use of the Services for any purpose unlawful under English law, the storing or transmission of any content that in 4D Hosting’s reasonable judgement is defamatory, pornographic, obscene, shows acts of extreme violence or child abuse, promotes or supports terrorist activity or is likely to incite religious or racial hatred are specifically excluded uses under this AUP irrespective of whether or not they are unlawful.
- If the use of the Services results in what in 4D Hosting’s reasonable judgement is persistent unfair use of 4D Hosting’s manpower or resources that continues after a formal request by email to the Client to desist from what 4D Hosting believes to be unfair use, 4D Hosting may terminate the Services Contract and repay pro rata any prepayment relating to any period beyond the termination date.
- Clients’ passwords must be kept in a secure way in order to prevent unauthorised use.
- The use of the Services for the following is expressly prohibited
- Bulk, unsolicited email or spamming, including but not limited to open or anonymous relay.
- Knowingly hosting a site for the purpose of fraudulent activity, including, but not limited to, phishing, storing or hosting software, including DNS services, for the purposes of fraud or deception.
- File sharing via peer to peer file networks except where expressly the subject of a separate formal agreement signed by the Client and 4D Hosting to the contrary, streaming, including but not limited to the real time delivery of media files, audio or video conferencing and any other activity that consistently uses high levels of bandwidth that in 4D Hosting’s reasonable judgement exceed fair use Infringing third party rights, including but not limited to, Intellectual Property Rights.
- The use of pirated software.
- Knowingly transmitting or storing viruses, Trojans, worms and any other form of malware.
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- If you have any complaints about the service you have received from 4D Hosting / 4D Reg please contact our support team on email@example.com or by calling 020 7183 3655 who will be able to deal with your complaint.
- Complaints will be answered within our standard support response times which is 1 working day from the date we receive the enquiry.
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- If you would like to inform us of any abuse of our services either with a domain registration or a web site (i.e. Phishing, Spam, etc) please contact our support team on firstname.lastname@example.org or by calling 020 7183 3655 who will be able to deal with your abuse complaint. Please include as much detail as possible.
- Abuse tickets will be answered within our standard support response times which is 1 working day from the date we receive the enquiry.
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Nominet Terms and Conditions
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UK Domains Key Terms
- Renewal and Expiry Policy
- All domains are renewed on an annual basis, we will send out invoices 60 days prior to your domain name expiring. We will send the invoice to the email address on the account, and it is the registrants responsibility to make sure their contact details are up to date. If you do not wish to renew a domain please make sure you contact us a minimum of 35 days before your domain expires by emailing email@example.com or by cancelling the renewal through the online control panel . Unless requests to the contrary are received, all domains are renewed automatically approximately 30 days before the domain name expires.
- If you request that you no longer wish to have your domain name renewed by us, it will be left to expire and all services I provide regarding that domain name will be suspended. Your domain name will then go into a 30 day protected period, after 30 days your domain will be suspended by Nominet and it will go into a 60 day grace period. If you change your mind and still wanted to retain your domain name, you still can and at the original renewal price. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar by Nominet. 4DREG will not guarantee the renewal of a domain name after this happens.
- Transfer Out
- If you no longer wish to carry on with your contract with 4DREG, please email us no less than 30 days before your services are due to be renewed. 4DREG will not charge you for transferring a domain(s) away to another registrar’s tag. The customer acknowledges that, termination of the agreement for any reason will result in 4DREG ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data .e.g. hosting account(s) and mail boxes.
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