Hosting Policy

Hosting Policy

This page supplements and is part of our Website Terms and Conditions of Supply of Services and Products (whether you are a consumer of business customer). This page should also be read in conjunction with our Broadband Policy, Privacy Policy, Terms of Website Use and Acceptable Use Policy which together tell you information about us and the legal terms and conditions on which we sell any of the products or goods (Products) or services (Services) or Products and Services listed on our website (Website) to you as a customer.

1.

INFORMATION ABOUT US

1.1.

We operate the website www.uno.uk. We are uno Communications Ltd., of Electric Works, 3 Concourse Way, Sheffield, S1 2BJ, United Kingdom, registered in England and Wales with company number: 09262166 and having VAT number: GB 203 3305 68.

1.2.

To contact us, please see our Contact Us page (link).

2.

HOSTING SPECIFIC TERMS

2.1.

Definitions

In this Hosting Policy, unless the context otherwise requires:

2.1.1.

‘the Charges’ means the charges to be paid by you for the Hosting Services as specified in Price List (link);

2.1.2.

‘confidential information’ means all business, technical, financial or other information created or exchanged between the parties;

2.1.3.

‘the Contact Details’ means the contact details for the parties including postal address, fax number and email address, and the names of the parties’ respective representatives specified in the Order Confirmation;

2.1.4.

‘the Content’ means all text, graphics, logos, photographs, images, moving images (including video), sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Website;

2.1.5.

‘the Customer Software’ means the software used in the Website owned by you, or licensed to you by a third party or us, but shall not include the Supplier Software;

2.1.6.

‘the Order Confirmation’ is the email sent to you that confirms any Products have been dispatched and or that the Services have commenced or will commence on the date and other terms contained in that email.

2.1.7.

‘DNS’ means domain name server;

2.1.8.

‘down time’ has the meaning given to it in clause 6.2;

2.1.9.

‘the Initial Term’ means the initial term for the supply of the Hosting Services as specified in the Order Confirmation;

2.1.10.

‘intellectual property rights’ means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, know how, trade or business names and other similar rights or obligations, in each case whether registrable or not in any country;

2.1.11.

‘IP address’ means an Internet protocol address;

2.1.12.

‘ISP’ means Internet service provider;

2.1.13.

‘the Migration Services’ means the services described in clause 11.2;

2.1.14.

‘the Monthly Fee’ means the fee payable monthly by the Customer as specified in Order Confirmation;

2.1.15.

‘outage’ means router package loss in excess of 50% sustained for more than 60 seconds;

2.1.16.

‘the Hosting Services’ means the services provided to the Customer by the Supplier as specified in Order Confirmation;

2.1.17.

‘the Software’ means the Customer Software and the Supplier Software;

2.1.18.

‘the Supplier Software’ means the software and related documentation owned by or licensed to the Supplier including any upgrades or related documentation, as specified in the Order Confirmation;

2.1.19.

‘the Terms of Payment’ means the terms of payment of the Charges specified in the Business Terms or schedule;

2.1.20.

‘upgrades’ includes all updates, upgrades, enhancements, corrections, modifications, new releases, new versions and bug fixes in object code form only from time to time issued or made available by the Supplier;

2.1.21.

‘URL’ means uniform resource locator;

2.1.22.

‘virus’ means a computer program that copies itself or is copied to other storage media (including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs) and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as ‘worms’ or ‘Trojan horses’;

2.1.23.

‘visitor’ means a third party who has accessed the Website;

2.1.24.

‘the Visitor Information’ means the data collected by the Supplier about visitors and their behaviour when accessing the Website;

2.1.25.

‘the Website’ means the website identified in the Order Confirmation; and

3.

Duties

3.1.

Subject to the Terms, we shall use reasonable endeavors to provide the Hosting Services to you.

4.

IP addresses

4.1.

You acknowledge that you have no right, title or interest in the IP address allocated, and that any IP address allocated to you is allocated as part of the Hosting Services and is not portable or otherwise transferable by you in any manner whatsoever.

4.2.

If an IP address is renumbered or reallocated by us, we shall use reasonable endeavours to avoid any disruption to you.

4.3.

You agree that you will have no right, title or interest to the IP address upon termination of this agreement, and that the acquisition by you of a new IP address for the Website following termination of this agreement shall be your exclusive responsibility.

5.

Service levels: standards and interruptions

5.1.

‘Down time’ means any service interruption of five minutes or more in the availability to visitors of the Website pursuant to the Hosting Services.

5.2.

Outages, including emergency and previously scheduled windows for router, switch or server maintenance, are not to be included in down time calculations. We shall make commercially reasonable efforts to provide you with previous email notification of all scheduled and emergency outages.

5.3.

We shall notify you of any report of down time, and investigate it using suitably qualified personnel, as soon as reasonably practicable after becoming aware of it, and shall remedy the down time as soon as reasonably practicable.

6.

Website content and data

6.1.

You shall not distribute in the Content on the Website any material or other information that:

6.1.1.

infringes any intellectual property rights;

6.1.2.

is in breach of any law, statute, or regulation;

6.1.3.

is defamatory, libellous, unlawfully threatening or harassing;

6.1.4.

is obscene, pornographic or indecent;

6.1.5.

contains any viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information;

6.1.6.

is not solicited; or

6.1.7.

otherwise breaches any of our published policies.

6.2.

For the avoidance of doubt, we do not monitor, and will have no liability for the contents of, any communications transmitted by virtue of the Hosting Services.

6.3.

You grant us a non-exclusive, royalty-free licence, during the term of this agreement, to use, store and maintain the Content on a server for the purposes of providing the Hosting Services in accordance with this agreement. We may make such copies as may be necessary to perform our obligations under this agreement, including back up copies of the Content. Upon the termination or expiration of this agreement, we shall destroy or deliver to you all such copies of the Content and other materials provided by you as we see fit at our sole discretion.

6.4.

This Hosting Policy does not transfer or grant you any right, title, interest or intellectual property rights in the Content, except for the rights expressly granted in this agreement.

7.

Warranties

7.1.

You warrant to us that:

7.1.1.

your use of the Service in accordance with this agreement will not infringe the intellectual property rights of any third party in the United Kingdom;

7.2.

Save as expressly set out in this agreement all representations, warranties, terms and conditions, whether oral or written, express or implied by law, custom, statute or otherwise and including but not limited to satisfactory quality or fitness for any particular purpose are excluded. In particular and without prejudice to that generality, whilst we shall take reasonable care to avoid passing on any viruses or introducing them to you, we shall not be liable to you as a result of any virus introduced or passed on to you. You are advised to check the Website regularly for viruses.

8.

Liability

8.1.

Notwithstanding any other provision in the Terms, our liability to you for death or injury resulting from our own negligence or that of our employees, agents or sub-contractors shall not be limited.

8.2.

Our entire liability to you in respect of any breach of our contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with this agreement shall be limited the amount specified in our Website Terms and Conditions of Supply of Services and Products (link).

8.3.

We shall not be liable to you for any indirect or consequential loss you may suffer even if the loss is reasonably foreseeable or we have been advised of the possibility of you incurring it.

9.

Term and termination

9.1.

Details in respect of Duration and Termination can be found within our Website Terms and Conditions of Supply of Services and Products (link).

10.

Migration services

10.1.

On the expiration or termination of this agreement for any reason you may request us to provide the Migration Services to you, or to a third party service provider identified by us. We may charge for the Migration Services at our prices for such services current at that date.

10.2.

Where you request the Migration Services in accordance with clause 11.1, we will:

10.2.1.

update its DNS tables to reflect the new IP addresses corresponding to the Website URLs as soon as reasonably practicable following receipt of notice from the successor ISP that it has established a DNS for the Website URLs; and

10.2.2.

continue to provide a DNS for the Website URLs for a period of 7 days following the date of expiry or termination of this agreement.

11.

Assignment

11.1.

You will not assign, transfer, or sub-contract the benefit and/or burden of this agreement, make it the subject matter of a trust or in any other manner make it over to any third party without our prior written consent.

11.2.

We may assign, transfer, or sub-contract the benefit and/or burden of this agreement, make it the subject matter of a trust or in any other manner make it over to any third party.

12.

Force majeure

12.1.

An ‘event of force majeure’ means, in relation to either party, an event or circumstance beyond the reasonable control of that party (‘the Affected Party’) including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any ISP, war, military operations, act of terrorism or riot, delay or failure in manufacture, production or supply by third parties of equipment or services.

12.2.

The Affected Party shall not be deemed to be in breach of this agreement or otherwise liable to the other party (‘the Other Party’) for any delay in performance or any non-performance of any obligations under this agreement (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure.

12.3.

If the event of force majeure in question prevails for a continuous period in excess of 3 months after the date on which it began, the Other Party may give notice to the Affected Party terminating this agreement. The notice to terminate must specify the termination date, which must be not less than 30 clear days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, this agreement will terminate on the termination date set out in the notice.

13.

Conflict of terms

13.1.

Except as otherwise expressly provided in this agreement, in the event of any conflict between the terms of this Hosting Policy, our standard Terms, or terms and conditions of yours, the terms of Hosting Policy shall prevail.

14.

Entire agreement

14.1.

This agreement and our other policies and documents referred to embodies and sets forth the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements relating to the subject matter of this agreement. Neither party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in this Hosting Policy or Business Terms save for any representation made fraudulently.

14.2.

Unless otherwise expressly provided elsewhere in this agreement, this Hosting Policy may be varied only by a document signed by us.