Terms & Conditions of Contract
WHEREAS, the signatory for the Customer expressly warrants that he/she has authority to enter into this Agreement on behalf of the Customer; NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
This agreement is made between Speedster-IT Ltd and or its subsidiaries (hereinafter referred to as the Company) and the company, entity or person who requests services or hardware and software (hereinafter referred to as the Customer).
These terms apply to all services, hardware and software supplied by the Company and in the case of Domain Name registrations the term, condition, policy or procedure of NOMINET UK shall prevail. These terms and conditions are to protect by the Company and the Customer from irresponsible or illegal activities. The Customer shall not permit or assist others to abuse or fraudulently use Company services and servers. In the case of an individual Customer, you warrant that you are over 18 years of age. If the Customer provides any information that is inaccurate, not current, false, misleading or incomplete the Company reserves the right to terminate this agreement, without refund, forthwith. These terms may be amended by the Company without notice and it is the Customers responsibility to review these terms regularly. The Company will keep an up to date copy of the terms on its website at all times. The signatory for the Customer expressly warrants that he/she has authority to enter into this Agreement on behalf of the Customer.
3. Hosting and Email
The Company is an information provider connected to the Internet. It offers data storage and transfer services over the Internet through access to its collection of computer and network systems, hereinafter collectively referred to as Web Servers. The company also provides dedicated hosting servers, owned by the Customer. The Company does not make any representation and gives no warranty as to the accuracy or quality of information contained on the web servers or dedicated servers. Customers agree only to use the Web Site(s)/Servers for lawful purposes, and undertake that: You will not upload, post , link or transmit i) Any material which is slanderous, trade libellous, threatening or harassing ii) Any material which is discriminatory iii) Any material which is unlawful, threatening, abusive, malicious, defamatory, blasphemous, pornographic or objectionable in any way. iv) Any virus, Trojan or other hostile computer program. v) Any bulk mailings whether opt-in or otherwise from our Servers. vi) Any files you store on the Servers will be reachable by a hyperlink from a page on your site. vii) Software downloads may only be hosted if you are the writer and copyright owner of the software. Freeware, Shareware and trial software is forbidden. viii) Audio, pictures and video downloads may only be hosted if you are the creator and copyright owner or have express permission from the creator and copyright owner of the work. ix) The Company reserve the right to remove any material which it deems inappropriate from its Servers without notice to the Customer. Any of the aforementioned material, files, mailings, downloads etc not deemed appropriate and removed by the Company may cause this contract to be terminated. x) The Company will use its best endeavours to ensure the integrity and security of its Servers but cannot guarantee that the Servers shall be free from unauthorised users or hackers and it shall be under no obligation for non-receipt of misrouting of email or for any other failure of email. xi) No more than one log-in session under any one account may be used at any time. WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; as a result, Speedster-IT Ltd expressly disclaims any and all representations, warranties or guaranties that any given reader shall be able to access Speedster-IT Ltd’s server or their own at any given time. Speedster-IT Ltd represents that it shall make every good faith effort to ensure that its Servers are available to as many viewers as possible and with as minimal interruption of service as possible; nevertheless, Speedster-IT Ltd cannot and does not warrant that the Servers are free of errors and inaccuracies, that use of the Servers will be satisfactory or uninterrupted or that the results obtained from such use will be adequate for the purposes intended by Customer.
4. Domain Name Registration
The Company will process domain name requests using an approved registration authority such as but not limited to Nominet or Network Solutions. You should not assume registration has been made until you have received official notification. Any action before such notification is at the Customers risk. Use of the domain name is subject to the terms and conditions of use of the Provider: the Company must ensure that it is aware of such conditions imposed. The Company will not be liable for any claim against it in respect of failure to register or refusal to register a domain name. No refunds can be given against the charge issued by the Company for registering domain names should they be refused. The Company shall not be liable in anyway for disputes between Customers and third parties for the use of any domain names. It reserves the right to make representations to the relevant Registry but will not be party in any such dispute. We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.
Customers will not use IRC and Web Proxy Scripts on our network, nor will they employ programs requiring excessive system resources, including but not restricted to processor cycles, storage space or memory.
All rights to material supplied by the Company, including but not limited to software, PHP/ASP etc remain the property of the Company unless otherwise agreed. Unless agreed beforehand no such material may be used without accreditation nor passed to third parties. Nor must it be modified, altered, adapted in any way without the prior permission of the Company.
If we have provided you with equipment that is not owned by you this is loaned to you for the duration of you taking our services. The equipment is supplied to you but remains the property of Speedster IT Ltd or its partners at all times. When you stop taking our services, you must return the equipment. If you do not return the equipment within 30 days, we will charge You a non-return charge.
8. Lost or Stolen Equipment
If any of the equipment is lost or stolen give us a call immediately on 020 3011 1234. Until you tell us, you are responsible for any activity on your account. Any replacement devices will incur a fee.
9. Returning Equipment
1.1. You must return any item of equipment that: (a)You report to us as faulty; or (b) We tell you is faulty or requires replacement for technical reasons. 1.2. We may replace such equipment before you return it to us, but you must still return the item(s). 1.3. We may test any equipment reported as faulty by you. If it is found to be working, we may choose to either return or replace it (if we have not already replaced the item) and charge you our costs for testing and postage of the equipment. 1.4. You must return any equipment to us within 30 days of the following cases (unless we have informed you otherwise): (a) if we or you end this agreement; (b) if you decide to disconnect from some of our services; (c) if you take up an offer to upgrade the equipment we provide to you; (d) if you report the equipment to be faulty; or (e) if we request you to return the equipment to us for any other reason. 1.5. You must return the equipment to us in a reasonable condition, allowing for fair wear and tear. You must provide us with proof of postage of the equipment. 1.6. If you fail to return the equipment after 30 days, as required by clause 1.4, you will have to pay a non-return charge. Details of these charges can be obtained from your account manager or the helpdesk. email@example.com If we hold any of Your money, we may use that money towards payment of the non-return charge. 1.7. Payment of the non-return charge does not transfer ownership of the equipment to you and you are still required to return the equipment to us. If you have failed to do so we may take legal action to recover it from you. 1.8. If you have any additional equipment that you do not need to return in accordance with clause 1.4, we encourage you to dispose of it responsibly if you are no longer using it so please contact us for further information about disposing of your additional Equipment.
10. Hardware and third party software
Any hardware or third party software supplied by Speedster-IT unless otherwise stated, will be supplied with the manufacturers specifications and warranty cover relevant at the time of supply and any claim for failure or breakdown must be made by the customer against the manufacturer or reseller. Title to the goods does not pass to the customer until paid for in full, failure to do so enables the Company to have a Retention of Title to the goods and the customer must return them on request.
Where software written or developed by the Company, unless otherwise stated, is provided on an “as is” basis the Company grants a limited non-transferable licence to the Customer under the Company’s copyrights, to download, install and use the software and to take a backup copy. You may not, and may not permit others to use the software for product development or commercialisation for internal or external use without prior permission of the Company. Nor may you distribute, deploy, provide copies of, rent, loan, lease, transfer or grant any rights in the software thereof in any form to any person. Unauthorised use, reproduction or distribution of the Software, or any other failure to comply with the Misuse or Copyright provisions of these Terms and Conditions will result in automatic termination of this licence.
12. Development code
Where code is written and developed by the Company, unless otherwise stated, it is provided on an “as is” basis and the Company grants a limited non-transferable licence to the Customer under the Company’s copyrights, to download, install and use the software and to take a backup copy. Such code once developed and approved by the Customer shall have a 30 day “bug” testing period in which corrections to the code will be made by the Company without charge. Development projects, where it is agreed the Customer shall be given ownership of the code will only be granted such ownership once the final invoice has been paid for in full.
13. System Resources & Bandwidth Restrictions:
Customer acknowledges that the Company provides dedicated or shared access services dependant on customer specification. We reserve the right to limit the system resources allocated to shared resources and bandwidth utilized by the Customer’s web space to ensure system integrity and network stability, which may include restricting customer’s access and use of their web space or programs within their web space.
The services provided by the Company to the Customer do not extend to any other person, corporation or entity. Passwords to the Servers are not to be shared with outside parties.
Speedster checks customer backups to the best of their ability, this excludes weekends and public holidays and therefore cannot be relied upon as the sole source that backups ran successfully. Migration of data from Speedster-IT – Customer Data will be handed back via an external disk (supply of disk required) or uploaded to a secure server. Speedster-IT currently does not offer the following methods for migrations:
- Access to Virtual machine snapshots
- Access to Exchange server snapshots or backups
- Access to virtual backups on Speedster-IT managed platform
If you are a Speedster-IT managed wireless customer hosting on our cloud controllers, then your data will be deleted on the date of the contract expiry and all access points connected to our controller will also be wiped clean.
16. Non-Solicitation – Poaching of staff.
The Customer agrees that during the term of this Agreement and for a period of 6 months after its termination, it shall not, without the prior written consent of the Supplier, solicit, or permit any subsidiary or associate (as those terms are defined in sections 1159 and 345 of the Companies Act 2006) to solicit, the employment or engagement of any employee or contractor of the Supplier who has been engaged in the performance of this Agreement or any Service Order Form, whether or not the acceptance of such offer would cause the employee or contractor to be in breach of his contract with the Supplier. Should this clause be breached, the Company will bill the Customer the sum equivalent to 4 months salary of the poached employee to compensate the Company for the reasonable cost of replacing the said employee in terms of recruitment costs and management time.
Hosting, hardware and software licences and domain name registrations are due on receipt of invoices and the payment terms therein. Renewal hosting and domains will be invoiced up to 60 days prior to renewal and payable within 30 days of the invoice date. Web site design is paid for in two parts. The first part of 40% of the quoted price must be prepaid with the balance due on receipt of invoice following completion. Invoices will have VAT added at the prevailing rate and will be sent electronically via email. A written copy may be available on request.
Any attempt to violate the security, stability or integrity of the Company’s servers or services is strictly prohibited and would lead to immediate termination of services.
19. Termination, Cancellations and Refunds
The Company reserves the right to suspend any or all of the services and/or terminate this Agreement if you: i) Fail to pay any sums due as they fall due ii) Break any of these Terms and Conditions iii) Are a company and go into liquidation, receivership or suffer any winding up petition iv) No refunds will be made for any suspensions made in accordance with this agreement v) The Company reserves the right to cancel the service at any time. In this event the Customer will be entitled to a pro-rate refund based upon the remaining period of prepaid services. vi) Upon cancellation for any reason the Customer will destroy or return all copies of software belonging to the Company. Any use of the software after cancellation will be unlawful. vii) During the first 14 days of services, the Customer is entitled to cancel all services and receive a pro-rata refund. Thereafter, no full or pro-rata refund will be made should you decide to cancel services. viii) Domain name registration fees, setup fees and additional or prepaid charges for Web design are not refundable. ix) Customers will not be entitled to a refund under the terms of 15(vii) if they have previously held an account with the Company. x) The normal contract period for services is usually 12 months, unless otherwise quoted or agreed, with 3 monthly automatic renewals thereafter until such time as a new contract period or pricing is agreed. Termination by the client must be made in writing 3 months before the termination date with the earliest notice being after the first 9 months of service. xi). All outstanding fees must be paid in full. Cancellation without cause of the services or contract require full payment of all outstanding invoiced charges as well as the pro rata uninvoiced element of the remaining contract period. Any charges not paid will result in the Company holding a lien against any hardware or software owned by the Customer held or used by the Company until payment is made. xii) Where it has been arranged for clients to be invoiced in advance of the due date, the client must request cancellation prior to the issuing of the invoice. Customers can cancel the Services at any time due to Company negligence. To do so the request must be in writing including details of the agreed reason for cancellation. The Service will be cancelled within 2 working days from receipt of the agreed request.
You agree that you shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. You agree to defend, indemnify and hold harmless the Company against liabilities arising out of but not limited to: i) Any injury to person or property caused by any products sold or otherwise distributed in connection with the Company ii) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party iii) Copyright infringement iv) Loss of profits, loss of contracts, cost of procurement of substitute products or any other direct, special, incidental, punitive, consequential or indirect damages, losses, costs or expenses of any kind arising from the supply or use of software or services, however caused and on any theory of liability (including without limitation negligence). This limitation will apply even if the Company or an authorized distributor has been advised of their possibility. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim. In any event no claim shall be brought unless you have notified us of the claim in writing within 30 days of it arising.
This agreement shall be governed by English law within the jurisdiction of the English courts.
This agreement supersedes any written, electronic, or oral communication you may have had with the Company or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement be determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. By continuing to use the services provided by the Company you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. Your statutory rights are not affected.
23. Microsoft Azure
Microsoft Azure pricing is subject to actual monthly usage and therefore billed in arrears, reporting can be provided.
Speedster-IT Service Level Agreement
1. Coverage; Definitions
This Hosting Availability Service Level Agreement (SLA) applies to you (“customer”) if you have ordered any of the following hosting account services from Speedster-IT Ltd. (the “Services”) and your account is current (i.e., not past due) with Speedster-IT Ltd. Shared Web Hosting Plans (Virtual Server) or Virtual Private Servers, Dedicated Servers and Managed Dedicated Servers. As used herein, the term “Server Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the customer’s server is available for access by third parties as measured by Speedster-IT Ltd.
2. Service Level
a. Goal: Speedster-IT Ltd’s goal is to achieve 100% Server Availability for all customers. b. Remedy: if the Server Availability of customer’s server is less than 99% in any month, Speedster-IT Ltd will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services: Server Availability Credit Percentage 100% to 99% 0% 98.9% to 95% 5% 94.9% to 89.9% 10% 89.8% to 84.9% 25% 84.8% and below 50%
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Server Availability caused by or associated with: a. circumstances beyond Speedster-IT Ltd. reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain supplies, or power used in or equipment needed for provision of this SLA; b. Attacks by viruses or hackers, including Distributed Denial of Service (DoS) attacks against Speedster-IT Ltd’s network; c. failure of access circuits to the Speedster-IT Ltd. network unless such failure is caused solely by Speedster-IT Ltd; d. scheduled maintenance and system upgrades, or emergency maintenance; e. DNS issues outside the direct control of Speedster-IT Ltd; f. issues with FTP, POP, IMAP, or SMTP customer access; g. false SLA breaches reported as a result of outages or errors of any Speedster-IT Ltd. measurement system; h. customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or use of the Services in breach of Speedster-IT Ltd. Terms and Conditions and Acceptable Use Policy; i. e-mail or web mail delivery and transmission; j. DNS (Domain Name Server) Propagation. k. outages elsewhere on the Internet that hinder access to your account. Speedster-IT Ltd. is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Speedster-IT Ltd. will guarantee only those areas considered under the control of Speedster-IT Ltd.: Speedster-IT Ltd. server links to the Internet, Speedster-IT Ltd. routers, and Speedster-IT Ltd. servers. l. Failure of hardware/equipment owned by the customer until remedied unless such failure was caused by Speedster-IT.
a. Speedster can arrange engineer attendance at their Level 3 datacentre. Such access must be arranged in advance and will not be unreasonably refused. Onsite visits have to be co-ordinated and accompanied by Speedster with a minimum attendance charge of £25 for the first hour or part thereof and £20 per hour for each subsequent hour. Access at weekends or Bank Holidays will be at double-rate. Remote access to the server will also be provided to reduce the likelihood of onsite visits.
5. Credit Request and Payment Procedures
In order to receive a credit, customer must make a request for credit by email or in writing to Speedster-IT Ltd. Each request in connection with this SLA must include the dates and times of the unavailability of customer’s server and must be received by Speedster-IT Ltd within seven business days after customer’s service was not available. If the unavailability is confirmed by Speedster-IT Ltd., credits will be applied within 30 days after Speedster-IT Ltd. receipt of customer’s credit request. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed 50% of the hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Speedster-IT Ltd. and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Server Availability of customer’s server. No consequential losses of service will be considered.
VoIP Service Charges
|Service / Feature||Setup||Monthly|
|Bespoke Misic on Hold||£75.00||£0.00|
|Number Import – Single Line Analogue||£10.00||£0.00|
|Number Import – Single Line SIP||£10.00||£0.00|
|Number Import – ISDN||£50.00||£0.00|
|Number Import – Multiline Analogue||£50.00||£0.00|
|Number Import – Multiline SIP||£50.00||£0.00|
|Number Import – Non Geo Number Port||£60.00||£0.00|
|Number Import – Non Geo Number Port 10 Contiguous||£80.00||£0.00|
|Number Import – Non Geo Number Port 100 Contiguous||£125.00||£0.00|