123 Reg CLOUD HYBRID Agreement
The 123 Reg Cloud Hybrid Agreement governs the terms and conditions in which You (“Customer”, “You” or “Your”) purchase a new Cloud Hybrid Server through Webfusion Ltd trading as 123 Reg Limited (“123 Reg”).
This Agreement is divided into the two following Parts:
Part 1: are General Cloud Hybrid Server Terms and Conditions
Part 2: are “Add ons” Terms and Conditions
Part 1 – General Cloud Hybrid Server Terms and Conditions
1. Scope of the Agreement
1.1 This Agreement governs the provision of Cloud Hybrid Server services to You by 123 Reg, in addition to certain maintenance relating to the same (the “Services”).
1.2 The Cloud Hybrid Services consist of a virtual server/machine running on a single computer, where other virtual servers may run also, available to You (a “Server”).
1.3 You acknowledge access to related software and certain functions of the system hardware is limited by the virtualisation platform of Cloud Hybrid Servers.
1.4 You represent and warrant that You have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the Server.
1.5 Access to the Server is limited to You and anyone authorised by You. You acknowledge and consent that 123 Reg may require limited access to your Server as and when necessary without further notice to you.
2. Service Delivery
2.1 Every reasonable effort is made by 123 Reg to maintain the uninterrupted operation of Your Services. Despite this, due to a number of circumstances that are beyond 123 Reg’s control, you acknowledge that given the nature of such services, 123 Reg cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
2.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by 123 Reg to the Customer on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement, including as to satisfactory quality and fitness for a particular purpose. In particular, 123 Reg gives no warranty or representation that:
2.2.1 the Services will meet the Customer’s requirements;
2.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis;
2.2.3 any results obtained from use of the Services will be accurate, complete or current; or
2.2.4 The Services provided will be compatible with any files or software You install or upload to the Server.
2.3 If You rebuild (i.e. restore the default settings) Your Services at any time during the term of the Services You acknowledge that the Server reboots immediately. As such, 123 Reg will not be liable for any loss of data or other consequences of such action.
2.4 Migration of Servers. You acknowledge and agree that, in the normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number(s). We do not warrant that you will be able to consistently maintain your given IP number(s).
3. Fees and Billing
3.1 The Services shall be charged in accordance with the fees set by 123 Reg as set out in the Order Confirmation. These may be varied from time to time and published on the 123 Reg website.
3.2 Customers will be required to pay a £49 set-up fee upon purchase of a Cloud Hybrid Server.
3.3 When the Services are renewed in accordance with the Agreement, the fees will be charged at the last invoice raised.
3.4 Upon purchase of a Cloud Hybrid Server, Customers may choose between a Windows or Linux operating system. Customers who change their operating system from their initial selection upon purchase will lose their data.
3.5 Customers who purchase a Cloud Hybrid Server with Windows Server 2008 operating system acknowledge that payment is made out to 123 Reg Ltd and not Microsoft and additional costs may apply.
3.6 Customers may change their billing periods from monthly to yearly only via their Control Panel.
3.7 In the event that Customers change their billing periods from monthly to yearly, Customers will be billed immediately. This may affect Customers’ billing periods and it is the responsibility of the Customer to ensure they are aware of any changes and funds are available on the next billing date.
4. Expiry and Cancellation
4.1 Customers acknowledge that where an expiry date is displayed in the Customer’s Control Panel, the Cloud Hybrid Server and its associated services will automatically suspend 7 days after expiry and shall be cancelled and deleted 14 days after expiry.
4.2 Customers may terminate their contract with 123 Reg Ltd by contacting Support via telephone on 0345 450 2310.
4.3 Customers acknowledge and understand that upon cancellation their data is automatically removed on the date of cancellation and it is their responsibility to ensure that a full back up has been made by them prior to cancelling.
4.4 In the event that Customers cancel their 123 Reg services mid-way through their contract with us, they will not be entitled to any refunds for the remaining amounts or any other related amounts.
4.5 In the event that Customers wish to continue with using 123 Reg but have set their contract to cancel by a specified date, Customers may reactivate their services with us prior to the specified date by contacting support on 0345 450 2310.
5.1 Customers may upgrade their services via their Control Panel.
5.2 You acknowledge and understand that upon upgrading your Server the server shall be rebooted and it is possible that all data prior to you upgrading shall be immediately deleted. In accordance with section 6 of this Agreement 123 Reg are not responsible for creating backups on behalf of Customers and Customers are responsible for ensuring backups are made in advance.
5.4 If Customers upgrade the specifications of their Services during the term of the Agreement, the price difference will be charged immediately at a pro-rata rate relative to the remainder of the current billing period and the unit price of each element of their upgrade.
5.5 Customers should allow up to 5 working days from initiating an upgrade for the specification of the Services to change. Customers cannot change an upgrade once it has been processed.
5.6 Customers will be notified with a scheduled time for the upgrade to take place. This time cannot be changed and is not negotiable.
5.7 All Upgrades will take 6 hours. During this time Customers will be locked out of their Control Panel. Upon successful completion of the Upgrade 123 Reg shall notify the Customer accordingly.
5.8 Due to the nature of upgrades 123 Reg cannot guarantee a smooth and intermittent free transition. However, 123 Reg will endeavour to minimise any reboot time or downtime. Customers acknowledge and understand that under these circumstances a loss of data is possible and should take the necessary steps in advance to ensure they hold copies of their data.
6. Back Ups
6.1 The “Back-ups” provided by 123 Reg includes maintenance however, Customers are solely responsible for ensuring that full backups have been made through their Control Panel. Daily back-ups must be activated by the Customer and can be used to restore them.
6.2 123 Reg will store backups of a maximum of the previous 10 calendar days.
6.3 Backups are not downloadable.
7. Appropriate Usage of the Services
7.2 In addition to the AUP and these terms, all Customers who are found to have used more than 50Mbps bandwidth as an average in a week may be subject to a reduction in their bandwidth allowance to 50Mbps.
8.1 The 24-hour, 7 seven days a week Support offered by 123 Reg relates to hardware and network support only.
8.2 123 Reg does not provide phone or e-mail support or other technical assistance for the administration of the Server or otherwise related to the Services.
8.3 You acknowledge that 123 Reg’s Support does not cover software or any other content uploaded or installed by You or third parties authorised to access Your Services including the operating system.
8.4 123 Reg provides telephone support between the hours of 9am and 7pm., Monday to Friday (excluding public holidays). Ticket support is also available between the hours of 9am and 5pm, Saturday to Sunday.
9. Your Additional Responsibilities
9.1 By hosting information on a Server, depending on the configuration of the Server, You acknowledge that such information may be accessible to all Internet users. 123 Reg does not limit or restrict access to this information, nor do We protect any of this information from copyright infringement or other wrongful activity taken by third parties. As such, You assume full responsibility and risk for Your use of the Server.
9.2 It is Your sole responsibility to assess and determine the accuracy, completeness and quality of the Services provided to You by 123 Reg.
9.3 The 123 Reg Cloud Hybrid Server is an unmanaged server and therefore, it is Your sole responsibility to ensure that Back Ups of Your data are taken.
10. Remedies & Limitations
10.1 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO 123 Reg IN THE TWELVE MONTHS IMMEDIATELY PRECEDING ANY ALLEGATION OF THE AFOREMENTIONED ACTIONS.
10.2 In no event shall 123 Reg be liable for any loss of profits, loss of business, or any indirect, special, exemplary, punitive, incidental or consequential damages as the result of any such action or inaction without regard to the likelihood of any such damages.
10.3 123 Reg is not responsible for any delay, lack of connection, slow connection, loss of data, loss of usability, or any other similar issues, due, but not limited to, any of the following:
10.3.1 the active or passive negligence of 123 Reg, You or any third party;
10.3.2 downtime due to scheduled maintenance;
10.3.3 an upgrade or other alteration to Your Services or the Server;
10.3.4 hardware failure, (including issues caused by other users on hardware);
10.3.5 Incompatibility; or
10.3.6 Your error.
10.4 123 Reg may limit or deny access to Your Services and its systems if, in 123 Reg’s judgment and sole discretion, such action is required to prevent damage to the network (including, but not limited to, software and stored data) or to ensure the integrity or security of the network.
Part 2 – Add-on Terms and Conditions
1.1 A 123 Reg Add-On is an optional addition to your 123 Reg Cloud Hybrid Server Plan. Following the successful request to receive 123 Reg Add-Ons, 123 Reg will endeavour to affect your Add-on to your Cloud Hybrid Server Plan within 24 hours of you receiving your order confirmation. However in the event that this is not possible due to unforeseen circumstances shall not be held responsible for any resulting loss.
1.2 123 Reg Add-ons can be purchased via the Customer’s Control Panel and the 123 Reg website.
1.3 Customers acknowledge and understand that should Add-ons be cancelled, 123 Reg cannot guarantee the continuing functionality of the Customer’s services associated with their server.
1.4 The following Add-ons are provided and governed by . The Customers accepts and acknowledges that all payments for the Add-ons are made directly to 123 Reg, not Parallels or any other third party association or otherwise.
1.4.1 Power packs for Plesk
1.4.2 Anti-virus for Plesk
1.5 IP Addresses
1.5.1 Customers are limited to purchasing a maximum of additional 10 IP addresses per Cloud Hybrid Server purchased from 123 Reg.
1.5.2 Customers acknowledge that 123 Reg shall only offer additional IP addresses for use as a secondary name server or for use with an SSL certificate.
1.6 ISO Images
1.6.1 Customers are entitled to 1 free ISO image upon purchase of a Cloud Hybrid Server. Any further ISO images required must be purchased by the Customer via their Control Panel.
1.6.2 Customers understand that each time a new ISO image is taken the Customer is required to actively delete an existing ISO image, unless additional images have been purchased.
1.6.3 Customers who choose to use their ISO image to install their own operating system shall deem to do so at their own risk. 123 Reg is not responsible for any issues which may arise as a result of this and cannot guarantee the functionality of the Server.
1.7.1 Customers are entitled to 1 free snapshot upon purchase of a Cloud Hybrid Server. Any further snapshots required must be purchased by the Customer via their Control Panel.
1.7.2 The 123 Reg “snapshot” Add-on is available to Customers at the prices stipulated on the website. It is the Customers’ responsibility to actively take a “snapshot” of their server and to check the success of the “snapshot”.
1.7.3 Customers understand that each time a new back-up or “snapshot” is taken the Customer is required to actively delete an existing snapshot, unless additional snapshots have been requested.
1.7.4 Snapshots are not downloadable.
1.8.2 The Customer may cancel the C-panel Add-on and retain the Cloud Hybrid Service. In the event that the Customer elects to cancel the Cloud Hybrid Service, they acknowledge and accept that the C-panel Add-on is automatically cancelled.
1.8.3 The Customers accepts and acknowledges that all payments for the C-Panel service are made directly to 123 Reg, not C-Panel or any other third party association or otherwise.