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About- Terms and Conditions Unless otherwise stated within your contract, this is our standard terms of service as of January 1st 2007. §1- Terms & Conditions of Service
The term “Customer” refers to the person, organisation, or company making an agreement for provision of services or equipment directly with A1isp.co.uk.
§1-1 A judgment or ruling on one section or subsection of this document shall have no bearing on the validity, or enforceability of any other section or sub section. A1isp.co.uk is and English Company, and as such any legal issues relating to the A1isp.co.uk will be dealt with under English Law.
§1-2 A waiver by A1isp.co.uk of any breach of this agreement by the Customer shall not operate as or be construed as a continuing or subsequent waiver for the breach, or as a waiver of any other breach.
§1-3 Use of the Service. The use of the service is subject to the provisions laid out in the Terms and Conditions of Service (TCS - this document) and the “Acceptable Use Policy” (AUP). Breach of this will result in immediate termination of service without refund, with the Customer retaining all liabilities in relation to the breach. The AUP may be changed from time to time at the discretion of A1isp.co.uk without prior notification to the Customer. The Customer understands that changes to the AUP by A1isp.co.uk within the spirit of the agreement do not constitute, and shall not be used as, grounds for early termination of contact. In addition A1isp.co.uk shall endeavour do deliver a level of service that meets or exceeds that laid out in the service level agreement (SLA), in which the results of its failure to do so are also laid out.
§1-4 Acceptable Use Policy (AUP). The main objective of the AUP, which by agreeing to this document you will be bound to abide by, is to provide specific incites into what it might be deemed unacceptable to use the service for. This largely, but not exclusively defines un-acceptable use as use for anything illegal, immoral, or other activates that might bring A1isp.co.uk’s name or reputation into disrepute, be detrimental to other internet users, or cause other internet users harm, hassle, annoyance, inconvenience, or the like. Breach of the Acceptable use Policy (laid out below) constitutes breach of the terms and condition.
§1-5 Breach of Terms and Conditions of Service (TCS). In the event of a breach of these terms and conditions, the Customer agrees to accept all liabilities and costs incurred by A1isp.co.uk associated with the breach. Also the Customers service may at A1isp.co.uk’s sole discretion be ‘terminated without refund’. In this event it shall be treated as though the Customer had provided notice of cancellation of service effective immediately the breach is discovered. The Customer shall then receive no further service, and pay A1isp.co.uk any monies that would be owed as per cancellation (see §1-19 below).
§1-6 Indemnification: The Customer agrees that A1isp.co.uk will not be held liable for any damages arising from sources beyond A1isp.co.uk’s sole and direct control further more the Customer agrees that in any event A1isp.co.uk’s total liability shall in no event exceed the amount paid by the Customer since and during the time the damages occurred. In addition to this the Customer agrees to fully indemnify A1isp.co.uk for any liability resulting from a breach of the terms and conditions or the acceptable use policy, or any claim of any sort resulting from the service, because the service is functioning incorrectly, not functioning, or as a result of side effects from it operation. A1isp.co.uk takes no responsibility for any material not produced by A1isp.co.uk made available on A1isp.co.uk’s network. The Customer agree to take full responsibility and liability for content contained or transmitted on or through services used by them, and to indemnify A1isp.co.uk against any claims resulting from this content. This means that if A1isp.co.uk is sued because of a Customer's or a Customer of a Customer’s activity, the Customer will pay any damages awarded against A1isp.co.uk, plus all associated administrative, legal, and other associated costs in full by a date no more than one calendar month after the cost is incurred. The Customer agrees not to hold A1isp.co.uk liable for any damages, punitive or otherwise, incurred by the Customer or Customers business, as a result of services supplied, or not supplied. A1isp.co.uk does not make implied or written warranties for any of our services. A1isp.co.uk denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by A1isp.co.uk. Nothing in this agreement excludes or limits the liability of A1isp.co.uk’ for fraudulent misrepresentation, or for death or personal injury resulting from A1isp.co.uk’s gross negligence or the gross negligence of A1isp.co.uk’s agents or employees.
§1-7 Insurance. Prior to occupancy and during the term of use of any Co-Location Facility, the Customer will procure, and maintain Public Liability insurance of an amount not less than one million pounds sterling (£1,000,000) per occurrence for personal injury and property damage. The Customer must also procure and maintain All Risk Property insurance covering all of the Customer’s property in the Co-Location area. The Customer shall require any contractor entering the collocation area on the Customers behalf to maintain the same insurance standards. The Customer agrees to provide to A1isp.co.uk for its inspection certificates of such insurance.
§1-8 Contact Information. Customers must provide A1isp.co.uk with, and keep current contact information, this includes e-mail, fax, telephone, and contact address, and such other details as may be requested. E-mail is the preferred contact method for general communiqué. A1isp.co.uk, can not be held responsible for problems that may arise from a Customer failing to provide and maintain current and accurate contact information. A1isp.co.uk will be relieved of all its contract obligations if contact information for Customer is out of date or inaccurate due to the Customer's action, inaction or omission or if A1isp.co.uks failure is due to reasons of Force Majeure or other circumstances beyond A1isp.co.uk reasonable control.
§1-9 Rental Period. The minimum rental period is 3 (three) calendar months; setup and rental fees once paid are final and non-refundable. The rental period commences the day the Customer receives access to the service, which may be before payment has cleared. Payment and or receipt of services constitutes acceptance of TCS (this document), which as outlined above, we reserve the right to revise the AUP section of without prior notice if the alteration is within the spirit of the document.
§1-10 Establishment of Service. Establishment of this service is dependent upon receipt by A1isp.co.uk of payment of the stated charges, although we may at our sole discretion provide you with access prior to receiving you payment when this date shall be the date of establishment of services. The service contract is automatically renewed subject to the current “TCS” for a further period equal to the initial contracted period and at a price equal to the previous price, unless otherwise agreed in writing, unless notice of cancellation is received not less than three calendar months before the end of the contracted period (see §1-19 below).
§1-11 Invoice Rental. Invoices are for rental of or use of services, and are not for sale of physical objects, unless specifically stated. Services are provided at the agreed location, which unless otherwise agreed is assumed to be a A1isp.co.uk rack of A1isp.co.uk’s choosing. When physical goods are agreed to be sold by A1isp.co.uk, they remain property of A1isp.co.uk, until paid for in full.
§1-12 Payment. Payment is due whether demanded or not. Payments for subsequent rental periods are to be received as cleared funds by the due date on the invoice. Failure to do so will result in A1isp.co.uk at its discretion, to make the assumption that, the contract is to be cancelled at the end of the already paid for period, or if this has already been completed with immediate effect, in addition this shall be construed as a cancellation made less than three calendar months notice of cancellation (see §1-8 below). If A1isp.co.uk, does not assume the service to be cancelled, it will be deemed to be late payment (see §1-13 below).
§1-13 Late Payment. If payment is not made by the due date, A1isp.co.uk at its sole discretion may apply a 10% (ten percent) late fee charge or credit charge to the account, in addition servers and switch ports may be disconnected, deactivated and or unplugged (£100 fee will be charged per box and switch port that subsequently requires to be reactivated or reconnected). Downtime resulting from non payment or late payment shall not entitle the Customer to, or be counted for the purposes of, any form of credit or refund, as might otherwise be the case.
§1-14 Payment Action. When you make payment you may be asked to perform a specific action to enable A1isp.co.uk to credit your payment to you account, such as ensure that the remittance slip is included with a cheque, or e-mail details to A1isp.co.uk in a specific format. A1isp.co.uk will not be held liable for the consequences of the Customers failure to do so. This may include the server or server space you wished to renew being resold/ re-rented/terminated etc. with the associated lose of data, IPs etc. and possible unavailability of an equivalent service. Also that there my have been other actions associated with non-payment or late payment set in motion.
§1-15 Account Collection. Accounts that are not collectable by A1isp.co.uk may be turned over to an outside collection agency for collection, or payment may be sought through the legal system. In either event, you agree to pay A1isp.co.uk a "Processing and Collection" fee of £250 (two hundred and fifty pounds sterling) in addition to any associated administrative, legal or other costs incurred by A1isp.co.uk or its agents as a result.
§1-16 Customer Equipment Retention. The Customer agrees that A1isp.co.uk, may hold any equipment placed in the A1isp.co.uk controlled area, and deny the Customer access to the equipment, until payment of outstanding monies owed to A1isp.co.uk is made, even in the event of cancellation.
§1-17 Customer Equipment Sale. The Customer empowers A1isp.co.uk, to act as the Customers agent for sale of the Customers equipment held be A1isp.co.uk to cover invoices remaining unpaid one month or more after the due date, and additional costs incurred as a result of the sale. If the price obtained for the goods does not cover the value of the invoices, and associated costs, A1isp.co.uk reserves the right to take further action to recover monies owed. If the monies raised are in excess of that owed to A1isp.co.uk and A1isp.co.uk’s associated costs, the balance will be returned to the Customer within one calendar month of there receipt by A1isp.co.uk.
§1-18 End of Current Contract Period Cancellation. Accounts & Service cancellations can only be made in writing to the registered offices of A1isp.co.uk and must be received with not less than three calendar months until the end of the current contract period.
§1-19 Other Cancellation. The Customer may cancel there contract at anytime time In the event of cancellation Customer will still be liable to pay all monies that would be owed to A1isp.co.uk from the date of cancellation to the end of the period for which the services were to be provided. From the point the cancellation becomes effective the Customer shall receive no further service, and be bound to pay the remaining monies owed to A1isp.co.uk.
§1-20 Termination of Contract: A1isp.co.uk reserves the right to terminate any contract for any reason, without notice and provides a refund in proportion to the period which has already been paid for by the Customer, without further obligation.
§1-21 Setup & Maintenance: To reflect the general occasional nature of network changes A1isp.co.uk is obliged to provide no more than one network change per month to the Customer. When a Customer requires a networking configuration at the A1isp.co.uk end to be setup or changed, this can only be done at a mutually agreed time during office hours, with a minimum of two working days notice. Changes can be made out of hours as above but will be charged for the time it takes to prepare, carryout and test the network changes at £70+vat per hour or part there of. A1isp.co.uk reserves the right postpone or cancel any agreed network changes due to reasons beyond its reasonable control.
§1-22 Support and Access: Access to the equipment owned by the Customer and held in an access controlled area can be arranged with 48 hours notice. Permission to place equipment in the rack must be requested two working days in advance. Permission to remove equipment requires two working weeks notice, and will be granted only when all monies owed to A1isp.co.uk are paid in full. A1isp.co.uk, at its sole discretion may demand that a site visit be supervised by an onsite technician, a member of A1isp.co.uk staff or their agent, the cost of which the Customer agrees to pay. In the event of a dispute over whether all monies owed have been paid or not, A1isp.co.uk reserves the right to refuse permission to remove the equipment in order to seek legal council. Dedicated servers, shell accounts, and game servers are unmanaged by A1isp.co.uk, and as such A1isp.co.uk, is obliged to provide no technical support of any kind for server software configuration in relation to them. The exception to this is when an internet connection is also being provided by A1isp.co.uk, in which has we will configure or aid you in configuring the server for your internet connection. A1isp.co.uk, may at its discretion provide limited software advice to the best of its abilities to resolve a Customer’s problems, but will not be responsible for loss of data, internet connectivity, revenue, or the like as a result of actions carried out by anyone based on the advice given. A1isp.co.uk, will support +hardware problems on its equipment, to enable the Customer to utilize the service for which the Customer has paid, and if necessary provide a replacement machine or equal or greater specification, in accordance with “Fault Notification” Section in the SLA (below). The A1isp.co.uk racks are housed in a building operated by Redbus. Customers may request that we ask Redbus technicians to carry out a Customer’s instructions from on site, for example if a Customer accidentally disables internet access to the server they are renting. The Customer will be charged for this service in relation to the cost incurred by A1isp.co.uk for performing the actions requested, with additional charges as agreed and the Customer agrees to pay this immediately upon receipt of notification of such charges.
§1-23 Domain Name Service. New accounts which involve the setting up of or transfer of a domain from another provider to A1isp.co.uk, by A1isp.co.uk or its agents will require a minimum of seven days to be completed. In some cases, transfers may take up to sixty days. Due to the unpredictable nature of the process, no guarantees are made regarding the amount of time a specific transfer may take, although A1isp.co.uk will endeavour to have this completed as quickly as reasonably possible.
§1-24 IP Address Ownership. If A1isp.co.uk assigns the Customer an internet protocol address for the Customer's use, the right to use that Internet Protocol address shall belong only to A1isp.co.uk, and the Customer shall have no right to use that Internet Protocol address except as permitted by A1isp.co.uk in its sole discretion in connection with the Services, during the term of this agreement. A1isp.co.uk shall maintain and control and ownership of all internet protocol numbers and addresses that may be assigned to the Customer by A1isp.co.uk, and A1isp.co.uk reserves the right to change or remove any and all such Internet Protocol numbers and addresses, at its sole and absolute discretion.
§1-25 Bandwidth and Disk Usage. The Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. A1isp.co.uk will monitor Customer's bandwidth and disk usage. A1isp.co.uk shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges (overage charges), disconnection or discontinuance of any or all Services, or termination of this Agreement. Which action or actions may be taken is in A1isp.co.uk's sole and absolute discretion. If A1isp.co.uk takes any corrective action under this section, Customers shall not be entitled to a refund of any fees paid in advance prior to such action.
§1-26 Network. A1isp.co.uk’s resources are limited, and abuse of its resources by one user is can be detrimental to others this is not acceptable. Internet traffic directed to, passing through, or coming from a A1isp.co.uk Customer’s connection to A1isp.co.uk’s network, is the liability of the Customer. Any such traffic that A1isp.co.uk at its sole discretion considers objectionable under any grounds, such as but not limited to undue volume of traffic for the service the Customer uses, its content or composition, is grounds for immediate termination of the Customers service without refund. Abuse of network resources, that can be detrimental to either A1isp.co.uk, or other network users is grounds for immediate termination of service without refund. A1isp.co.uk does not wish to be subject to attacks, specifically but not limited to, DOS or DDOS attacks. In the interests of this, operating services that are prone to being subject to attacks, specifically but not limited to running IRC related services, and shell services, is not advised. In the event of such an attack, A1isp.co.uk reserves the right to take what ever action it considers necessary to bring the attack to an immediate halt, without the results of this action counting against the SLA (§2) below, and A1isp.co.uk may at its sole discretion terminate the service immediately with out refund, and or pass on any charges incurred by A1isp.co.uk as a result of such an attack to the Customer.
§1-27 Backups. A1isp.co.uk, does not keep backups of Customers data, it is the Customers responsibility to do so. A1isp.co.uk strongly advises Customers to keep regular and current backups to guard against potential loss of data
§1-28 Equipment. A1isp.co.uk, will provide the agreed equipment, or superior equipment for the agreed rental period. The Customer will be given electronic access to the agreed equipment with the hardware in a fully functional state, and a basic installation of the requested operating system. The operating system, and further software the Customer may wish to install, may require additional configuration by the Customer this entails technical expertise on the part of the Customer as A1isp.co.uk does not provide support for such actions. The equipment must remain in the A1isp.co.uk rack, or the agreed location.
§1-29 IP Transit Overages. If the client has agreed to a committed data rate (CDR), then any usage above and beyond this level will be charged at 10% above your CDR Price..
§1-30 Pricing. A1isp.co.uk will endeavour to maintain a competitive pricing structure, but prices may change with one month’s written notice due to market or supplier changes.
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