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Terms & Conditions
All orders in whatever terms are accepted subject to the following terms and conditions, which will apply even if we receive an order form with different terms and conditions, unless varied in writing by an authorised representative of DataGate Network Solutions Limited hereinafter referred to as DataGate.
1. All orders will be written by the customer. A legally binding contract is made only when we accept your written order by sending or otherwise transmitting to you a contract or confirmation of service. After we have sent or otherwise transmitted one of these documents you are not entitled to cancel your order.
2. The customer shall be deemed to have accepted the service on the date they are notified that it is operational.
3. The customer agrees with DataGate to pay all charges, VAT and any bank charges that may arise when they fall due.
4. DataGate warrants to the customer that it will provide all services ordered with reasonable care and skill but DataGate does not warrant or undertake that this will cause the services to operate without fault or interruption.
5. DataGate can never guarantee a product or service provided by a third party for and on behalf of a customer, however, will endeavour to act in the best interest of the customer.
6. DataGate shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by the customer.
7. The customer warrants and undertakes that it shall in its use of the services comply with any relevant legislative and regulatory provisions and shall not use the services for any illegal purpose and shall indemnify DataGate in respect of any liability incurred as a result at a breach of this clause.
8. Except in the case of emergencies DataGate shall give the customer no less than 2 Business days prior notice of any scheduled service or maintenance or alterations within their network which shall affect the customer. Wherever reasonably possible DataGate shall endeavour to perform these activities in such a way as to minimise any interruption in the provision of service.
9. DataGate cannot make any guarantees for services provided by third parties outside their network.
10. DataGate will provide on a monthly basis usage statistics for used bandwidth for every Dedicated and Virtual Private Server customer.
11. DataGate works under the auspices of RIPE allocation of lP address space and may only provide IP address to customers if they adhere to RIPE’s terms and conditions
12. For customers who are paying annually or quarterly, an additional invoice will be issued every month starting from the first billing date if there is any additional bandwidth usage.
13. In the event of customer hardware failure, the contracted Dedicated or Virtual Private Server is still chargeable but credit allowances will be issued if there is a case.
14. Should the customer wish to upgrade their server or bandwidth, a new agreement will be drawn.
15. Downgrading of Dedicated or Virtual Private Servers is only permitted at the end of the contracted period.
16. In the event of payment not being received by DataGate within 45 days from invoice date, all services will be terminated. Should payment not be received within 60 days, DataGate reserve the right to sell or rent the Dedicated or Virtual Private Server to another customer. Customers will remain liable for outstanding invoice amounts after termination.
17. Dedicated and Virtual Private Servers and other hardware remain the property of DataGate throughout the term of the agreement.
18. DataGate will undertake the installation and configuration of Dedicated and Virtual Private Servers. This is limited to the operating system and other applications if agreed in the Schedule of Services. Further system administration support for the Virtual Private Server service is subject to DataGate's standard hourly system administration charges.
19. In the event of customers requiring additional server(s), a new agreement will be drawn; this new agreement will cancel and fully replace any previous contract.
20. DataGate will not take responsibility for the integrity of data held on backup tapes nor server(s).
21. The customer shall indemnify DataGate and shall hold DataGate harmless against any and all losses, damages, costs and expenses arising from or in connection with any claims or proceedings brought by third parties against DataGate in respect of or arising directly or indirectly from loss of services.
22. Any notice required or authorised to be given may be delivered by post to the address stated for that party and shell be deemed to have been served 72 hours after posting.
23. In the case of any customer who is an individual about whom DataGate processes personal data (as defined by the Data Protection Act), DataGate may use such data to provide the customer with details of other DataGate products, which may be of interest to the customer.
24. In the event of a dispute between the parties concerning this agreement each of the parties shall in the first instance, bring the dispute at the earliest opportunity to the attention of a Director or similar officer.
25. All contracts are governed by and constructed in accordance with English Law and the parties irrevocably agree to the exclusive jurisdiction of the English courts.
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