1. DEFINITIONS
    1. Definitions in the Supplier’s Core Terms shall be inherited and therefore apply to words and phrases in these Supplementary Terms;
    2. In these Supplementary Terms, these additional words and phrases have specific meanings:

      "Administration" means any work performed by the Supplier on the Server;

      "Administration Plan" means a pre-purchased support package for Server Administration;

      "Control Panel" means the online system through which the Resources are administered by the Customer;

      "IRC" means a multi-user chat room in which anything that is typed is broadcast to all users listening in the same IRC channel;

      "Operating System" means the master control program (eg, Windows, FreeBSD etc.) that manages the Server’s internal functions and provides a means of control to the Server’s operations and file system;

      "Root Access" means access to the Operating System or Control Panel with all rights or permissions in all modes;

      "Server" means the computer system built for the Customer;

      "Specification" means the type of computer system that shall be built, according to the details of the Application.

      "Supplementary Terms" means these specific Terms & Conditions;

      "Usenet" means a worldwide bulletin board system that can be accessed through the Internet. It contains more than thousands of forums, called newsgroups that cover numerous subjects.

  2. ORDER & SERVER BUILD
    1. Upon receipt of the Customer’s Application, the Supplier may seek manual confirmation of the order with the Customer.
    2. Pursuant to clause 2.1, the Supplier will commence building the Server according to the Specification. If the Customer wishes to change the Specification, the Supplier will advise the Customer of any additional costs involved. Only upon agreement of these additional costs will the Supplier change the original Specification.
    3. Any date provided by the Supplier for the completion of the Server build is an estimate only, and may vary.
    4. The Server will remain the property of the Supplier.
    5. The Customer is not permitted to physically access the Server, or the access the Data Centre in which the Server is stored, without express written permission from the Supplier.
    6. Once the Server build is complete, the Supplier will:
      1. Install Software onto the server, according to the Specification.
      2. Install the Server in the Data Centre, according to the Specification.
      3. Carry out test procedures to ensure that the Server is fully functional.
      4. Inform the Customer that the Server build has been completed, and send any access information required by the Client to make use of the Server.
  3. SERVER UPGRADES
    1. If the Customer requests an upgrade to the Server, additional costs may apply.
    2. The Customer will be advised of such costs and any service disruption likely to occur prior to performing the upgrade.
  4. SUPPORT, MAINTENANCE & SERVICE LEVEL AGREEMENT
    1. The Supplier offers a selection of different Server management categories. The Customer should select the Server category they require during the Application, but may change the Server category that it uses at any time.
    2. For Customers of the Fully Managed Server management category, the following will apply:
      1. The Customer shall not be entitled to Root Access to the Server.
      2. The Supplier shall keep the Server in a reasonable operating condition.
      3. The Supplier shall monitor the performance of the Server, and where possible will endeavour to resolve reductions in performance within a reasonable time frame.
      4. The Customer acknowledges that occasional reduction in the performance of the Server is normal and to be expected due to the unpredictability of usage. The Supplier is therefore not liable for any reduction in performance of the Server.
      5. Occasional required maintenance performed from time to time by the Supplier may affect the availability of the Server. The Supplier will endeavour to provide as much notice as is possible in all circumstances, subject to procedures required in the event of an emergency.
      6. Should the level of availability fall below the following pre-defined levels, the Supplier shall refund the Customer for any Charges paid for that Monthly period. The refund shall be calculated as follows:

        100% – No Credit

        99.5% – 10% Credit

        99% – 15% Credit

        98% – 25% Credit

        95% – 100% Credit

      7. The guarantee specified in clause 4.2.6 shall apply only when the following do not apply:
        1. Circumstances beyond the Supplier’s reasonable control, including, without limitation, acts of any government body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this agreement.
        2. Failure of access circuits to the Supplier’s network, unless such failure is caused by the Supplier.
        3. Scheduled maintenance, emergency maintenance and upgrades.
        4. DNS issues outside the direct control of the Supplier.
        5. Issues with FTP, POP, IMAP, SMTP or Control Panel access.
        6. Customer’s acts or omissions (or acts or omissions of others engaged or authorised by the Customer), including custom scripting or coding (e.g. CGI, Perl, HTML, PHP, and all or any related or equivalent languages/applications), any negligence, wilful misconduct, or use of the Services in breach of any of the Supplier’s Terms or Supplementary Terms.
        7. E-mail or web-mail delivery or transmission failure.
        8. DNS Propagation, or local DNS caching.
        9. Technical issues elsewhere on the Internet that hinder access to the Service.
      8. The Supplier will guarantee only those areas considered under its direct control, including Servers and network equipment.
      9. To receive a refund under these policies, the Customer should contact the Supplier in writing, by fax or by emailing accounts@kualo.com. Each request in connection with this Service Level Agreement must include the dates and times of Customer Resource unavailability, and must be received by the Supplier by the 10th day of the following said unavailability. In the event of the unavailability being confirmed by the Supplier, credits will be applied to the Customer’s account within two billing cycles.
    3. For Customers of the Basic Managed Server category, the following will apply:
      1. The Customer shall be entitled to Root Access to the Server. The Customer acknowledges that such access is granted with the understanding that Root Access permits an individual to make modifications to permissions, directories and files throughout the Server, and that irresponsible or negligent use of this access can result in Server malfunction and/or loss of data. The Customer agrees that the Supplier cannot be held liable for any malfunction that may arise as a result of the Customer misusing this access privilege, and that any work undertaken by the Supplier to repair damage caused will be chargeable at the Suppliers standard hourly rate for Server Administration.
      2. The Customer acknowledges that the Supplier will create a secondary administrator account on the Server for the purposes of Administration. Alterations to this account, including but not limited to changing the password or disabling this account, may affect the Supplier’s ability to support the Server effectively.
      3. Occasional required maintenance performed from time to time by the Supplier and/or any subcontractors may affect the availability of the Server. The Supplier will endeavour to provide as much notice as is possible in all circumstances, subject to procedures required in the event of an emergency.
      4. The Customer may request the Supplier to assist with Administration tasks as it requires. The Customer acknowledges that any work undertaken is chargeable at the Suppliers standard hourly rate for Server Administration.
      5. The Customer may purchase a monthly Administration Plan for the Server, which will include a quota of Administration time and may include other Administration related services.
        1. The Customer acknowledges that the Administration time quota included in an Administration Plan expires at the end of each calendar month, and cannot be rolled over to the next month, unless otherwise authorised in writing by the Supplier.
      6. The Customer acknowledges that any and all Server Administration is performed upon request by the Customer, unless otherwise specified in the Specification. Where proactive Server Administration is included in the Specification, the Customer acknowledges that the Supplier will attempt to resolve any Server affecting issues as soon as they arise. In resolving any Server affecting issues, the Supplier will use any remaining Server Administration hours included the Administration Plan. Should the Customer fully utilise its pre-purchased Server Administration hours, the Supplier will not continue to resolve the issue, unless pre-authorised by the Customer to charge for further Administration time without seeking approval.
      7. The Customer acknowledges that Administration time is billable in thirty (30) minute increments.
    4. Subject to the non-appliance of circumstances listed in clause 4.4.1, the Supplier guarantees to replace any faulty hardware within two (2) hours of detection of the fault. Failure to do so will entitle the Customer to a refund of its Charges for that Monthly period. The refund shall be calculated as follows:

      2 – 7 Hours: 10% Credit

      7 – 14 Hours: 15% Credit

      14 – 36 Hours: 25% Credit

      Over 36 Hours: 100% Credit

      1. Circumstances beyond the Supplier’s reasonable control, including, without limitation, acts of any government body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this agreement.
  5. ACCEPTABLE USE POLICY
    1. The Customer agrees to:
      1. Immediately notify the Supplier upon awareness of any unauthorised use of the Server.
      2. Not use the Server, or allow others to do so, for any unlawful activity or activity that in the opinion of the Supplier may bring harm to the Supplier or bring the Supplier into disrepute, including but not limited to the storage of:
        1. Material that infringes any rights (including Intellectual Property Rights) of any third party.
        2. Material the Supplier may judge to be threatening or obscene.
        3. Material that encourages criminal acts.
        4. Material containing any virus, worm or other harmful code.
        5. Pirated software or files.
        6. Links to, frames or any other means of displaying or connecting to any items listed in Clauses 5.1.2.1 to 5.1.2.5.
      3. Not install any IRC egg drops or related programs
      4. Not operate any anonymous proxy, VPN, or TOR exit node services, whether free or paid.
    2. The Customer accepts full responsibility and liability for all activities conducted using the Server.
    3. The Supplier is committed to a zero-tolerance anti-spamming policy. Under this policy, the Supplier prohibits the sending of spam or any unsolicited email, being sent either:
      1. Over the Supplier’s network.
      2. Over any network if the email advertises or mentions in any way a site hosted on the Supplier’s network.
    4. In addition to the sending of bulk email, the Supplier prohibits the Customer from cross-posting messages to a large number of Usenet newsgroups or website forums, and/or posting obscene or threatening messages whilst using or referring to an email address or website URL hosted on the Supplier’s network.
    5. The Supplier will be the sole arbitrator of what constitutes a violation of these policies, and the Customer acknowledges that its Service may be suspended or cancelled in the event of a violation or suspected violation of these policies.
    6. Accounts cancelled due to violation of any of these policies may be liable, at the Supplier’s sole discretion, to an administration fee not to exceed £500.00 Sterling.
  6. TERMINATION
    1. In the event that the Customer wishes to cancel any prepaid service before the expiration of the Service Schedule, the Customer agrees that it forfeits any pre-paid service and will not be entitled to a refund.
    2. The Customer must provide no less than thirty (30) days notice of their intention to cancel in writing, by fax or by email, from the date of their next renewal.
  7. MONEY BACK GUARANTEE
    1. The Customer is entitled to a cooling off period in which it may terminate these Terms or a Service, for any reason, without any penalty whatsoever.
    2. The cooling off period expires ten (10) days after the Start Date of each Application for a new Dedicated Web Hosting Service.
    3. The Customer shall, on request, be entitled to a full refund of any Charges, excluding any Setup Fees.