CUSTOMER SERVICE AGREEMENT
ABStation is a provider of Internet related services such as website and email hosting, dedicated servers, Colocation, leased lines and domain name services, and the Client may from time to time require such services.
This agreement sets out the terms that have been agreed between ABStation and the Client for the provision of such Internet services. This contract also defines the responsibilities of ABStation Ltd and The Client.
(1) ABStation is a trading name of Thames Network Ltd registered in England and Wales (Company No. 08207668 ) whose registered office is at Unit 50
, New Lydenburg Commercial Estate
, New Lydenburg Street
, London, SE7 8NE. UK
(2) The customer.
In this agreement and unless the context requires otherwise, the following words shall have the following meanings:
"Agreed Service Level" means the levels of service performance to be provided by ABStation to the Client as set out in a Schedule;
"Agreement" means this Customer Service Agreement;
"Client ware" means any equipment, cabling or software provided by the Client in connection with the Services;
"Contract" means a contract for the provision of the Services which arises from the acceptance by
ABStation of a Schedule and which shall be on and subject to the terms of this Agreement
together with the Schedule;
"Hardware" means any equipment, cabling, systems and software provided by ABStation in
Connection with the Services;
"Notified Maintenance" means essential maintenance to be carried out by ABStation in relation
to the Services, Client ware, Hardware and/or Software, which has been notified to the Client at
Least 5 working days prior to its commencement;
"Schedule" means the attached order forms describing the Internet related services requested by the Client including without limit details of any requested Domain Names, Bandwidth, Hardware,
Storage Space and Software;
"Services" means the Internet related services described in any Schedule made hereunder and which are supplied or to be supplied by ABStation on and subject to the terms of this Agreement and any Schedules made hereunder;
"Service Disruption" means any disruption in the Services which causes a failure to meet the
Agreed Service Level as a result of any failure of the Hardware, Software or ABStation personnel who provide the Services and which does not result from any breach by the Client of the Contract, a force majeure event (see Condition 12 below) or any Suspension Event as referred to in
Condition 3.5 below;
"Software" means the computer software programs provided by ABStation in connection with the Services;
"Working Days" means any day which is not a Saturday, a Sunday or a bank or public holiday in
"Working Hours" means 9am - 5pm on each Working Day.
"User" means any individuals and businesses who access the Internet web site(s) hosted on the
Hardware / Client ware in connection with the Services.
“Shared Cabinet Space” means any full rack that contains equipment belonging to persons other than the Client.
3. THE SERVICE
3.1. ABStation will provision the service once a signed Schedule and Agreement have been received along with cleared payment.
3.2. ABStation reserves the right at any time and from time to time to amend, improve or correct the
Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect them. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. ABStation shall endeavor to give the Client reasonable notice of such modifications but this may not always be possible and ABStation shall not be liable to the client or to any third party for any such modification or any failure to give such notice.
3.3. Where Client ware is located at the property of ABStation or any associated group company, ABStation shall, with one Working Days’ notice given, allow the Client reasonable access to the client ware Twenty Four Hours a Day, Seven Days a Week.
3.4. ABStation shall use its best endeavors to provide the Services in accordance with the desired launch date. ABStation shall notify the Client when it has installed the Services and the Client shall
(As soon as reasonably practicable and in any event within 2 Working Days) review and assess the
Services against the Agreed Service Levels set out in the Schedule. If the Client reasonably considers that the Services do not meet the Agreed Service Levels then it shall immediately notify ABStation and provide details of the same. ABStation shall use its best endeavors to rectify any failure of the
Services to meet the Agreed Service Levels (except where such failure is due to the occurrence of any Suspension Event as defined below) as soon as reasonably practicable whereupon it shall notify the Client which shall reassess the Services as above. If the Client does not notify ABStation within 2 Working Days of installation or (where ABStation rectifies the Services) notification of completion of rectification of the Services then the Client shall be deemed to have accepted the
Services and the Services shall be deemed to meet the Agreed Service Levels as at the date of installation or rectification.
3.5. ABStation reserves the right at its sole discretion to suspend the Services (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following (each of the following shall be a "Suspension Event"): (i) Notified Maintenance; (ii) issue by any competent authority of an order which is binding on ABStation and which affects the Services; (iii) if theClient fails to pay any amounts due under the Contract when they are due and does not cure such failure within fifteen (15) days of receipt of notice. Such suspension shall last only until the cause of the suspension is resolved. In the event that the suspension continues for a period of 30 days ABStation shall be entitled to terminate this agreement by the giving of 14 days’ notice in writing.
3.6. If the “free reboots” service is included with certain ABStation services is provided subject to reasonable use, which shall be considered a maximum of 3 per day and if the problem is a recurring one with any particular item of client ware ABStation reserves the right to either charge for further reboots at the standard labor rate or, at its discretion, move the client to the remote reboot service at a one-off charge to the Client for set up plus a charge month per server.
4. OBLIGATIONS OF THE CLIENT
4.1. The Client agrees that it shall:
4.1.1. Immediately notify ABStation if it becomes aware of any unauthorized use of all or any of the Services, Software, client ware and/or Hardware;
4.1.2. Abide by the ABStation Acceptable Use Policy which may be updated from time to time without prior notification.
4.1.3. be responsible for keeping regular backups of all material and data hosted by ABStation on any web site operated by the Client from time to time using the client ware, Hardware and/or Software;
4.1.4. Ensure that all usernames and passwords are at all times kept confidential, used properly and not disclosed to unauthorized people and if the Client has any reason to believe that this information has become known to someone not authorized to use it or if this information is being or is likely to be used in an unauthorized way or of any other breach of security then the Client shall inform ABStation immediately.
4.1.5. be entirely liable for all activities conducted and charges incurred under its usernames and password whether authorized by it or not and the Client acknowledges that ABStation shall not be liable for any loss of confidentiality or for any damages arising from the
Clients to comply with these terms;
4.1.6. Not use any part of the ABStation premises except as is reasonably necessary to inspect and maintain the client ware and the Client shall ensure that such part is kept in good condition and is returned to its original condition upon any termination of any contract for the provision of Services;
4.1.7. Not, whilst present at any ABStation premises, do anything that may be dangerous, nuisance, inconvenience or disturb any ABStation personnel or other ABStation clients and the Client shall abide by all health and safety and other policies as ABStation may notify to the Client from time to time in relation to any such premises;
4.1.8. ensure that all its communication details which are provided to ABStation are at all times true, current, accurate and complete and the Client shall promptly notify ABStation of any such details and the Client acknowledges that ABStation shall not be liable for any costs, damages or loss which the Client may suffer or incur as a result of failure to notify such changes to ABStation.
4.2. The Client acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The
Client acknowledges that ABStation shall have no obligation to: a) manipulate any material which the Client wishes to and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or b) validate or vet such material for usability, legality, content or correctness.
5. PRICE & PAYMENT
5.1. The Client shall pay the agreed contracted price in accordance with the agreed payment terms in advance of service as set out in the Schedule.
5.2. The price covers permitted data transfer or bandwidth (agreed connection rate) as stated in the Schedule. If the Client exceeds this limit then ABStation reserves the right to make additional charges for usage above the limit at the rate set forth in the Schedule. ABStation will let the Client know if its bandwidth use exceeds the agreed level, however it is the Client's responsibility to monitor the bandwidth being used by consulting its log files.
5.3. All full/half/quarter rack cabinet contracts include an agreed amount of AC power. ABStation reserves the right to check the power consumption to determine if the client is using any excess.
5.4. All prices quoted to the Client for the provision of services by ABStation are exclusive of any value added tax for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan comprising a setup fee, this fee is payable immediately. Where an annual contract is purchased, the setup fee is included within the total payment.
5.5. The price and all other amounts due under the Schedule shall be paid by the Client by the due date and in the currency as specified in ABStation invoice. Payment shall only be deemed received by ABStation upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any grounds.
5.6. It is of the essence of the Contract that the Contract price and all other amounts due from the
Client is paid on time. ABStation shall be entitled to recover from the Client any and all expenses incurred by ABStation in recovering overdue amounts and/or interest on overdue amounts (before and after judgment) at annual rate of 2% above the base lending rate of Barclays Bank plc. calculated daily until payment is made in full.
5.7. ABStation has a general and particular lien over all client ware until all claims and money payable by the Client to ABStation on any account whatsoever has been received in full. If the Client fails to satisfy any lien within a reasonable time from the date of notice of exercise then the client ware may be sold in or towards satisfaction of every such lien and ABStation will account to the Client for any excess.
5.8. ABStation reserves the right to send overdue accounts to a collection agency.
5.9. We may make a search with a credit reference agency which may keep a record of that search and share that information with other businesses. We may also make enquiries about the principle
Directors/Proprietors with a credit reference agency.
5.10 We do not store credit card details nor do we share
customer details with any 3rd parties.
5.11 We accept 3D secure transaction system for the card
transaction through our website by Sage pay payment method.
6.1. Title to the Hardware and Software (both legal and equitable) is and shall at all times remain with
ABStation and the Client shall keep the Software and Hardware free of all charges, liens and encumbrances and protect it from any and all judicial process. ABStation shall protect the client ware from any and all judicial process in respect of any third party claim against ABStation.
ABStation shall not modify, enhance, disassemble, decompile, decrypt, extract, reverse engineer any client ware, nor cause or permit anyone else to do so.
7.1. The Client agrees to fully indemnify and keep ABStation, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following: (i) the Clients material breach of the Contract and/or this Agreement or its negligence; (ii) the operation or break down the client ware; (iii) the Clients use or misuse of the Services; (iv) the Client infringing (whether innocently or knowingly) third party rights (including without limit Intellectual Property Rights). To qualify for the indemnification Service Provider must: (i) promptly notify Client after ABStation learns of the suit or claim, and no delay by ABStation in providing that notice materially prejudices the rights of the Client; (ii) give Client authority to defend or settle the suit or claim; and (iii) give Client all information and cooperation reasonably requested by Client concerning the suit or claim.
8. SERVICE LEVEL AND DISRUPTIONS
8.1. ABStation shall use all best endeavors to ensure that the location where the client ware,
Hardware and Software is located has appropriate air conditioning, static humidity levels, a fire suppression system and appropriate levels of physical security and filtered electrical supplies.
8.2. ABStation shall provide the Services such that actual level of performance is equal to or higher than the associated Agreed Service Level (if any). Further ABStation shall carry out the Services with reasonable skill and care. All other conditions, warranties or other terms whether express or implied, statutory or otherwise are hereby expressly excluded to the fullest extent permitted by law and without limit to the foregoing. ABStation does not represent or warrant that: (i) the Services will meet the Client's requirements; (ii) the Services will be uninterrupted, timely, secure, or error free;
(iii) any results obtained from using the Services will be accurate, complete or current.
8.3. The Client shall promptly, following discovery of Service Disruption, notify ABStation if any Service
Disruption arises and ABStation shall then use its best endeavors to rectify such Service Disruption as soon as reasonably practicable.
8.4. Upon the occurrence of any Service Disruption ABStation shall, subject to the Client continuing to perform its obligations under the Contract and any other contract between the Client and ABStation credit the Clients account under and in accordance with the applicable Schedule.
8.5. In the unlikely event that the Client has reason to make a complaint about the quality of Services, such complaint should be made in writing promptly and in any event no later than 14 days after discovery of the incident and marked for the attention of The Customer Services Department, and should include your reasons for your complaint, making reference any to tickets opened, also enclosing copies of technical tests made and/or historical correspondence received so that our
Complaints Representatives can investigate the matter fully for you.
8.6. ABStation will acknowledge your claim or your complaint within 5 working days of receipt.
8.7. ABStation will respond to your claim or your complaint in full within 10 working days of receipt.
9. MAINTENANCE AND SUPPORT
9.1. Maintenance and support shall not include services for problems arising out of (a) tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by persons other than ABStation or its authorized representatives; or (b) programs or hardware supplied by the Client.
9.2. The Client shall document and promptly report all errors or malfunctions of the Hardware or Software to ABStation. The Client shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from ABStation. The Client shall maintain a current archive copy of all Software and data.
10. REGISTRATIONS OF DOMAIN NAMES
The following shall apply where the Services include or consist of domain name registration services:
10.1. The Client acknowledges that, whilst ABStation shall use its best endeavors to successfully register the requested domain name, ABStation shall not be obliged to accept any request to register or continue to process any registration of a domain name.
10.2. The obligations of ABStation in relation to domain name registration shall be limited to forwarding the application to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application within a reasonable period after communication from the authority. ABStation will use best endeavors to notify you of any renewal dates however ABStation accepts no liability for any use or retention of any domain name that is registered.
10.3. ABStation makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of successful registration of any domain name.
10.4. The Client shall at all times comply with the terms and conditions (from time to time subsisting) for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the Client may become subject as a result of Services provided by ABStation.
10.5. ABStation may from time to time change the registrar that a domain is held with. The Client agrees to allow ABStation to do so as it sees fit and without notice.
11. MANAGED SERVICES
11.1. This Section 11 applies only in the case where Managed Services are expressly being provided to the Client by ABStation.
11.2. ABStation provides various managed services including, as part of its portfolio of products, security services.
ABStation does not guarantee the full security of its servers and does not guarantee that it will be impossible to 'hack' into any servers.
11.3. Where security services are provided, ABStation guarantees that security patches will be applied within two working days of their release by the software vendor. ABStation will not be responsible for any attack on a server if, for any reason, it is unable to apply a security patch properly due to the Client's custom configuration, or if the Client tampers in any way with the security patch that is applied thereby undermining its ability to work correctly.
12.1. ABStation shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
12.2. ABStation is not responsible for any delay, malfunction, non-performance and/or other degradation of performance of any of the Services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond those already supplied.
12.3. Neither ABStation nor anyone else who has been involved in the creation, production or supply of the Services, Hardware or Software shall be liable to the Client in contract, tort (including negligence or breach of statutory duty) or otherwise in connection with this Agreement, the
Contract or the Services, Hardware or Software for any: (i) loss of profit, data, business contracts, revenues or anticipated savings, or (ii) loss resulting from any claim made by any third party, or (iii) special, indirect or consequential loss or damage of any nature whatsoever, Client shall not be liable to ABStation in contract, tort (including negligence or breach of statutory duty) or otherwise in connection with this Agreement or the Contract for any special, indirect or consequential loss or damage of any nature whatsoever.
13. TERM, DURATION OF SERVICES AND TERMINATION
13.1. This Agreement shall commence upon the date appearing at the top of the first page. Unless otherwise agreed in writing by ABStation (in the Schedule or otherwise), the minimum period of each Contract for the provision of the Services detailed in its corresponding Schedule is 12 months from date on which such Services are accepted or deemed accepted by the Client pursuant to Condition 3 above (the "Initial Term").
13.2. In the event of cancellation or termination by the Client part way through the minimum period, the Client remains obliged to pay for the Services for the entire minimum period, other than where termination occurs pursuant to Condition 13.10.
13.3. Thereafter, if the Client or ABStation wishes to cancel or terminate, at least one month's written notice must be given.
13.4. The Client must follow ABStation's prescribed template and procedures for submitting a written cancellation, which comply with the Consumer Protection (Distance Selling) Regulations 2000
(where applicable). Where ABStation has registered a domain on behalf of the Client, ABStation is unable to cancel the registration - as such, a minimum charge to cover the cost of the domain registration fee will be levied.
13.5. ABStation shall be entitled to immediately terminate this Agreement and any other contract between itself and the Client upon the termination of the Contract. Any termination of this
Agreement and/or a Contract shall be without prejudice to the continuing obligations of the Client under this Agreement and under a Contract not expressly terminated by ABStation which shall continue in full force and effect.
13.6. Upon termination or expiry of the Contract all amounts payable by the Client to ABStation shall become immediately due and ABStation shall be entitled to immediately cease the provision of the Services.
13.7. Upon termination of the contract whereby the Client transfers the provision of Services out to another Internet host provider, ABStation reserves the right to remove the Client's data from its Hardware after 5 Working Days.
13.8. Upon termination of the contract Service Provider shall return or permit Client to retrieve the client ware within 2 Working Days.
13.9. Where a disconnection of Services has occurred as a result of actions of the Client under section
13.10 below, a £100 reinstatement fee will apply to reactivate the Services, in addition to full payment of the balance due on the account. Reactivation of the Services will only be performed during Working Hours.
13.10. The Contract may be terminated:
13.10.1. by ABStation if the Client fails to pay any sums due under the Contract within 14 days of their due date and does not cure such default within 30 days of notice of termination;
13.10.2. by either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within 30 days of notice of termination;
13.10.3. by written notice from ABStation if the Client commits any material breach of any these conditions which may impact the Services or Servers of ABStation or the ability of ABStation to provide the services;
13.10.4. by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).
13.11. Upon termination of the contract the Client, subject to the conditions 3.3 and 5.7, shall be allowed access to the premises of ABStation for the purpose of removing the client ware and equipment.
This policy covers how we use your personal information. We
take your privacy seriously and will take all measures to protect
your personal information.
Any personal information received will only be used to fill
your order. We will not sell or redistribute your information to
15. Delivery Policy
Our aim to deliver services within same day
like our VPN, VPS, Domain name services. For dedicated server
order we delivery to the client within 24 to 48 hour time scale
depend on our server stock. Some professional server might take
more than 48 hour time because of our stock and supplier’s
delivery time which is not more then 7 working days from the date
of customer order.
16. Refund Policy
If you are not 100% satisfied
with your purchase, within 120 days from the purchase date, we
will fully refund the cost of your order.
17. FORCE MAJEURE
If ABStation is prevented or delayed in or from performing any of its obligations under the Conditions, the
Agreement or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the
Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency
ABStation shall not be liable for this.
This agreement is subject to English Law. Any claim under, pursuant to or arising out of this Agreement and the services provided or to be provided hereunder shall be subject to the exclusive jurisdiction of the English Courts, save that enforcement or any Order or Judgment of the English court may be carried out in any appropriate jurisdiction.