Web Wiz


Web Wiz Colocation Service Terms and Conditions


The following Termsand Conditions are for Colocation Customers and are in addition to the Web Wiz Hosting Services Terms and Conditions


Where the context admits: "We", "Us", "Our", "Web Wiz", includes Web Wiz Limited or any party acting on Web Wiz Ltd. implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Colocation Services" means the provision of an allocation of physical space, and access to an allocation of power, provided within a Data Centre. "Data Centre" means a building in which the customers equipment is located. "Equipment" means any computer or computer related equipment or hardware supplied by you for use with the Colocation Services. "Network Connection" means the Ethernet cables provided as part of the Colocation Service to enable your Equipment to connect to the Internet. "Rack" means the physical chassis, frame or cabinet which will house your Equipment. "System" means any part of any hardware or software component owned and provided by Web Wiz in order to provide Colocation Services.

1. Your Obligations

1.1. The Equipment shall be at your risk at all times and you shall be responsible for insuring the Equipment against all risks. You shall also effect and maintain insurance for public liability, material damage and business interruption cover from the Commencement Date until such date as is necessary to ensure that insurance is provided for all of your liabilities arising under this Agreement and which would usually be covered under such policies irrespective of when any claim in relation to any such liability is made. Such insurance shall be maintained with a reputable insurer and will include a waiver of subrogation in favour of us and/or the data centre operator and you shall produce on demand for inspection by us and/or the data centre operator adequate proof of such insurance.

1.2. You shall provide all necessary access to Equipment, information, facilities and authorisations necessary to enable us to fulfil our obligations under the agreement where appropriate and shall provide such cooperation as we may reasonably require in connection with the Colocation Services.

1.3. You shall not be permitted to connect any of the Equipment to, or disconnect any of it from, the System in our Data Centre without, in each and every case, our prior written notice.

1.4. You agree that you and your employees, sub-contractors and agents shall not examine or interfere with the System or any other equipment in our Data Centre.

1.5. You agree not to do any act or thing which shall be a breach of any lease, licence or agreement, legislation (including but not limited to all relevant Health and Safety regulations), regulation or order or otherwise affecting the use of any of our Data Centre or provision of the Colocation Services and/or use of the Equipment and shall procure that all individuals at our Data Centre on your authority or at your invitation abide by all rules and regulations notified to you by us from time to time.

1.6. You warrant and represent to us as follows: -

1.6.1. That you will act with all due care and skill when inside our Data Centre, working on the Equipment or otherwise performing your obligations under this Agreement.

1.6.1. That any Equipment installed at our Data Centre shall at all times fully conform with the manufacturer’s specifications of the Equipment, the relevant standard or approval at that particular time and all other regulations that apply to it from time to time, including without limitation, those concerning safety and electromagnetic compatibility

1.6.1. That the provision of any Colocation Services in the proper discharge of our obligations under this Agreement will not infringe any patents, trademarks, design rights (whether registerable or otherwise), copyright, database right, know-how and other similar rights or obligations (whether registerable or not) of any third party in any country.

2. Your Access Rights

2.1. We shall permit you upon reasonable notice: -

2.1.1. To be granted access to the Data Centre 24 hours a day 7 days a week, for the purpose of inspecting the Equipment and facilities provided.

2.1.2. If access is required outside of our Office Hours an out of hours charge of £44.95 per hour will apply. Price is charged per hour, with a minimum of 1 hour.

2.1.3. You shall be allowed access to our Data Centre only under the supervision of a Web Wiz employee at all times, and strictly by appointment. Unsupervised access is provided at our discretion.

2.1.4. Customer maintenance within the Data Centre is limited to the replacement of hot swappable parts and the replacement of parts that are designed for in-situ access with the equipment powered down. Extensive work that requires equipment to be dismantled should be done away from the Data Centre and we are able to provide space to carry out such work within our facility.

2.1.5. While we try to ensure that authorised personnel behave responsibly on site, we cannot be held responsible for damage or service interruption caused by Appropriately Authorised personnel working in Shared equipment racks.

2.2. We reserve the right to refuse any person entry to any of our Colocation Suites if: -

2.2.1. The person cannot demonstrate that they are Appropriately Authorised.

2.2.2. Where we reasonably consider it inappropriate to allow the individual entry to our Data Centre for any reason (whether or not they are Appropriately Authorised)

2.2.3. Any individual wishing to acquire access refuses to be searched and for any items (including data storage devices) to be properly checked.

2.3. A person will only be "Appropriately Authorised" if we have had reasonable prior written notice from you stating that the person concerned is to be permitted access to the Equipment. You acknowledge that it is your duty to notify us of Appropriately Authorised personnel, in good time.

2.4. Any individual may be asked for additional identification on arrival at our Data Centre and Offices.

2.8. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Servers which is detrimental to our other customers.

3. Conditions of Use

3.1. Installation of new Equipment is subject to the following conditions: -

3.1.1. That the Equipment, if it is out of the manufacturer’s warranty period, has undergone an electrical safety test within the past 12 months

3.1.2. You acknowledge that the total power allocation that will be delivered to the Equipment will be confirmed and agreed on placement of order. The total power consumption of equipment under start-up conditions in a fully populated rack should not exceed the agreed value. The power consumed will be measured on a monthly basis, and we, acting reasonably, will review your rental fee on a monthly basis, based on actual power consumed. Should the total power usage in a month be in excess of your contracted power allocation, we reserve the right to increase your allocation by 0.5 amp step increments in line with our current price tariff for power charges. The incremental charge will be levied in the first service period following the month in which the increase has occurred.

3.1.3. Equipment supplied must be suitable for installation in a 19 inch wide rack. All equipment should be accompanied by an appropriate mounting kit; to be properly checked. If a rack mount kit is not available equipment can be mounted on rack shelves for an additional fee.

3.2. When collecting equipment from us, Appropriately Authorised personnel from your company will be asked for identification that will be photocopied for auditing purposes. Equipment will only be released to Appropriately Authorised from your organisation.

3.3. Instructions to install, remove and relocate Equipment can only be taken from Appropriately Authorised personnel in your organisation. This includes instructions to delegate responsibility to a third party such as a parcel courier.

3.4. We are not responsible for items that are lost/damaged in transit to and from our facilities.

3.5. New Equipment to be added to an existing solution must conform to power consumption limits and size constraints as set out in the original order.


4. Our Obligations

4.1. Without prejudice to our rights we agree that we shall use our reasonable endeavours to consult with you prior to any relocation in order to minimise any disruption caused to the operation of the Equipment.


5. Our Rights

5.1. You shall permit us (and ensure that we obtain) unrestricted access to the Equipment at all times to ascertain whether your obligations under this Agreement have been duly observed and performed.

5.2. Where we are in breach of this Agreement and such breach can be remedied by re-performance within a reasonable time, such re-performance shall be your sole remedy in respect of such breach.


6. LIMITATION OF LIABILITY

6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Web Wiz OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF INTERUPTION IN SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ‘WEBWIZ’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID FOR THE SERVICES (IF ANY) WHICH ARE THE SUBJECT OF ANY SUCH CLAIM, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ‘WEBWIZ’ TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. Web Wiz IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY ‘WEBWIZ’ OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

6.2. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.


7. Notices

7.1. Any notice to be given by either party to the other may be sent by either email, or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.


8. Severability

8.1. In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.


9. Applicable Law and Dispute

9.1. This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.


10. Headings

10.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.


11. Entire Agreement

11.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

11.2. Failure to enforce these Terms and Conditions and related Polices in every instance does not amount to a waiver of Web Wiz's rights.


* A 'working day' is Monday to Friday 8am to 4pm and excludes public (bank) holiday dates in England and Wales.

WEB WIZ Ltd. RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDTIONS AT ANY TIME.
Changes to the Terms and Conditions will be announced on the 'Web Wiz' website. Failure to receive notification of a change does not make those changes invalid. Current copies of the Terms and Conditions will be available on this page.

By accepting these Colocation Terms and Conditions and accompanying Terms and Conditions and Acceptable Use Policy and Anti-SPAM Policy you have agreed to be bound by the Terms and Conditions of the Agreement and by that any subsequent agreement or policy, and that there no circumstances where deviation from the agreed Terms and Conditions is permissible. Please beware that failure to carryout your obligations under the agreement could be seen as a breach of contract leading to termination of services provided by Web Wiz Ltd.



Become a Fan on Facebook Follow us on Twitter Find us on Google+ Community Forums Web Wiz Blogs Web Wiz News
About Web Wiz | Contact Web Wiz | Terms & Conditions | Cookies | Privacy Policy

Web Wiz is the trading name of Web Wiz Ltd. Company registration No. 05977755. Registered in England and Wales.
Registered office: Web Wiz Ltd, Unit 18, The Glenmore Centre, Fancy Road, Poole, Dorset, BH12 4FB, United Kingdom.

Prices exclude VAT unless otherwise stated. VAT No. GB988999105 - $, € prices shown as a guideline only.

Copyright ©2001-2018 Web Wiz Ltd. All rights reserved.