Terms of Service – Dedicated Servers
By registering and utilising our services you agree to the following terms and conditions outlined in this document which is effective as of the date you purchase services from Rejuvenate. This Agreement sets forth the terms and conditions of your use of Rejuvenate’s Dedicated Server services (collectively, the “Services”) and represents the entire agreement between you and Rejuvenate relating to the Services.
By purchasing the Services, you acknowledge and agree that you have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Rejuvenate may establish and post on its website from time to time.
1 – The Service
1.1 Rejuvenate reserve the right to decline services and goods to the customer.
1.2 Rejuvenate reserves the right to perform notified maintenance on all services provided to The Client and wherever possible will provide advanced notice of such maintenance.
1.3 The customer must ensure they provide Rejuvenate with a valid name, address, telephone and email contact address. The customer must inform Rejuvenate of any change in their contact details within three days of any changes.
1.4 The Customer must ensure his usage of the service provided by Rejuvenate is within the guidelines set out in the Rejuvenate Acceptable Usage Policy or AUP.
1.5 Unless otherwise stated the service Rejuvenate provides is unmanaged, although the Company will attempt to provide support for any 3rd party software and programs, no guarantee is made on the level of support Rejuvenate provides for any 3rd party software.
1.6 Any problems caused by The Customer to service, (which include, but are not limited to, deletion of necessary operating system files, accidental or intentional infection by a virus/Trojan) may result in extra charges to The Client.
1.7 Rejuvenate shall have the right upon prior written notice to relocate the Customer Equipment. In the event of an emergency, Rejuvenate may relocate the Customer Equipment within such time as may be reasonable and without prior written notice as the circumstances reasonably warrant.
1.8 All data created or stored by The Customer within our applications and servers are The Customers property. Rejuvenate make no claim of ownership of any web server content, email content, or any other type of data contained within your server space or within applications on servers owned by Rejuvenate.
1.9 In the event of loss of or damage to your data relating to a failure in our systems or servers, we will make reasonable commercial efforts to assist You with restoring your data. Notwithstanding this, however, You accept full responsibility for maintaining adequate backup copies of all your data.
1.10 You shall indemnify Rejuvenate and hold Rejuvenate harmless against all damages, losses and expenses arising out of a third-party claim of intellectual property infringement in respect of your content or data.
2 – Payment and Termination
2.1 The Customer shall pay the charges for the services set out when signing up for the services on the order form.
2.2 The customer is entering a thirty-day monthly rolling contract unless specified in an additional service agreement between Rejuvenate and the customer.
2.3 The customer shall provide no less than three days’ cancellation notice before their billing anniversary date. The customer will provide this notification via email to firstname.lastname@example.org or by recorded post to Rejuvenate registered office address. Rejuvenate, 9 Castle Parade, Bournemouth, Dorset, BH76SH
2.4 Rejuvenate shall be entitled 30 days before and at any time after the expiry of the service term to increase service charges for a service upon thirty (30) days written notice to the customer.
2.5 Rejuvenate shall invoice the customer fourteen days before their service renewal date unless specified in an alternative agreement.
2.6 Rejuvenate requires all invoices to be paid within fourteen days of creation unless another agreement is in place between Rejuvenate and the customer.
2.7 Rejuvenate reserves the right to suspend and/or disconnect any services for a customer with invoices that have not been paid by their due date.
2.8 Rejuvenate reserves the right to prohibit the customer access to their equipment or data if the customer has overdue invoices.
2.9 Interest shall accrue on overdue invoices from the due date until payment (whether before or after judgment) at the rate of 1.5% per month. Interest shall accrue not withstanding termination of this agreement or any service for whatever reason.
2.10 All sums due to Rejuvenate are exclusive of value added tax and any other applicable sales tax or duty which shall be invoiced and payable at the then prevailing rate.
2.11 The customer hereby acknowledges and agrees that its obligations to pay all amounts and charges due hereunder, and the rights of Rejuvenate to such payments shall be absolute, unconditional and irrevocable and shall not be affected by any circumstances of any character, including, without limitation, any set-off, abatement, counterclaim, suspension, recoupment, reductions, rescission, defence or other right or claim that customer may have against Rejuvenate.
2.12 Upon cancellation of service Rejuvenate will not be able to provide the customer with any refund for services which have been provisioned to the customer.
2.13 The customer shall submit any billing disputes to Rejuvenate no later than three days of an invoice due date.
2.14 Customers will be notified by email when they reach 80% of their monthly data transfer allowance.
2.15 Customers that exceed their monthly data transfer limit are automatically charged at a rate of £0.05/Gb of data transfer.
3 – Service Suspension
3.1 Rejuvenate may, at its sole discretion and without prejudice to any right which it might have to terminate this agreement or a service, elect to suspend forthwith provision of any service until further notice in the event that: (a) Rejuvenate is entitled to terminate this agreement or such service; or (b) Rejuvenate is obliged to comply with an order, instruction or request of government, an emergency service organisation or other competent administrative authority which affects its ability to provide the service.
3.2 Rejuvenate may from time to time suspend a service in accordance with any applicable SLA to carry out any necessary maintenance work to the network or the service equipment.
3.3 In the event the suspension is implemented as a consequence of the breach, fault, act or omission of the customer, the customer shall pay Rejuvenate all reasonable costs and expenses incurred by the implementation of such suspension and/or recommencement of the provision of the service and Rejuvenate may recover any other losses suffered as a result of such breach, fault, act or omission.
3.4 Rejuvenate shall not be liable for any loss, damage or inconvenience suffered by the customer as a result of any suspension pursuant to clause save where the circumstances set out in clause 3.1 are solely attributable to the negligence of Rejuvenate.
3.5 Any communications between Rejuvenate and the client are strictly confidential any disclosure of telephone calls, quotations, support tickets or email communication between the parties to media organisations, other businesses, discussion forums or any other third parties is strictly prohibited and may result in immediate service suspension.
4 – Indemnity
4.1 The Client agrees to fully indemnify and keep Rejuvenate, 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 breach of the contract and/or this agreement or its negligence or other act, omission or default;
(ii) The operation or break down of any equipment or software owned or used by the client;
(iii) The clients use or misuse of the services;
(iv) The client infringing (whether innocently or knowingly) third party rights (including without limit IPRs).
5 – Disclaimer
5.1 The client acknowledges that the allocation of risk in the contract reflects the price paid for the services, hardware and software and that it is not within the control of Rejuvenate how or for what purposes they are used. If any exclusion or limit of liability in the contract is held to be invalid and Rejuvenate becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by the client for the services.
5.2 Rejuvenate 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. No action, claim or demand arising out of or in connection with the contract or this agreement may be brought by the client against Rejuvenate more than one year after the cause of action has occurred.
5.3 Rejuvenate is not responsible for any delay, malfunction, nonperformance 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.
5.4 Neither Rejuvenate 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 or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this agreement, the contract or the services, hardware or software for any:
(i) economic loss of any kind whatsoever, or
(ii) loss of profit, data, business contracts, revenues or anticipated savings, or
(iii) damage to the Client’s reputation or goodwill, or
(iv) loss resulting from any claim made by any third party, or
(v) special, indirect or consequential loss or damage of any nature whatsoever, and the client shall indemnify Rejuvenate from and against any claim which may be made against Rejuvenate in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to the client.