Service agreement

We recommend that you download a copy of our Terms and Conditions for your records.

Service Agreement - General Terms


We do not allow Warez or illegal MP3 sites.
Adult content must be UK-legal.
Users must not participate in any form of un-solicited bulk e-mailing or spam.
IRC services are not allowed.
Data stored on your server is not guaranteed to be backed up unless you have purchased a backup service. It is recommend that you keep an independent copy of all data stored on your server.
You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.
We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
We reserve the right to cancel your services at any time without notice in the event of a breach in these Terms and Conditions.
Should your account be closed, all files (including web pages etc.) will be deleted.
We reserve the right to amend and update these Terms and Conditions and the Acceptable Use Policy at any time without notice.

Definitions
"CowGoMoo", "we" or"us" means CowGoMoo Web Solutions Ltd.
"Customer" or "you" means the person, firm or company that has requested any Services.
"Service" or "Services" means any services supplied or to be supplied by CowGoMoo, including but not limited to the provision of Internet hosting services.
"Order" means the electronic Service order annexed herein by reference.
"Server" means an Internet-connected server, virtual or otherwise, provided by CowGoMoo for the Customer's use.

Service agreement


This agreement is made by and between CowGoMoo and the Customer:


Overview


This agreement is intended to cover any and all Services provided by CowGoMoo and received by the Customer. This agreement contains the entire understanding between CowGoMoo and Customer with respect to the Services described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between CowGoMoo and the Customer. The Customer acknowledges and agrees that its entire right relating to CowGoMoo Services are as set forth in this agreement.


1. Services

Subject to the terms and conditions of this agreement, CowGoMoo agrees to provide the Internet hosting services specified in the Order. Subject to Customer's right to terminate this agreement in accordance to Section 4.2 of this agreement, CowGoMoo may expand or contract the scope of CowGoMoo's services by issuing an amended order form to the Customer in advance of such change.


2. Initial Term

The initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall not commence until CowGoMoo accepts the Order from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term.


3. Renewal Term

Unless terminated by CowGoMoo or in accordance with Section 4.2 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.


4. Fees and Payment

The Customer agrees to pay CowGoMoo, without limitation, for the Services it uses. CowGoMoo reserves the right to charge the Customer standard hourly rates as specified in the support matrix, to cover the resolution of excessive or unusual problems or complaints.

    4.1 Invoices - Invoices are emailed to the current billing email address. All payments are 12 months in advance.

Clients are fully responsible to ensure payment of all amounts due are paid on time independently of receiving invoice or billing notifications by email from CowGoMoo. Overdue accounts may be disconnected at any time after the expiry date. All data will be deleted after 2 weeks unless alternative arrangements are made with CowGoMoo.

    4.2 Cancellation Policy - Unless stated or otherwise negotiated in writing, each Service contract renews on expiry of its Initial Term for another equal Term. In order to cancel a Service contract the Customer must notify CowGoMoo at least 30 days before expiry of the current Term via the online cancellation form. If a service is cancelled with less than the Term remaining an invoice will be issued for the additional days. There are no partial refunds or credits for early cancellations. All payments to CowGoMoo are final and non-refundable.

    4.3 Overdue payments - All invoices are due within 2 working days of the stated invoice date. At our discretion we may refer overdue payments to our debt collections agency, and in that event an administration charge will be added to the outstanding amount. The value of the administration charge is discretionary, but would be a minimum of 25% of the overdue amount.

5. Acceptable Use Policy

Customers shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Acceptable Use Policy (AUP) posted at http://cowgomoo.com/index.php?page=uap. Customer agrees that CowGoMoo may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at www.cowgomoo.com. For existing customers, changes shall come into effect one month after they are published on the CowGoMoo website. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.

6. Response Times, Guarantees

i) Hardware Maintenance; CowGoMoo is responsible for the replacement of any hardware components that fails. This includes chassis, PSU, disks, memory and motherboard of the server. The customer will not be charged for any failure or replacement of hardware. In the case of a hardware fault which results in a server failure CowGoMoo will replace the faulty hardware within 3 days of isolating the cause of failure. All of our Servers use RAID disk configuration so in the event of a single disk failure no disruption to service should occur and the replacement would be carried out at a mutually convenient time.

ii) Connection Guarantees; We guarantee that all of our UK Servers are within a maximum of twenty milliseconds of 95% of UK residences. We have triple redundant uplinks via physically diverse cables into the UK backbone to ensure maximum connectivity uptime. Where the connection is metered we guarantee that the full burst capability will be available at all times. Where the Server's connection is unmetered, we guarantee that the maximum divided by the contention will be available at all times (eg. 2Mbps in the case of a 10Mbps connection with 5:1 contention). In general, we attempt to ensure that an unmetered connection's maximum burst is available at least 80% of the time, and have a large contention pool to ensure that.

CowGoMoo will guarantee that if a customer can prove that any of the above services or response times have not been met the customer shall receive a day's credit for every incident up to a maximum of 10 days credit within any calendar month.

7. 99.95% Availability Guarantee

We endeavour to provide the most reliable infrastructure as practical to Customers. To Customers in good financial standing with us we guarantee that the following aspects of our services are available 99.95% of the time in a year, excluding scheduled maintenance:

i) Network; The network is defined as core network infrastructure up to your server or other Service but excluding the server hardware, services and software running on your server. Network downtime (and "outage") is measured from the moment the Customer notifies our support team of a network failure to the time the Network responds to an external "ping" request.

"Outage" means a failure of the Network as defined above. Notification of an outage must occur at the time of the outage and not after the fact. The Customer will be refunded 1 day's worth (3.4%) of their monthly hosting fee in the event that the total outage period in one month exceeds 22 minutes (0.05% of a month), and an additional day for each additional 30 minutes of downtime up to 50% of the Customer's monthly hosting fee.

Refunds shall not be provided to the Customer if the outage results from: a) maintenance; b) circumstances beyond our reasonable control, including, but not limited to: dDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labour disturbance, acts of government; c) any actions or inactions of you or any third party; d) breaking this Agreement or our Acceptable Use Policy.

8. Temporary Service Suspension

The Customer agrees that it may be necessary for CowGoMoo to Temporarily suspend Services for technical reasons or to maintain the CowGoMoo network, the equipment or any other facilities, the timing of which will be as determined by CowGoMoo. Such suspension of the Services will not be an interruption of the CowGoMoo Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

9. Emergency Service Suspension

CowGoMoo may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of CowGoMoo Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

10. Daily Backups

CowGoMoo offers daily and snapshot backups of critical data files. If a customer has chosen the Daily Backup Option then it is CowGoMoo's responsibility to ensure we have a Backup of the customer's chosen data. It is the customer's responsibility to ensure that any backup folder creation or similar is set up in order for us to take the backups. CowGoMoo cannot be held responsible for the integrity of the customer's data or the fact that the data may be corrupt. The Customer will hold CowGoMoo without penalty or liability for any claim resulting from a failed backup and/or restore procedure.

11. Compromised/Hacked Server

A compromised or "hacked" server is a serious threat to our network. CowGoMoo, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network. Determination that a server has been compromised: By the Customer - If you believe your system may have been hacked, immediately report the situation to CowGoMoo technical support. CowGoMoo will examine your system and may implement additional monitoring of your system. By CowGoMoo - If a CowGoMoo System Administrator believes a server on our network is compromised, CowGoMoo will: 1) disconnect the server from the network, 2) contact the client, and 3) provide evidence of the server being "hacked".

12. Termination of Agreement

If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then CowGoMoo may terminate this agreement at any time and without prior notice.


13. Limitation of Liability

Customer acknowledges and agrees neither CowGoMoo nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, CowGoMoo or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of CowGoMoo, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to CowGoMoo for one month of service under this agreement.

14. Indemnity

Customer will indemnify and save harmless CowGoMoo and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against CowGoMoo or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

15. Customer Acknowledgement

Customer acknowledges that it accepts all risk of any unauthorised or illegal use of the CowGoMoo network or any inter-connected network by third parties. CowGoMoo provides no warranties, makes no representations, and accepts no liability for the unauthorised or illegal access or interference with the Customer's server/network unless such access or interference is caused by the intentional unlawful acts of CowGoMoo, its agents or employees.

16. IP Address Ownership and Usage

CowGoMoo assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use CowGoMoo IP addresses not assigned to them, to move IPs between different servers or account or in ways not permitted by CowGoMoo. CowGoMoo maintains ownership of all IP addresses that are assigned to Customers and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of RIPE & ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of RIPE & ARIN. These policies now dictate that name-based hosting MUST be used whenever possible. CowGoMoo reserves the right to periodically review IP address usage and revoke authorisation to use those IP addresses not being utilised or where name-based hosting could be used.

17. CowGoMoo Administrative Account and Software

For the purposes of Network/Server maintenance, inventory and related activities, CowGoMoo staff and management retain the right to administrative access to any and all Servers on their network. To facilitate this, all CowGoMoo Servers include a CowGoMoo administrative account and/or daemon designed for these purposes. See Acceptable Use Policy (AUP) for more details.

18. Governing Law

This Agreement is governed by the law of England, and the Customer agrees that any court action brought under this agreement shall be brought in the jurisdiction of England. If any provision of this agreement is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.
 

 

Registered in the UK
CowGoMoo Web Solutions Ltd.
203 West Street,
Fareham,
Hampshire.
PO16 0EN.
 
Company No: 7682909
 
Tel: 0844 870 0364
Skype: cowgomoowebs1

  
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