Legal

Please note: By use of our services you are indicating that you have read and agree to these terms. If you have any questions or are worried that you may breach our terms please email (admin@comstat.uk).

Terms and conditions of business (inc web hosting)

Version 01.08.2014

All Users of services provided by ComStat.uk, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.

NOTE: Spamming, or the sending of unsolicited email, from a ComStat.uk server or using an email address that is maintained on a ComStat.uk server, virtual server, or machine, is STRICTLY PROHIBITED.

This Agreement is made between ComStat.uk, Woodghyll House, Llanbedr DC, Ruthin, LL15 1US (“we” and also “ComStat”) and the

user ______________________________________________

of ________________________________________________

(“you” and also “the Customer”).

The date of this Agreement is _____________________ 20___

The following constitute the terms and conditions under which ComStat trades and supplies its services and related products. These conditions, in conjunction with the details as shown on the Designer Servers Limited Order Form (where completed) represent the totality of the agreement and form the Contract between ComStat.uk and the User.

Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. ComStat is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.

  1. DEFINITIONS

In this Contract unless the context otherwise requires:

“Service” or “Services” means domain name registration, Virtual Server hosting, bandwidth provision, email and any other service or facility provided by us to you including specifically but not exclusively services known as “Individual POP accounts”, “POP mail services”, “SMTP mail services, “IMAP mail services”, “Integrated mail/hosting services”, “SSL hosting services”, “Annual Web Hosting Services”, “Virtual Server”, “Dedicated Server”, and “Managed Server” “;

“Server” means the computer server equipment operated by us or provided by you in connection with the provision of the Services;

“Virtual Server” means the area on the Server allocated by us to you for use by you as a site on the Internet;

“ComStat” means Caistar, ComStat.uk, ComStation.co.uk, Comstar,

“Contract” means the agreement between ComStat and the User incorporating these conditions, the ComStat Order Form (where completed) and ComStat’s published charges for the provision of its services;

References to “Agreement” shall, where the context admits, be read as referring to the Contract

“Charges” means the charges as agreed on the Order Form (where completed) and ComStat’s latest published prices for products and services requested or incurred by you;

“bandwidth” means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;

“data transfer” means all traffic that passes through the Virtual Server including specifically but not exclusively web traffic, email, FTP transfers and any shell session data;

“Site” means the premises or location at which Service is or is to be provided under this Contract;

“Equipment” means equipment which is supplied by or on behalf of ComStat to the customer or placed at or on a Site for the purpose of providing Service;

“Internet” means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intermit Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;

“User” means you, the Customer, or any person who makes use of the services though you or on your behalf;

“Initial Contract Term” means the initial period of service as specified in clause 6;

“Extension Term” means each successive period of twelve months after the Initial Contract Term.

  1. DOMAIN NAME REGISTRATION

2.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;

2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. For UK domain registrations you shall ensure that you are aware of the terms and conditions of Nominet UK, the UK naming authority, that can be found at http://www.nominet.uk and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

2.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

2.4 We give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.

2.5 In the event of a request for a transfer of domain name to another registrar, registrar’s agent, or IPS tag, there is a standard charge of £55.00, payable in advance of execution of transfer to cover our reasonable costs. There is no charge for domain name pointing or continued zone record management during the current period of registration.

2.6 ComStat shall be entitled to withhold the release of any domain name to another provider or “tag holder” unless full payment of all amounts due to us at that time for whatever reason has been received by us:

2.7 If payment is not received for any domain name ComStat may delete or retain the domain for further sale.

2.8 You may request deletion of a UK domain name registered with Nominet UK only within 7 days of the application date for that domain name. There will be a standard “deletion charge” of £50. Deletion requests after these 7 days will not be accepted.

  1. VIRTUAL SERVER HOSTING and EMAIL

3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss of or damage to any data stored on the Server.

3.2.  You accept all responsibility for any data stored on the server and shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server.

3.3 You represent, undertake and warrant to us that you will use the Virtual Server allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that

3.3.1 you will not use the Virtual Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;

3.3.2 you will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;

(b) any material containing a virus or other hostile computer program;

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

Your attention is drawn to the provisions of subclause 8.3 below.

3.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

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

3.6 You shall ensure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

3.7 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

3.8 Any access to other networks connected to ComStat must comply with the rules appropriate for those other networks.

3.9 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.

3.10 Customers applying for a Virtual Server will at all times be subject to system restrictions as detailed on our web site and or our Facebook page (https://www.facebook.com/comstarIT/) from time to time including specifically but not exclusively a limit of no more than 1GB of data storage space and no more than 2 domain names in the ComStat nameservers, unless otherwise stipulated on our web site or by email communication to the customer. “Small Business” Virtual Server includes 1GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices. “CS20” Virtual Servers that show no system activity or data transfer for a period of 30 days will be subject to termination without notice. ComStat reserves the right to terminate a “CS20” Virtual Server for any reason by giving to you not less than 14 days prior written notice of termination. Applications from existing ComStat customers for a “CS20” Virtual Server will not be accepted.

3.11 Customers applying for a “CS50” Virtual Server, also known as the “Small Business Hosting” package, will be restricted to no more than 50MB of data storage space, unless otherwise stipulated on our web site or by email communication to the customer. “CS50” Virtual Server customers will only be permitted to host a single web site on a single “CS50” Virtual Server. “CS50” Virtual Server customers are permitted to add up to 5 different domain names in the ComStat nameservers but these domain names must all point to the single website that is permitted on that “CS50” Virtual Server. “CS50” Virtual Server includes 1GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices. Customers upgrading from a “CS20” Virtual Server will not be allowed to maintain use of their old “CS20” Virtual Server once upgraded.

3.12 Customers applying for a “CS300” Virtual Server, or upgrading from a “CS20” Virtual Server to a “CS300” Virtual Server, will be restricted to no more than 300MB of data storage space and no more than 300 domain names in the ComStat nameservers, unless otherwise stipulated on our web site or by email communication to the customer. “CS300” Virtual Server includes 10GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices. Customers upgrading from a “CS20” Virtual Server will not be allowed to maintain use of their old “CS20” Virtual Server once upgraded.

3.13 Customers applying for a “CS750” Virtual Server, or upgrading from a “CS20” Virtual Server or “CS300” Virtual Server to a “CS750” Virtual Server, will be restricted to no more than 750MB of data storage space and no more than 750 domain names in the ComStat nameservers, unless otherwise stipulated on our web site or by email communication to the customer. “CS750” Virtual Server includes 15GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices. Customers upgrading from a “CS20” Virtual Server will not be allowed to maintain use of their old “CS20” Virtual Server once upgraded.

3.14 Customers applying for a “CS1000 (HR)” Virtual Server, or upgrading from a “CS20” Virtual Server, “CS300” Virtual Server or “CS750” Virtual Server to a “CS1000 (HR)” Virtual Server, will be restricted to no more than 1GB of data storage space and no more than 1000 domain names in the ComStat nameservers, unless otherwise stipulated on our web site or by email communication to the customer. “VS1000 (HR)” Virtual Server includes 15GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices.

3.15 Customers applying for a “CS2000 (HR)” Virtual Server, or upgrading from a “CS20” Virtual Server, “CS300” Virtual Server, “CS750” Virtual Server or “CS1000 (HR)” Virtual Server to a “CS2000 (HR)” Virtual Server, will be restricted to no more than 2GB of data storage space and no more than 2000 domain names in the ComStat nameservers, unless otherwise stipulated on our web site or by email communication to the customer. “CS2000 (HR)” Virtual Server includes 25GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices

3.16 Customers applying for a “CS5000 (HR)” Virtual Server, or upgrading from a “CS20” Virtual Server, “CS300” Virtual Server, “CS750” Virtual Server, “CS1000 (HR)” Virtual Server or a “CS2000 (HR)” Virtual Server to a “CS5000 (HR)” Virtual Server, will be restricted to no more than 5GB of data storage space and no more than 5000 domain names in the ComStat nameservers, unless otherwise stipulated on our web site or by email communication to the customer. “CS5000 (HR)” Virtual Server includes 55GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices.

3.17 Customers applying for a “CS150” Virtual Server, or upgrading from a “CS20” Virtual Server to a “CS150” Virtual Server, will be restricted to no more than 150MB of data storage space and no more than 10 domain names in the ComStat nameservers, unless otherwise stipulated on our web site or by email communication to the customer. “CS150” Virtual Server includes 5GB of bandwidth per month. Additional bandwidth usage will be charged at current published prices.

3.18 Customers upgrading an existing Virtual Server will not be allowed to maintain use of that Virtual Server after the upgrading has been completed.

3.19 The customer accepts all responsibility for any data stored on the server. Customers are required to ensure they

  1. GENERAL RESELLING

4.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these terms and conditions.

4.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.

4.3 You may resell the ComStat Service provided that you have paid our Charges and that you do so based on your own technical and legal responsibility and never sell bandwidth or speed of service greater than that of the Service you have contracted for with ComStat. Furthermore, you must not purport or claim that the resale is a resale of the ComStat Service. You will hold ComStat indemnified against any claims from a party to whom you have resold and will ensure that your own terms and conditions in any resale contract include and comply with these terms and conditions. If ComStat agrees any change in Service, this Contract is to be treated as varied accordingly.

4.4 No default by your customers shall in any way affect, modify or limit your obligations under the Contract.

4.5 RESELLER SCHEME AGREEMENT (RSA)

Customers who joined the Reseller Scheme prior to 1st September 2003 will have been required to sign the Reseller Scheme Agreement (RSA). The existence of new Reseller Packages from 1st September 2003 does not supercede the terms of the RSA in anyway and the RSA will be deemed to be in force until termination of the account. Customers who signed the RSA prior to 1st September 2003 should refer to the version of these terms in force at that time, for full details of their agreement.

4.6 RESELLER PACKAGES

4.6.1 Commencement. From 1st September 2003 customers wishing to become a ComStat Reseller must apply for any of the Reseller Packages known as either the “Pro Reseller Package”, “Power Reseller Package” or “Ultimate Reseller Package”. The Reseller status will only be applied to that one account. Customers with multiple accounts will not have Reseller status, discounts or any other feature or benefit applied to their other accounts unless a separate Reseller Package is ordered for each of those accounts.

4.6.2 The Packages

4.6.2.1 “Pro Reseller Package”

Customers who order a “Pro Reseller Package” will be charged a yearly fee as published on our website at that time and will be entitled to the following products/services at no extra charge:

1 x CS300

1 x Rebrandable ControlCentre

1 x TrustedMail Mailbox

1 x Unique Name Server Access

1 x Half-day Training Voucher

5% Discount on future purchases as detailed in 4.6.3

4.6.2.2 “Power Reseller Package”

Customers who order a “Power Reseller Package” will be charged a yearly fee as published on our website at that time and will be entitled to the following products/services at no extra charge:

1 x CS750

1 x Customisable ControlCentre

1 x Rebrandable ControlCentre

1 x TrustedMail Mailbox

1 x Unique Name Server Access

1 x Half-day Training Voucher

5% Discount on future purchases as detailed in 4.6.3

4.6.2.3 “Ultimate Reseller Package”

Customers who order an “Ultimate Reseller Package” will be charged a yearly fee as published on our website at that time and will be entitled to the following products/services at no extra charge:

1 x CS2000

1 x Customisable ControlCentre

1 x Rebrandable ControlCentre

1 x TrustedMail Mailbox

1 x Unique Name Server Access

2 x Half-day Training Vouchers

7.5% Discount on future purchases as detailed in 4.6.3

4.6.3 Discounts and Pricing

4.6.3.1 Old orders placed before ordering a Reseller Package will not have the discount applied, backdated, but the discount will be applied to products/services upon renewal date.

4.6.3.2 Discounts are applied to all hosting options other than bespoke dedicated, managed, co-located or high-end solutions, which will be priced accordingly.

4.6.3.3 Discounts are applied at the time of ordering to the following services;

Multiple Shell Logins
Extra IP Address
Unique Nameserver Address
Server Management Service
Virtual Server Backup Service
UK Domain Renewals
TrustedMail
BackupMX
ComStat FireWall
ETRN Service

4.6.3.4 Discounts are not applied to any other additional services, including specifically but not exclusively;

Domain registrations, including specifically but not exclusively uk and gTLD registration
All resold products and services, including specifically but not exclusively Thawte Certificates, GeoTrust Certificates, “Actinic Catalogue” and “Shop@sssistant”
All affiliated services, including specifically but not exclusively WorldPay and amazon.co.uk

4.6.4 Credit Account

Upon ordering a Reseller Package your account will operate on a 30 day credit basis. All purchases made on that account need not be paid for until 30 days after the date of the order.

4.6.5 0870 telephone support line

4.6.5.1 Clients who have ordered a Reseller Package will be provided with details of the support line upon commencement. This number will not to be published openly to all clients. Any clients who have not signed ordered a Reseller Package who call for support on this number will be instructed that they must hang up and call the standard published support line number.

4.6.5.2 Resellers will still be encouraged to use the ITS as usual for better issue tracking and improved service.

4.6.5.3 Telephone support will not be given to customers of Resellers.

4.6.6 Dedicated Account Manager

Upon commencement you will be assigned to an individual Reseller Account Manager who will act as your point of contact at ComStat. Should your Account Manager be unavailable when you contact us, your enquiry will be dealt with by an alternative Reseller Account Manager.

4.6.7 Pooled Bandwidth Quotas

4.6.7.1 Upon commencement your bandwidth allowances for all virtual servers within that account will be accumulated as a “pooled quota” for the account. You will not be charged for bandwidth use unless it exceeds this total “pooled quota”. Charges over this “pooled quota” will not have any discounts applied.

4.6.7.2 Resellers may still be instructed to upgrade a virtual server that is affecting system resources and degrading service for other clients, in accordance with these Terms.

4.6.8 Customisable ControlCentre

Development of this feature is scheduled to be completed by Dec 1st 2003. This completion date may be subject to change without notice. Upon completion of this feature, all clients who have ordered the “Power Reseller Package” and “Ultimate Reseller Package” will have access to this service for their account at no additional charge.

  1. COMSTAT SERVICE

5.1 Connection to the ComStat Service is via a fixed telecommunications link or dial up connection. This Contract, unless specifically stated on the Order Form, does not include the provision of telecommunications services necessary for connection to the ComStat Service.

5.2 Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail.

5.3 ComStat will use all reasonable endeavours to adhere to any dates proposed by either ComStat or you for the provision of Service; however, any such date is to be treated as an estimate only and ComStat accepts no liability for failure to meet such dates.

5.4 ComStat will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and ComStat does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone telefax or electronic mail to ComStat’s Technical Support at the appropriate numbers or addresses or other such numbers or addresses that ComStat may from time to time provide. Upon receipt of the fault report, ComStat will take all proper steps without undue delay to correct the fault. ComStat shall not, in any event, be liable for interruptions of Service or downtime of a Server.

5.5 ComStat may:

5.5.1 temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. ComStat undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension,

5.5.2 give or update instructions regarding the use of Service which in ComStat’s reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of Service to ComStat’s customers. Any such instructions shall, whilst they are in force, be deemed to form part of this Contract,

5.5.3 vary the technical specification of Service for operational reasons.

5.6 ComStat’s Service Level Agreement for HR series Virtual Server:

5.6.1 Service Availability – ComStat’s Service Level Agreement (SLA) is to have the Virtual Servers with the suffix “HR” or “(HR)” located at Telecity available 99.9% of the time (increased from 99.5% as of 1st September 2003).

5.6.2 Service Level Agreement – At the Customer’s request, ComStat will calculate the Customer’s “Service Unavailability” in a calendar month. “Service Unavailability” consists of the number of minutes that the ComStat Virtual Server with the suffix “HR” or “(HR)” located at Telecity was not available to the Customer in excess of the 0.1% permitted unavailability, and includes unavailability associated with any maintenance at any ComStat node other than Scheduled Maintenance. Outages will be counted as Service Unavailability only if the Customer reports an outage on the Technical Information Tracking System (ITS) through the by fax or email within five days of the outage. Service Unavailability will not include Scheduled Maintenance, unavailability of individual Services (such as email, webserver or other user-configurable application) or any unavailability resulting from (a) the Customer’s applications, equipment, or facilities, (b) acts or omissions of the Customer, or any use or user of the Service authorized by the Customer or (c) reasons of Force Majeure or other circumstances beyond ComStat’s reasonable control (as defined in clause 13 of these terms).

5.6.3 Compensation – For each complete hour of Service Unavailability, in excess of the 0.1% permitted unavailability, in any calendar month, at the Customer’s request the Customer’s account shall be credited for the pro-rated charges for one day of the ComStat Monthly Fee for the Service with respect to which this SLA has not been met.

5.6.4 Scheduled Maintenance – “Scheduled Maintenance” shall mean any maintenance at any ComStat node of which the Customer is notified 48 hours in advance, and maintenance that is performed during a standard maintenance window on Tuesdays from 2 AM to 6 AM local time on any ComStat node. Notice of Scheduled Maintenance will be provided on the Server Status page at http://www.ComStat.uk or by email directly to the recorded email address for the Customer.

5.6.5 The Customer is solely responsible for providing ComStat with accurate and current contact information for the Customer’s designated points of contact. ComStat will be relieved of its obligations in this agreement if ComStat’s contact information for the Customer is out of date or inaccurate due to the Customer’s action or omission or if ComStat’s failure is due to reasons of Force Majeure or other circumstances beyond ComStat’s reasonable control (as defined in clause 13 of these terms).

  1. COMMENCEMENT and INITIAL PERIOD OF SERVICE

The Service shall be for an initial period as specified on the Order Form (where completed). The Service, unless otherwise agreed on the Order Form (where completed), shall be provided for an Initial Contract Term of twelve months. The Initial Contract Term shall commence upon connection. Connection shall be deemed to be effected when the link is first live to your Site or other such point as requested by you, to the ComStat network.

  1. BANDWIDTH UTILISATION

If the bandwidth or speed of Service used by you exceeds agreed quotas in a one-month minimum period, an excess charge will be payable by you at current published prices.

  1. CONTENT and MISUSE

8.1 You will use all reasonable endeavours to ensure that the ComStat Service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring ComStat into disrepute.

8.2 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene, pornographic or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any provisions as contained within clauses 3 and 4 of this Contract, or other than in conformance with the acceptable use policies of any connected networks and the Internet standards.

8.3 Forum

8.3.1 Posting messages to any forums ComStat may operate from time to time is considered part of the “Service” and as such clauses 8.1 and 8.2 or these Terms apply specifically, but not exclusively. New messages and responses to messages posted on this forum may be made by members of ComStat staff (the “author”).

8.3.2 By use of the forum you agree that any statements made and opinions expressed by the author may not be the official policy of ComStat. ComStat will not be held liable for statements or opinions contained in the forum which are clearly the author’s own. Statements are only made on behalf of ComStat or endorsed by ComStat when clearly indicated.

8.3.3 By use of the forum you agree that messages posted in no way constitute any new contractual obligation unless this is expressly stated by the author.

8.3.4 Any message posted by ComStat staff is not to be considered as official technical support or advice. This will only be made through the “ITS” or by email. You agree not to hold ComStat liable for any loss arising from action taken based on the quality of advice given on the forum.

8.4 ComStat may discontinue Service immediately if the User is found to have carried out or permitted any illegal or use that is prohibited by these terms. If ComStat suspends Service for contravention of the above conditions of this clause, ComStat can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention.

  1. CHARGES and PAYMENT

9.1 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £35.

9.2 All Charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or on the Order Form (where completed) and shall be due and payable in advance of our Service provision. Charges are exclusive of ‘Value Added Tax’ which shall, if applicable, be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice.

9.3 You acknowledge that our Services are provided using facilities provided to us by third parties; ComStat shall have the right, subject to 14 days’ prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increased costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate the Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.

9.4 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. ComStat agrees to be party to this Contract upon ComStat’s acceptance of cleared funds covering first invoice or the first payment under the Order Form (where completed). Recurring charges are payable on connection as defined in subclause 5.1 of this agreement and thereafter on or before the same day (the due date) of all subsequent months during the Initial Contract Term or any Extension Term. If payment is not received on or before the due date ComStat reserves the right to immediately withdraw, suspend or limit Service and will charge the User interest at the rate of 3% of the amount overdue per month.

9.5 Virtual Server clients have the right to terminate this Contract by giving written notice of termination, by post or by e-mail, within 14 days after the date on which Service is first provided. In this event ComStat will refund all monies paid for the 1st years’ Service but all charges for additional Services provided within this period are non-refundable.

9.6 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a “reconnection” charge of £50.

9.7 If suspension of service occurs for any reason you will be liable for a “reconnection” charge of £50.

  1. DEFAULT

10.1 If you do not pay the charges in accordance with the provisions of clause 9 of this Contract, or break this Contract in any other way, or are subject to bankruptcy or insolvency proceedings ComStat can (without prejudicing, losing or reducing any other right or remedy) suspend Service, wholly or partially, without notice (but the User remains liable during the suspension to pay charges for Service), or terminate this Contract by immediate notice, without prejudice to ComStat’s pre-existing rights.

10.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.

10.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract.

10.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Virtual Server and to remove all data located on it. We shall be entitled to delete all such data but we may at our discretion hold such data for such period as we may decide, to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Virtual Server as we think fit.

10.5 For so long as any sum due to ComStat hereunder is unpaid or any other amount is due to or properly claimed by ComStat from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, ComStat shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by ComStat or by its agents until such time as all amounts due to ComStat are paid and/or any issue between you and ComStat is determined.

10.6 If ComStat waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by ComStat in acting upon a breach is not to be regarded in itself as a waiver.

  1. TERMINATION OF SERVICE

11.1 Service may be terminated by either party on giving at least 30 days’ notice to the other expiring on the last day of the Initial Contract Term or at any time thereafter. If ComStat gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges as provided in subclause

11.2 ComStat reserves the right during the Initial Contract Term and at any time thereafter to terminate this Contract by giving to you not less than 30 days’ prior written notice of termination.

11.3 After the expiry of the Initial Contract Term you may terminate the Service by giving not less than 30 days’ prior written notice of termination, but subject to subclause 11.4.

11.4. Your notice does not avoid any other liability for Service already provided.

11.5 The Contract is a yearly contract and if you continue Service beyond your Initial Contract Term you will be liable to pay for the remainder of the then current Extension Term even though Service ends before the end of the Extension Term.

  1. NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form 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.

  1. MATTERS BEYOND COMSTAT’S REASONABLE CONTROL

ComStat is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.

  1. LIABILITY

14.1 You acknowledge that ComStat has no control over the information transmitted via the Service and that ComStat does not examine the use to which you put the Service or the nature of the information you are sending or receiving. ComStat hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.

14.2 ComStat undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

14.3 ComStat is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.

14.4 ComStat makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non-deliveries and Service interruptions.

14.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 14.6.

14.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

14.7 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

14.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

  1. INDEMNITY

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

  1. INTELLECTUAL PROPERTY RIGHTS

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

  1. ASSIGNMENT

You may assign all or part of this Contract to any other party only with the prior written agreement of ComStat. ComStat reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of ComStat.

  1. LAW

This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

  1. HEADINGS

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

  1. ENTIRE AGREEMENT

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.

 

For the User

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Position

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Signature

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Name

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Date

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For ComStat.uk

Position

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Signature

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Name

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Date

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Remote Management Service terms and conditions

These terms and conditions apply if you wish to take up our ComStat.uk remote management tool.

Our contract with you….

  1. The service.

The ComStat.uk remote management service gives you IT support on the hardware, applications and operating systems detailed at: http://www.ComStat.uk and as described in paragraphs 8, 9 and 10 below.

  1. These additional terms and conditions.

2.1 If you have signed up for ComStat.uk broadband service for your internet access, these terms and conditions apply in addition to the broadband terms and conditions you have already in force.

2.2. If you do not use ComStat.uk recommended broadband services for your internet access, you will still need to agree to these additional conditions for ComStat remote management service together with your broadband terms and conditions

  1. When do these additional terms and conditions apply?

3.1 When you order any of the ComStat remote management service, either by telephone, online at http://www.ComStat.uk, or otherwise by written or verbal instruction, these additional terms and conditions apply.

3.2 If you place an order for ComStat.uk remote management service by telephone, these terms and conditions will apply when you agree to the immediate provision of the ComStat.uk remote management service.

  1. These services are provided on the basis that you maintain an approved broadband line with a fixed static IP address, and maintain subscriptions for the provision thereof.
  2. Providing the Service.

5.1 By ordering the ComStat.uk remote management service, you are agreeing to immediate provision of the service and you cannot cancel it under the Consumer Protection (Distance Selling) Regulations 2000.

5.2 Our provision of the ComStat.uk remote management service is not meant to be a substitute for you taking appropriate steps to maintain and safeguard your IT system through regular data back-up, running current virus software and adopting other appropriate security or maintenance procedures.

5.3 Although we will use reasonable efforts to provide on-site support and repair equipment within the timescales agreed with you, all dates are estimates and we cannot guarantee that we will meet them.

What we need you to do….

  1. Paying our charges

In addition to any ongoing charge for broadband internet access, you must pay the charges for the ComStat.uk remote management services that are set out in the price list located at http://www.ComStat.uk or otherwise agreed in writing. This price list is part of these additional terms and conditions.

  1. Ending ComStat.uk remote management service….

7.1 These additional terms and conditions for ComStat.uk remote management service can be ended by either of us giving 28 days’ notice to the other.

7.2 If you give us notice that ends, or we end the contract and are entitled to do so because you have broken the contract, during the first 12 months from the date that the ComStat.uk remote management service is activated on each block of registered PC’s you must pay all charges payable for any remaining period of that 12 months except where you give us notice because we have increased our charges or changed the conditions of the contract to your detriment.

7.3 If you have paid any charges for a period after the end of the contract beyond the 12 months referred to in paragraph 7.2, we will either repay these charges or put them towards any money you owe us.

Your choice of service….

  1. ComStat.uk remote management service (global)

8.1 You can choose to subscribe to ComStat.uk remote management service (global) based on the number of PC’s you wish to have supported. Choosing this option will provide you with the following facilities:

(a) An online support with diagnostic functionality available during 9:00 – 5:00, 5 days per week excluding bank and public holidays;

(b) A single point of contact for ComStat.uk remote management service (global)

(c) Remote access to your registered PC’s for diagnostics and problem solving;

(d) Telephone-based help and advice on use of the supported applications and operating systems detailed by inventory schedule;

(e) On-site support by our appointed representative when necessary; and

(f) An annual on-site health check for each block of your registered PC’s in accordance with the inventory schedule.

8.2 The telephone-based and on-site support for ComStat.uk remote management service (global) described in paragraph 8.1 (b), (c), (d), (e) and (f) above is available between 10:00 and 18:00 Monday to Friday excluding bank and public holidays.

8.3 ComStat.uk remote management service is currently only available once a site survey has been completed

8.4 The annual health check included in ComStat.uk remote management service is not a repair service. It will not resolve problems where your PC fails to boot or exhibits other fatal errors. Our appointed IT engineer will attempt to diagnose the fault providing it can be done within the allocated average time limit for the health check of twenty minutes per PC.

8.5 The purpose of the on-site support is to remedy problems within the supported applications and operating systems listed in paragraph 1 which cannot be addressed by other means such as, the self-care capability, telephone-based support or remote access to the PC. If, in our opinion, you are repeatedly failing to comply with the provisions of paragraph 5.2 above, resulting in us having to make more than three on-site support visits per block of your registered PC’s per year, then we reserve the right to refuse to provide you with further on-site support or charge you for any additional on-site support visits you require. We will tell you what the additional charges are before we provide you with any additional on-site support visits

  1. ComStat.uk remote management service (remote)….

9.1 You can choose to subscribe to ComStat.uk remote management service (remote) based on the number of PC’s you wish to have supported without an inclusive on-site engineer visit service. Choosing this option will provide you with the following facilities:

(a) An online diagnostic functionality available 8 hours per day, 5 days per week excluding bank and public holidays;

(b) A single point of contact for ComStat.uk remote management service (remote)

(c) Remote access to your registered PC’s for diagnostics and problem solving;

(d) Telephone-based help and advice on use of the supported applications and operating systems detailed in the inventory schedule;

9.2 The telephone-based support described in paragraph 9.1 (b), (c), and (d) above is available between 08:00 and 18:00 Monday to Friday excluding bank and public holidays.

9.3 Charges for ComStat.uk remote management service (remote) are based upon the provision of a reasonable level of telephone support by us. If we believe that you are using the service excessively without good reason, and are failing to comply with the provisions of paragraph 5.2 above, we reserve the right to raise an additional charge against you.

  1. ComStat.uk remote management service (per incident)….

10.1 The ComStat.uk remote management service option provides the service detailed in paragraphs 9.1 (c) & (d) and 9.2 above, for a one off charge per incident subject to paragraph 10.2.

10.2 The call time included in the charge for the ComStat.uk remote management service telephone-based support described in paragraph 10.1 above is limited to one forty-five minute call per incident

  1. ComStat.uk remote management service (on site)….

11.1 Where available, ComStat.uk remote management service provides an on site visit, based on a call out charge and an hourly rate, by our approved IT engineer to carry out general fault diagnosis, installation and reconfiguration and repair of the hardware, software and LAN equipment listed in the inventory schedule. ComStat.uk remote management service (on site) does not cover faults relating to your internet access or provide support for items of non-standard equipment or of a specialised nature such as printing machines, plotters, scanners cameras and video equipment;

11.2 ComStat.uk remote management service (on site) is only available following an on-site survey and an agreed inventory schedule.

11.3 ComStat.uk remote management service (on site) visits are available between 09.00 and 17.00 Monday to Friday excluding bank and public holidays. We can normally provide an on-site visit within 48 hours of agreeing to your request.

11.4 You must give us access to your premises at the time we agree with you for your appointment. If we are not able to gain access to carry out our work at the pre-agreed time we reserve the right to charge you for a missed appointment.

11.5 We will only commence repair work once you have agreed to our estimate of charges. If we believe that a repair cannot be carried out on site, we will give you the option to have the repair carried out off site. If we need to remove your equipment for repair, we will try to complete the repairs in 5 working days. If we are unable to do this, we will let you know.

11.6 If we replace items such as hard drives, we will return your PC with the basic operating system installed ready for you to restore your data and applications.

11.7 PC repair does not include the back-up or restoration of your data or applications. If you would like us to do this if on a PC we have removed for repair, we will need to charge you for a further on site visit.

11.8 If we find that any equipment requiring repair is still subject to a manufacturer’s warranty we will, where possible, liaise with the manufacturer on your behalf to try and ensure that the faulty equipment is repaired or replaced in accordance with the manufacturer’s warranty. We will not repair any equipment which is still under warranty unless the manufacturer authorises us to do so and has agreed in writing to pay our charges to carry out the repair.

11.9 If we diagnose on our first visit that subsequent visits will be required by specialist support to resolve your PC faults, charges at higher rates may apply for subsequent on site visits by these specialists.

11.10 Charges for ComStat.uk remote management service (on site) do not include any costs for replacement parts.

  1. Limitations of ComStat.uk remote management service….

12.1 In order to use ComStat.uk remote management services, your computer systems must meet the following minimum requirements:

PC hardware with a minimum software level of Windows 7 and Mac OS 10x;

500Mb free on hard drive; and

an internet connection of at least 2Mb/sec.

12.2 You agree to us or our representatives having access to your registered PCs via a remote access client. We will ask you to grant us access on a session by session basis.

12.3 We do not guarantee that we will be able to fix all faults reported by you, or that we will be able to advise on all service related issues.

12.4 We are not liable for any failures in the supported applications and operating systems that cannot be resolved using the ComStat.uk remote management services, or your failure to correctly follow our, or our appointed IT subcontractor’s advice and recommendations. We recommend that you regularly and frequently back-up any stored data as we cannot accept any liability for loss or corruption of your data.

12.5 If a fault is due to a failure in your equipment it is your responsibility to arrange for the repair or replacement of it either via the ComStat.uk remote management service, if available in your area, or via other means.

Privacy statement

Information Collection and Use

“ComStat.uk” is the sole owner of the information collected on this site. “ComStat.uk” will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. “ComStat.uk” collects information from our users at several different points on our website.

About Cookies

A cookie is a piece of data stored on a user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. If a user rejects the cookie, they may still use our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.

Log Files

We use IP addresses to analyse trends, administer the site, track users movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Sharing

We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

Links

This web site contains links to other sites. Please be aware that “ComStat.uk” are not responsible for the privacy practices of such other sites. “ComStat.uk” encourages users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

Surveys & Contests

Occasionally ComStat.uk may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary. Information requested may include contact information (such as name and address), and demographic information (such as postcode, age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Security

This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, that information is protected both online and off-line.

“ComStat.uk” exercises reasonable care to protect user-information off-line. All of our users’ information is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Our systems are password-protected and all employees are kept up-to-date on our security and privacy practices.

If you have any questions about the security at our website, you can send an email to admin@comstat.uk

Correction/Updating Personal Information

If a user’s personally identifiable information changes (such as a postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. Please contact admin@ComStat.uk for further information.

Notification of Changes

If we decide to change our privacy policy, changes will be posted on our Homepage so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we would notify users by email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Data protection policy

ComStat.uk adheres to the following Data Protection Statement:

” ComStat.uk” follows the Data Protection Act 1998 and is committed to follow the eight principles laid out in the Act. Any data supplied by an individual to “ComStat.uk” will not be used in a manner which is contrary to these principles. Data will be held in a secure manner, protected from unauthorised access and use and not be passed to a third party unless the positive assent is first obtained from any individual directly affected. “ComStat.uk” recognise the rights of an individual and will ensure they are fully complied with.

Backups charged at £75 to restore