Hosting Terms & Conditions
Our Website Hosting Terms and Conditions as at 4th August 2017
All Services are provided on an “as is, as available” basis.
We suggest that you thoroughly read and familiarise yourself with these terms and conditions to ensure you understand the terms and conditions of the agreement you are entering into with Kiwi Slice.
1.1 Kiwi Slice gives no warranty, express or implied, for the Product/Services, including any reimbursement for losses of income due to disruption of services by Kiwi Slice or its providers for any amount greater than the fees paid by the Customer to Kiwi Slice for the services. The Customer irrevocably, waives all right to claim reimbursements for lost business income as a result of interruptions to Product/Services provided by Kiwi Slice.
1.2 The Customer warrants to Kiwi Slice that they will use the Product/Services provided by Kiwi Slice in a manner consistent with the laws of United Kingdom and any local laws to which the Customer is subject in its use of the Internet. The Customer further indemnifies Kiwi Slice against all liability for the illegal use of the Internet and any criminal, civil or other sanctions which may result from the illegal use of the Internet in any and all jurisdictions in which Customer operates using Kiwi Slice or it’s suppliers Network in any way.
1.3 While we take all reasonable security precautions, the nature of telecommunications services means that we cannot guarantee the confidentiality of any transmissions you make using our Product/Services.
1.4 We may vary the Product/Service or price from time to time, or decide to stop providing a particular Product/Service without notice at any time.
Kiwi Slice retains the right to refuse service to anyone at any time for any reason.
2.1 The Customer is required to provide and regularly update Kiwi Slice with correct contact details for billing and technical notification purposes. Kiwi Slice accepts no liability for disruption to services due to inability to contact the Customer. It is the Customer’s responsibility to provide Kiwi Slice with a valid email address that allows emails from Kiwi Slice that can get through your spam filter, which is not at the domain(s) The Customer is signing up under.
3.1 If at any time Kiwi Slice has reasonable concerns about the customer’s creditworthiness, or its ability to comply with the terms of this agreement, then Kiwi Slice may require that the customer do one or more of the following:
(a) Bond: provide Kiwi Slice with an amount equal to two months’ estimated charges.
(b) Letter of credit: provide a letter of credit to Kiwi Slice from your bank.
(c) Guarantee: provide a guarantee in support of the customer’s obligations under this agreement in a form and from an entity approved by Kiwi Slice.
(d) Trade references: provide trade references from two creditors approved by Kiwi Slice, in which case the customer must pay, provide or deliver the relevant items to Kiwi Slice within 5 Business days of Kiwi Slice’s written request. Failure to pay, provide or deliver the relevant items to Kiwi Slice within that time constitutes a breach of this agreement.
Backups and Data Loss
4.1 While Kiwi Slice makes every reasonable effort to protect data stored in it’s Datacentre, Kiwi Slice accepts no liability for the Customer’s data residing on any equipment in any way. The Customer is solely responsible for maintaining backups.
4.2 The Customer agrees that a minimum charge of £250.00 may be applied per incident to restore The Customer’s data where possible.
4.3 The Customer agrees that the scope of Kiwi Slice’s backup and scheduling of backups shall be at its sole and exclusive discretion and that the Customer waives any legal right or objection in relation to Kiwi Slice’s decisions in relations to these matters.
4.4 The Customer agrees that Kiwi Slice shall not be held liable for the retention and / or restoration of any data held on its servers at any time.
5.1 This contract may be terminated by Kiwi Slice without cause, by giving the Customer written notice. This notice shall be delivered via email with the termination date set as the end of the Customers current billing cycle.
5.2 If the Customer pays annually and wishes to cancel the service before their next due date; In such case, Kiwi Slice shall not refund any monies for the remaining period.
5.3 Kiwi Slice may, at its sole discretion, cancel an account at any time if, in its opinion, the Customer has failed to abide by this contract or the Acceptable Use Policy or any other policy relating to Kiwi Slice’s operations and any future policy or change of policy which is determined as being necessary at the sole discretion of Kiwi Slice. In such case, Kiwi Slice shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and legal fees.
5.5 In such cases, if the service is cancelled without due notice by the Customer, Kiwi Slice is not responsible for saving or returning any data, files or directories.
5.6 Kiwi Slice will be entitled to payment for the balance of the month where less than the one month’s notice is given.
6.1 In relation to the use of a particular amount of bandwidth, the Customer agrees to abide by the Acceptable Use terms.
6.2 Kiwi Slice maintains control and ownership of all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses to the Customer’s service. If we need to make a change, we will give the customer at least 48 hours prior warning.
Retrieval of Access Information
7.1 The retrieval of access shall be conducted in the following manner. If the Customer loses their account access information, the Customer must email Kiwi Slice’s support staff to re-send the details to the email address Kiwi Slice has on record; and
Payments, Debt & Pricing
8.1 The terms of payment by the Customer to Kiwi Slice are:
(a) The Customer will be billed in advance from the date the service becomes active.
(b) All prices stated are in British Pound (£ GBP)
(c) All prices are subject to change with 14 days advance notice from Kiwi Slice. Prices may increase due to increased operating costs, for example: power, bandwidth and or administration costs, and at Kiwi Slice’s sole discretion.
(d) Kiwi Slice only accepts payment by Bank Transfer and Direct Debts
(e) If the Customer’s payment is not received for an invoice within seven days of the due date shown on the invoice, services may be suspended or even terminated (at the discretion of Kiwi Slice).
(f) A late payment fee of 11% per invoice will be applied to the Customer’s overdue invoice seven days after the date on which payment was first due.
8.2 If you are in arrears and past a due date by eight days, Kiwi Slice may hand the Customer’s accounts/records/logs and other information over to it’s debt collection agency and the Customer will be liable for all costs incurred in recovering the debt.
8.3 Kiwi Slice reserves the right to terminate this contract as a result of any late payment by the Customer, without notice.
8.4 If the Customer fails to make payments on time, Kiwi Slice may require the Customer to pay a deposit as a condition to keeping your account open.
9.1 The Customer agrees to indemnify, defend and hold Kiwi Slice and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable solicitor’s fees related to the Customer’s breach of this contract.
9.2 Notwithstanding anything else in the contract, Kiwi Slice shall not be liable to the Customer for loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the service or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
9.3 The Customer shall immediately indemnify Kiwi Slice against all proceedings, fees, expenses, payments, liabilities, injury, costs and damages arising out of:
(a) The breach by the Customer of any of its obligations under the contract; and
(b) Any express or implied warranties, representations, confirmations or acknowledgements that are given by the Customer which are untrue or misleading.
9.4 The Customer agrees that Kiwi Slice shall not be liable to the Customer for any force majeure event (unavoidable event) being any situation (other than a failure to pay money due to the other party) in which Kiwi Slice fails to comply with its obligations under the contract due to anything beyond its reasonable control.
9.5 The Customer agrees that Kiwi Slice shall not be liable to the Customer for loss arising from or in connection with any representations, agreements, statements or undertakings made prior to the date of execution of the contract other than those representations, agreements, statements or undertakings confirmed by a duly authorised representative of Kiwi Slice in writing or expressly incorporated or referred to in the contract.
9.6 This contract represents the entire understanding between Customer and Kiwi Slice, regarding the Customer’s website hosting and supersedes any prior statements or representations.
Warranties and Guarantees
10.1 Kiwi Slice gives no warranties in relation to any of the Product/Services content, goods or services provided through its websites. Kiwi Slice does not guarantee in any way the merchantability, quality or use of Products purchased through the site.
10.2 The Customer warrants that they are in possession of the following and that they waive any legal right to claim against Kiwi Slice in relation to loss of damage resulting from the absence of the following:
(a) An Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
(b) A fully functional Internet browser;
10.3 The Customer warrants that:
(a) The Customer has full power and authority to enter into and perform the contract;
(b) All information provided by the Customer to Kiwi Slice shall be complete, accurate and not misleading;
(c) The Customer will comply with all its duties under any data protection laws and regulations applicable to the Customer’s operations;
(d) The Customer’s performance of its obligations under the contract will not infringe the Intellectual Property Rights of Kiwi Slice or any third party; and
(e) None of the information or materials supplied by the Customer to Kiwi Slice shall be libellous, obscene or abusive nor shall it breach any law or regulation or give rise to any legal claims of any sort.
10.4 The Customer agrees that all conditions, warranties, representations or other terms concerning the supply of the Product/Services which might otherwise be implied or incorporated into the contract or any collateral contract, whether by statute, common law, custom or otherwise, are hereby expressly excluded to the fullest extent permitted by law.
10.5 The Customer should have their own insurance organised for their owned equipment stored or hosted at Kiwi Slice’s datacentre’s.
11.1 The Product/Services provided by Kiwi Slice is provided on an “as is”, “as available” basis. All warranties, express or implied, are disclaimed including but not limited to, any implied warranties of the merchantability and fitness for a particular purpose of Product/Services. The maximum liability of Kiwi Slice for the Product/Services, for any reason shall be limited to the amount paid by Customer for the particular items purchased and in the event of a regular supply of Product/Services, a sum equivalent to three month’s such supply. The Customer hereby accepts that the maximum liability of Kiwi Slice for any reason shall be limited to the cost of the web hosting services provided to the Customer by Kiwi Slice.
Kiwi Slice and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental or consequential damages including damages for loss of business, business profits, litigation judgments or the cost of legal fees whether based on any claim for breach of contract, breach of warranty, tort, negligence, product liability or any other claim which the Customer may raise against Kiwi Slice. This term is to subsist despite any advice from the Customer of the nature of damages proposed by the Customer or their legal representative. This clause is to be considered a material, fundamental and essential term of the bargain between the Customer and Kiwi Slice.
Acceptable Use Policy
12.1 It is Kiwi Slice’s intent to provide its customers with good quality services where reasonably possible.
Without prejudice to or derogation from any of its general rights of termination, as provided herein Kiwi Slice reserves the right to immediately terminate, without notice, any service provided to the Customer which violates this “Acceptable Use Policy”.
The Customer agrees they will not:-
(a) Undertake any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libellous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence.
(b) Violate the law of any foreign state or in particular the laws of the country in which Customer resides.
(c) Impersonate any person, entity or computer address, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar activity.
(d) Access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to negate the user authentication or security of any host, network, or account.
(e) Interfere with the computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to “crash” a host.
(f) Infringe any copyright, patent, trademark, trade secret or other intellectual property right registered in Great Britain, any other country or under an international agreement.
(g) Publish material which consists of any form of occult, illegal activities, racism and hate speech, violence, phishing, scams, plagiarism, hacking, stolen Internet content, Malware, Spam URL’s or other unacceptable content as determined in the sole and exclusive discretion of Kiwi Slice.
For the purposes of this clause, a “virus” is a computer program or a code or portion of a computer program which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up or otherwise create negative effects on a computer system. Kiwi Slice shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.
13.1 The Customer gives Kiwi Slice the right to immediately, and at the sole and exclusive discretion of Kiwi Slice, delete any file on the server systems or data network which is operating as a computer virus as defined at the discretion of Kiwi Slice. The Customer also waives any right to claim against Kiwi Slice in relation to damage caused by a computer virus transmitted though Kiwi Slice’s servers or data network. The Customer also undertakes to immediately notify Kiwi Slice of any file in existence on Kiwi Slice’s servers or data network which is potentially a threat to the integrity, security or value of Kiwi Slice’s servers and data network.
14.1 Kiwi Slice reserves the right to disclose information about the Customer requested for a lawful purpose by a third party organisation and without limiting the total scope of what Kiwi Slice will disclose. Kiwi Slice will disclose information in the following circumstances:
(a) Where Kiwi Slice is required to do so by law;
(b) For the purpose of the transfer of a business asset
(c) To enforce or apply its services and other contracts; or protect the rights, property or safety of Kiwi Slice, its users or others. This includes exchanging information with other companies and organisation’s for fraud protection and credit risk reduction;
14.2 From time to time, Kiwi Slice will collect information entered through our website, given by telephone or through electronic mail. For billing purposes, Kiwi Slice will also collect billing addresses. The Customer agrees to allow Kiwi Slice to collect and hold this information for relevant business purposes.
14.3 The Customer agree that Kiwi Slice may use personal information stored by Kiwi Slice in order to contact the Customer by electronic mail concerning the use of services and other promotional marketing material regarding Kiwi Slice’s business services, operations and Products.
14.4 The Customer waives any right it may have to claim against Kiwi Slice, in relation to any possible breach of privacy related legal obligations. Customer warrants that they will take all necessary steps to protect their personal information from unauthorised access, including but not limited to, signing off after the use of a publicly shared computer.
14.5 The Customer warrants that it will provide accurate, timely and the relevant information to Kiwi Slice in relation to any matters which Kiwi Slice may require for the purposes of updating information.
To the extent that any dispute should arise about the inconsistency of terms in relation to this contract, the Customer will submit to the discretion of Kiwi Slice to determine the interpretation of an inconsistency.
Definition of Terms:
For the purposes of these terms and conditions, the following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:
- "Kiwi Slice", "us", "we" and "our" means Kiwi Slice Limted;
- "Customer", "You" and "Your" means the party or parties who are authorized to make decisions regarding signing up/registering and understanding/accepting these terms and conditions – who utilise products and/or services provided by Kiwi Slice;
- "DNS" The Domain Name System (DNS) means a hierarchical naming system for computers, services, or any resource connected to the Internet or a private network. It associates various information with domain names assigned to each of the participants. Most importantly, it translates domain names meaningful to humans into the numerical (binary) identifiers associated with networking equipment for the purpose of locating and addressing these devices worldwide. An often-used analogy to explain the Domain Name System is that it serves as the “phone book” for the Internet by translating human-friendly computer hostnames into IP addresses;
- "IP", "IP Address(s)" means the Internet Protocol (IP) is a protocol used for communicating data across a packet-switched network using the Internet Protocol Suite, also referred to as TCP/IP;
- "WHOIS" means the query and response protocol widely used for querying domain databases in order to determine the registrant or assignees of Internet resources, such as a domain name, an IP Address block or an autonomous system number;
- "Network" means any IP Data going via our network, TCP or UDP, data transmission, digital transmission or digital communications is the physical transfer of data (a digital bit stream – is a time series of bits) over a point-to-point or point-to-multipoint communication channel. Examples of such channels are copper wires, optical fibres, wireless communication channels, and storage media. The data is represented as an electro-magnetic signal, such as an electrical voltage, radio wave, microwave or infra- red signal;
- "Servers", "Server" means a computer, sometimes called a web server, is a computer system that provides essential services across a IP network, to private users inside a large organization or to public Internet. Many servers have dedicated functionality such as web servers, print servers, file servers and database servers;
- "Incident" means occurring etc by chance in connection with something else an incidental occasion.