HTL Online Ltd ("HTL") specialises in the provision of Value Added Internet Services through the brands of HTLonline and HTL. In purchasing services from any, either or both of these brands, the client is contracting with HTL. The Terms and Conditions described herein are applicable to all services supplied through HTLonline or HTL, HTL has adopted a philosophy that assumes the honesty and good intent of subscribers. Services are provided in as unrestricted a manner as possible, to allow subscribers to have the richest Internet experience possible. These Terms and Conditions must be read in conjunction with our Acceptable Use Policy (AUP), which may be subject to change from time to time. It is the subscribers' responsibility to ensure that they comply with the latest edition of the AUP in force at any given time.
It is important you read these terms and conditions. In addition some of HTL's services have additional Terms and Conditions. Full copies of all Terms and conditions are available on request, or can be viewed on our website at http://www.htlonline.co.uk/htlonline/tsandcs/
(For clients with Shared and Dedicated Hosting Services, these terms take precedence over our General Terms)
HTL Online Ltd (HTL) Terms and Conditions described below defines the actions which HTL considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP's) and their users on behalf of HTL to advertise any service hosted by HTL or connected via the HTL Network. For abbreviation purposes, HTL Online Ltd will be referred as HTL and companies or individual account owners using our services as CLIENT.
HTL Terms and Conditions have been formulated with the following goals in mind:
Ensure security, reliability and privacy of HTL systems and network, and the networks and systems of others.
The Terms and Conditions below defines the actions which HTL considers to be abusive, and thus, strictly prohibited.
Clients may not use HTL' s network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Client, logging into a server or account the Client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.
Clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. mailbombing, or other deliberate attempts to overload or crash a host or network.
If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
HTL will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. HTL Online Ltd reserves the right to charge up to £250 per complaint to investigate.
Changes which are approved will be done on a prioritised basis by HTL Online Ltd technical staff. Expedited processing of a change order can be paid for by a client, but the changes remain property of HTL Online Ltd and may be given to other clients.
HTL Online Ltd has zero tolerance for spam originating from our clients, or from our clients' customers, or for spam advertising web sites of our clients or our clients' clients.
You refers to the HTL Online Ltd Client; we refers to HTL Online Ltd.
HTL Online Ltd has the right to charge £250 per complaint to investigate.
HTL Online Ltd does not deal with your clients or their clients etc.; We hold our clients responsible for dealing with spam from or about their section of the network.
If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from your network, but also that advertises sites hosted on your network.
If we get repeat complaints and it is clear that the problem has not been resolved, we may blackhole the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.
We reserve the right, to drop the section of IP space involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a client's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
What does this mean to me?
Why this Policy?
We at HTL Online Ltd feel strongly that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the mailboxes and newsgroups of both casual and heavy Internet users. If you host web sites, you must be particularly vigilant, as you and your other clients could be disconnected from the Internet due to one client's spamming.
Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for Dedicated Servers than for any other services we offer. HTL uses web reports for network traffic monitoring and reporting. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.
Clients are prohibited from transmitting on or through any of HTL' services, any material that is, in HTL' sole discretion, unlawful, obscene, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law.
HTL' s services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, invasion of privacy, pornography, obscenity, defamation or any other statute. HTL reserves the right to remove such illegal material from its servers.
The client is responsible for keeping their billing data with HTL up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of HTL's products and services is not permitted, unless specifically permitted and documented in a written agreement.
Important IP Disclosure: HTL Online Ltd Internet may assign client a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of HTL Online Ltd and are assigned as part of the services.
Furthermore, client acknowledges that use of IP addresses not allocated by HTL Online Ltd to client or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineer's hourly rate fee of £100 separate from any other service or incident fees prepaid by client.
Clients agree to supply appropriate payment for the services received from HTL, in advance of the time period during which such services are provided.
Clients agree that all setup fees are non-refundable once setup is completed.
Client is aware that if you are paying by credit card, prepayments will be billed and charged automatically, and that HTL may apply the amount due to the provided card at any time.
All invoices are sent to clients via postal mail.
Client understands and agrees that HTL shall not be responsible for any charges or expenses that client may incur resulting from overdrawing client's bank account or exceeding client's credit card limit as a result of an automatic or manual charge generated by HTL Online Ltd pursuant to this authority.
Returned cheques will incur an administrative fee of £35.
With all disconnection's, a £25.00 reinstatement fee will apply to reactivate the service(s) again.
If client's account is in default and their account is sent to collections, client will be responsible for any collections fees that may apply.
The minimum contract length for any of our Dedicated Server services is 12 months, for Network Access and Dedicated Server services, Client can change programs or services as many times with a £35.00 upgrade/downgrade fee and there may be a £150.00 upgrade/downgrade fee for Dedicated Server services.
HTL reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by HTL to client if HTL initiates its right of cancellation andclient is NOT in violation of these Terms and Conditions. If cancellation is caused by clients and/or its client's breach of the Terms and Conditions, then client agrees that no refund is due. Client understands that service(s) can be cancelled at any time effective the end of the 6 month contract.
Due to protection concerns, all account cancellations must be done in writing via UK mail or fax. Notifications of cancellation must include the company letterhead, account name, principal contact name with valid signature, last four digits of credit card number on file and reason for cancellation. Third party cancellations are not accepted.
Upon termination, either by HTL Online Ltd or Client, for any reason, Client is responsible for deleting his/her host registrations from domain registrar(s) within 10 business days. Client further agrees to pay HTL Online Ltd all reasonable administrative costs if HTL Online Ltd must intervene in deregistering the hosts.
(For clients for whom we design websites, these terms take precedence over our General Terms)
"Web Site Developer" shall means HTL Online Ltd.
"Client" shall mean The client as names in the order.
"Work Product" shall mean all HTML and/or ColdFusion files, graphics files, animation files, data files, technology, scripting and programming (in object code form), all documentation, and each and every deliverable developed by the Developer and delivered to the Client in accordance with the terms and conditions of this Agreement, excluding Client Properties.
"Client Properties" shall mean all text, pictures, sound, graphics, video and other data supplied by Client to the Web Site Developer./p>
"Developer Properties" shall mean the Work Product except for the Client Properties.
"Bug" shall mean a proven, reproducible malfunction of the Work Product logic.
The Web Site Developer will provide the web site design, development, programming and other consulting services ("Services") to create the "Work Product" (as defined herein), all as set forth in the Statement of Work, agreed to by the parties.
The Web Site Developer grants to the Client and the Client accepts a non-exclusive, non-sub-licensable, perpetual, worldwide license to publicly perform, publicly display and digitally perform the Work Product on the Internet.
The Client acknowledges that no title to the intellectual property in the Work Product is transferred to the Client. Title, ownership, rights, and intellectual property rights in and to the Work Product shall remain that of the Web Site Developer. The Work Product is protected by copyright and patent laws of the United Kingdom and international treaties.
As between the Web Site Developer and Client, the Web Site Developer will at all times be and remain the sole and exclusive owner of the Developer Properties, defined herein as any property, in any format used in or made part of the Work Product which is not provided by the Client or a Third Party. Except as expressly authorized in this Agreement, the Client will not copy, modify, distribute or transfer (by any means), display, sublicense, rent, reverse engineer, decompile or disassemble the Developer Properties.
The Client will at all times be and remain the sole and exclusive owner of Client Properties.
Except as otherwise set forth herein, nothing shall cause or imply any sale, license, or other transfer of proprietary rights of or in any third party software or products from one party to this Agreement to the other party.
The Client represents and warrants that the Client Properties will not knowingly: (a) violate any law or regulation, including, without limitation, the laws and regulations governing export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user's system or data or prevent the user from using same.
The Client further represents and warrants that (a) Client has all rights necessary for the production, distribution, exhibition and exploitation of the Client Properties as part of the Work Product consistent with the license granted in this Agreement; and (b) there is no outstanding contract, commitment or agreement to which Client is a party or legal impediment of any kind known to Client which conflicts this Agreement or might limit, restrict or impair the rights granted hereunder.
Both the Client and the Web Site Developer reserve the right to cancel the development of the Work Product at any time, providing that the requirements for the last completed Project Milestone as described in the Statement of Work was paid for in full by the Client, regardless of its level of completion.
This Agreement will be governed by and construed in accordance with UK law. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
(For clients with Colocation Services, these terms take precedence over our General Terms)
HTLonline and HTL are trading names of HTL Online Ltd
Agreement shall mean this Service Agreement, Service Schedule and any other documents expressly incorporated herein.
Client shall mean the party entering into this Agreement.
Content: shall mean the audio, video, film, slides or other images or text (digital or otherwise) either provided to HTL by Client for HTL's performance of the Services or transmitted through the Service Providers network.
Service Schedule shall mean the Service Schedule, which sets forth a description, and the cost, of specific Goods and/or Service to be performed, or provided, by HTL and its partners. Separate Service Schedules may be executed for different Goods and/or Service.
Goods: Any products, including hardware, firmware or software licenses sold, licensed or otherwise provided to Client.
Service: shall mean the services provided by HTL and its partners pursuant to this Agreement.
Service Provider: Shall mean the combination of HTL and its 3rd Party Partners who together provide the service. A list of HTL's Partners is available on request.
This Agreement is a services agreement and is not intended to and will not constitute a lease of any real or personal property. Client acknowledges and agrees that i) subject to the continuation of The Service Provider's right to occupy the real property, it is hereby granted a limited license to occupy the Client server(s) and use any Service Providers facility and any equipment provided to Client in accordance with this Agreement, (ii) Client has not been granted any real property interest in any space within any Service Providers facility, and (iii) Client has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations, or ordinances. In its sole discretion HTL may suspend the right of any Client representative or other person to visit any Service Provider facility.
The Client acknowledges and agrees that HTL's obligation to perform under this Agreement and any exhibits maybe conditional upon the construction and/or retention of operational facilities. Facilities availability increase on an ongoing basis. If the foregoing conditions are not satisfied on the applicable effective date, the parties obligations under this Agreement and any Exhibits and the payment of monthly fees shall be suspended until such conditions are satisfied.
(For clients with Colocation Services, these terms take precedence over our General Terms)
The "Services" means the service whereby the Client will be offered the use of the Software to securely backup and retrieve their data on-line via any tcp/ip connection to the Online Backup storage platform, where such backed up data will be stored. The Online Backup storage platform is hosted in a secure environment.
The Client can then select and schedule their backup set. The Client can restore their data whilst online. After the initial backup, incremental backups are done for a two calendar month period. At the end of that period, the oldest month is consolidated into a single backup volume, with the last version of all files selected at the end of that month, until a further month has elapsed, when the cycle is repeated. Clients of the service are able to access specific backups up to the month end consolidation allowing restores to be effected from any point within the cyclic one to three month window.
The volume of data held on the Storage Platform, including all the daily changes and the month end consolidation is, on average, equivalent to the Allocated Limit of Data Storage (as shown within the Limit Column of the Monitor Console). Should the volume of data, for any one account, stored on the Storage Platform exceed the Allocated Limit of Data Storage set for that account by more than 20%, then HTL reserves the right to suspend that account or to charge for the quantity of data that exceeds the Allocated Limit of Data Storage set for that account.
IMPORTANT: The Client will be provided with the client application. The Client will then be required to provide name, password and encryption key. This encryption key will not be stored by the system. Accordingly, if the Client loses this information, the data cannot be recovered.SERVICE LEVEL AGREEMENT
This Service Level Agreement (SLA) forms part of the HTL online service agreement (HTLOSA) between HTL and the client and is subject to all terms of that agreement. The scope of this SLA is the delivery of HTL Online Backup (as further defined as the SLA relating to the software defined below) only when the server platform and hosting thereof is managed by HTL. In addition, unless inconsistent with the context, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
|"HTL"||HTL Online Ltd.|
|"Queries"||All reports of software or service faults, queries, requests for service or any other enquiries from Client and Client Clients in relation to the software and its operation.|
|"Business Day"||Any day within the year, excluding weekends (Saturday, Sunday) and public holidays.|
|"HTL Online Backup"||The backup service for Servers, Desktops and Laptops.|
|"terms of that agreement"||
Attix5 Backup Professional Server Edition (SE)
2.1 Service Level Targets
HTL will use all reasonable efforts to ensure that the HTL Online Backup is available as detailed in the table below:
Minimum HTL Online Backup availability per month
The HTL Online Backup service will be deemed unavailable if it cannot be reached from the Hosting Centre Infrastructure (*excludes down time for operating systems patches and updates).
The HTL Online Backup service shall not be deemed unavailable (without limitation) in the event of any of the following:
HTL will use all reasonable efforts to ensure that a failure of either the main, or mirror site, is recovered as detailed in the table below:
Recovery time to re-establish full functionality and capacity at either the main or mirror site in the event of failure
3 Business Days
2.2 Service Level Credits
If HTL fails to achieve the Service Level Targets specified for the HTL Online Backup Service above, and if Client requests HTL to do so within five (5) Business Days after the target is not met, HTL will issue to the Client credit rebates detailed in the table below:
Performance against target service levels will be reviewed and agreed on a quarterly basis by HTL and Client account management.
HTL Online Backup -Service availability in a given Month
Rebate (% of monthly recurring charge)
Less than 99% and greater than or equal to 98.0%
Less than 98.0% and greater than or equal to 95.0%
Less than 95.0%
The monthly recurring charges used to calculate the HTL Online Backup Service credits will be the total monthly recurring charges (MRCs) relating to for the affected HTL Online Backup Service.
The credits will be paid as discounts to the MRCs for the month following HTL's approval of the Client's credit request.
3.1. The Attix5 and Asigra system will send error reports to the person responsible for this service, if further action is needed a service request will need to be lodged with HTL. We recommend you use our proactive warning service which needs to be ordered separately.
4.1 Attix5 and Asigra Agent Software Bugs Fixes
In the event that a Client identifies, or suspects, a bug or non conformance in the Attix5 and Asigra Backup Agent Software, this is to be reported to HTL via email.
HTL will work with the Client to confirm that non availability of the service is due to a bug or non conformance. HTL will use all best endeavours to rectify any bug or non conformance of the software and provide an upgrade/patched version of the software within a reasonable time period.
In the event that the existence of a bug within the Attix5 and Asigra Agent is confirmed then HTL will notify the Client's technical contacts by e-mail within 48 hours stating the nature of the bug, or non conformance, platforms affected, any actions which should be taken by the Client, and estimated time to rectify the bug or non conformance.
HTL's obligations, in terms of the agreement and the Service Level Agreement, to resolve queries, shall be performed remotely via the Internet.
If HTL is prevented from carrying out any of its service level undertakings as a result of an act of God, strikes, fire, riot, war (whether declared or not), embargoes, export control, international restrictions, shortage of transport facilities, any order of any international authority, any court order, any requirements of any authority or other competent local authority, or any other circumstances whatsoever which are not within the reasonable control of HTL, then HTL will be deemed to have been relieved of the performance of these service level under takings to the extent that and for so long as it is so prevented from performing, this agreement will be deemed to have been suspended to such extent and for the period concerned. HTL shall in addition, not be liable for any loss, liability, damages (whether direct, indirect or consequential) or expense of whatsoever nature that howsoever arising where HTL's failure to meet the service level or otherwise perform any of the services.
TERMS AND CONDITIONS
"HTL" "we" "us" means HTL Online Ltd Ltd. "you" means the Client who is the subject of the HTL Services Agreement ("TSA"). "the Software" means all or any computer programs sold or leased by HTL to you, whether such programs are produced by HTL, or are sold or leased as distributor or agent of a third party whether by licence or through the public domain. "The Internet" means the worldwide collection of equipment and systems that include but is not restricted to access to items of service ("the Internet Service"). "The Services" means the HTL Online Backup Managed Solution as outlined in the Description of Services above and specified in the TSA.
When the Services are operational, and connected to the Internet Service, we shall make all reasonable efforts to ensure that the Services are maintained and are fully available to you 24 hours x 365 days per year. Notwithstanding the foregoing, in the event that in any calendar month following commencement of the Services, we are unable to provide 99% connectivity to the Internet (calculated on a 24 hour basis) (hereinafter "the Failure") you shall be entitled to Service Credits as per the HTL Online Backup Service Level Agreement .
Save as appears below, the charges set out on the TSA are non-refundable and for a minimum period of twelve (12) months from the date of your signature to the TSA. Thereafter the charges may be reviewed on an annual basis. You must pay in advance either quarterly or annually as specified in the TSA. Unless otherwise stated, all charges are exclusive of VAT. Where any payment from you remains due and unpaid we will be entitled to charge interest at 4% above HSBC Bank plc base rate for the time being accrued daily. You may not withhold payment for the Services by reason of any outstanding claim under this or any other agreement with us.
All payments are non-refundable and non-returnable. You agree to pay us on presentation of our invoice. Any delay in payment will entitle us at our sole election to suspend the service and/or to apply liquidated damages. Save as allowed by law, payment due for services provided shall not be withheld on grounds that any claim is outstanding.
RESTRICTION OF LIABILITY
You hereby confirm that you have not relied upon any representation made by us or on our behalf which has induced you to enter into this agreement except as is provided herein. If we delay or fail to perform our obligations under this agreement our maximum liability is limited to the amount already paid by you under this agreement for the Services (excluding VAT or other tax and the cost of any equipment provided under this agreement and which shall be owned or controlled by you). Subject to this we shall not be liable to you for any claims loss damage (including consequential loss or damage) of whatsoever nature and howsoever caused except as is provided by statute. Except for the terms of this agreement (or required by law) no other conditions warranties terms representations and undertakings apply. If we are prevented from providing the Services for any reason beyond our reasonable control, we may suspend or delay delivery of the Services and shall not be held responsible or liable to you for our inability to deliver them. We cannot guarantee the proper delivery of any e: mail message or other data item once it has left the confines of our network, and similarly we cannot guarantee that data traffic will be delivered or that its contents will be held secure once it passes from our control.
UNLAWFUL USE OF THE SERVICE
You warrant and undertake that neither you nor any person authorised by you will knowingly publish or transmit over the Internet nor store on the HTL Online Backup Storage Platform any material that is obscene, threatening, defamatory or likely to cause offence or which in any way infringes the intellectual property rights of another party. You hereby agree to indemnify and hold us harmless from any and all demands losses claims proceedings damages costs and expenses including legal fees arising out of any claim against us in relation to such materials.
This Agreement shall commence on the Services Commencement Date and shall, subject to the other provisions hereof, continue for a minimum period of twelve (12) months ("initial period"), whereafter it shall be automatically renewed for a further twelve (12) months unless notice of termination in writing is given by either you or us not less than ninety (90) days prior to the end of any twelve (12) month period.
We reserve the right to terminate this Agreement at any time if you become the subject of a receivership winding up administration or bankruptcy order (or a petition is presented in respect of any of these) or if it otherwise appears to us that you are insolvent and unable to pay your debts as they fall due. We shall also be entitled to terminate this Agreement in the event that you commit a material breach of this Agreement and fail to remedy the same within 30 days of receipt of written notice from us. Any termination shall be without prejudice to our other rights or to your liability for amounts payable under this agreement.
This agreement contains all the terms agreed between us and supersedes any previous communications representations or agreement by either of us including any terms and conditions on your order. No modification of this agreement will be accepted unless made in writing and signed by one of HTL's Directors. Until we acknowledge acceptance of the deposit/advance payments requested in the TSA we will not be bound by the TSA. Our acceptance will form a contract subject only to these Terms and Conditions.
We may assign our rights and obligations under this agreement. You may only assign your rights without further payment only with our written consent (not to be unreasonably withheld) where the assignment is to a parent affiliate or subsidiary corporation purchasing all or substantially all your assets or where you merge with another corporate entity or partnership providing in each case the proposed assignee is not in our reasonable opinion a competitor.
The waiver by either party of any breach of these Terms and Conditions will not prevent the subsequent enforcement thereof and shall not be deemed a waiver of any subsequent breach. If any part of this agreement is adjudged by a court of competent jurisdiction to be invalid such judgment shall not affect the remainder of this agreement which shall remain in full force and effect. Notices may be given by facsimile, first class mail or by delivery to the address shown on the TSA or any other address specifically in writing for the purpose of the TSA. English Law shall govern this agreement and the forum for settling any dispute shall be the English Court.
(to be read in conjunction with HTL's Terms and Conditions)
"HTL" means HTL Online Ltd
We have created this Acceptable Use Policy (AUP) to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that as an ISP, we comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.
It is the responsibility of all HTL clients to ensure that they comply with the latest edition of the AUP at any given time.
It is an offence under UK law to transmit, receive or store certain types of files. You may not use our services to engage in activities, or store, transfer to receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Telecommunications Act 1984, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.
It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. You are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. HTL will cooperate with any agency or rights holder wishing to assert their rights in these matters and HTL reserve the right to withdraw service under such circumstances.
The Data Protection Act 1998 imposes numerous duties on users who process personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Users who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner. Under the Electronic Commerce (EC Directive) Regulations 2002, we, as an ISP, are in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly if we become aware of credible evidence that you have carried out any unlawful acts we will take preventative measures to bring those acts to an end.
Our service warranties and the extent of our liability are explained fully in our Terms and Conditions. By connecting to the HTL network, you agree to hold HTL harmless in the event of any legal claim regarding our services.
Login names and passwords must be kept secret and not be communicated to any third party. HTL must be notified immediately if they are compromised. Please keep a note of your passwords. If you forget or lose any password, you will need to contact support to have it changed. HTL will not guarantee the security or confidentiality of any data transmitted over our network. Where security or confidentiality is required, the customer must provide their own end-to-end security mechanism.
Standard dialup accounts are for a single user only. Users may only have one dial up connection per account at any one time. You may not transfer or give out your connection details for others to use. You are responsible for all traffic that is sent from your connection. It is therefore your responsibility to ensure that all software on your side of the connection is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.
If we find malicious traffic emanating from your connection, we have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases,this will involve disconnecting and suspending the account until the issue has been resolved. We understand that in many cases, you may not be responsible for or aware of the problem, we will work with you to resolve the issue as efficiently as possible to restore normal service.
Messaging services covers any transaction involving software that transmits messages from one user to another, such as email, IRC, instant messaging or Usenet. Users may not abuse, or make physical threats against, another person via any type of messaging service, or any other electronic media/service we provide.
Users must abide by the policies of any messaging or IRC networks they use. We will co-operate with the administrators of such networks to identify abusive users and restrict their access. Users are reminded that harassment, threatening or slanderous behaviour is prosecutable under UK law. Users may not forge the sender address of any messages to appear to be from someone they are not. e-mail Users may not use our services to send unsolicited commercial e-mail (UCE, also known as 'Spam'). HTL will block the mail services of any customer found to be sending such mail. Users may not have "open mail relays". HTL will close the relay or connection of any customer found with an open mail relay. Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.
HTL reserve the right to remove any mail older than 60 days from the server. It is the customer's responsibility to ensure that mail is regularly collected and removed from HTL's POP3 servers. HTL h3ly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, HTL reserve the right to remove older mails from the mailbox to reduce its size. 1/09/04/RI HTL Acceptable Use Policy – Legal Document
Users may not "spam" or flood the Usenet with a single post to a large number of newsgroups which are not related to the topic of your article. When using newsgroups, subscribers must comply with the globally accepted Usenet Acceptable use policy. A good place to refer to is Usenet.org.HTL reserve the right to cancel any message posted to a news group if it is deemed to be of an unsuitable nature.
By uploading to a HTL web server, the customer will be deemed to have accepted and agreed to the relevant Terms and Conditions of use. You will be responsible for the content of your site, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. HTL reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.
HTL reserve the right to suspend any or all of a site, if it is deemed to be causing excessive load or traffic, is adversely affecting the performance of other sites on the server, or is being abused by an external entity. It is the customer's responsibility to ensure that their scripts are not vulnerable to these problems. The customer agrees not to advertise their Website via unsolicited commercial e-mail. HTL reserve the right to suspend a site which has been 'spamvertised' at any time. HTL do not set hard quotas (a quota is the amount of Web space you have allocated) on commercial Web space. If you go over quota, your Website will continue to work, but you will be notified. It is your responsibility to ensure your quota exceeds your usage at all times. You may upgrade your quota at any time by contacting your account manager. If a site is excessively over quota, HTL reserve the right to suspend the site.
Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your site. HTL reserve the right to suspend any sites containing such material. You must be careful when using peer to peer networking software to ensure that you do not download or transfer material which you do not have the right to download or transfer Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on your behalf. HTL must be notified immediately if they are compromised. If someone were to gain access to your account password, they could tamper with files held on your site.
Technical Support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page design. The customer is ultimately responsible for ensuring that their site is suitably backed-up. HTL takes backups of the commercial servers for disaster recovery purposes only. If the account is suspended for any reason, such as non-payment, access to the site, both for viewing and uploading, may also be suspended.
On closing an account, the relevant data on this Web space will be deleted.
Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic. It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation. Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).
Users may not mount an attack, by whatever means, against our system, or any other systems. Users may not run unauthorised mailing lists from, or through any of our machines, or mail servers. Any IP addresses assigned to customers are owned by HTL. When using quota-based service, it is your responsibility to remain within your usage quota. HTL reserve the right to delete files for over-quota users if disk space is affecting the normal running of the server.
Technical Support exists for the benefit of HTL customers, providing support for questions relating directly to our services.
Technical support is here to provide the best service possible to our customers, but can, at times, be stretched by having to answer unnecessary calls. When contacting Technical Support, please ensure that you have all relevant details to hand, including details of any specific error messages encountered. Please help us to help you.
(For resellers of Postini Anti Spam solution these terms take precedence over our General Terms)
This Services Contract, which includes the Exhibits included hereto and the Services Quotation, (the "Contract"), is made between HTL Online Ltd ("HTL Online") a company incorporated under the laws of England and Wales with registered number 06765598 whose principle place of business is 40 Beaufort Court, Admirals Way, London, E14 9XL ("Provider") and Customer as defined in 1. of the Reseller Agreement ("Customer").Headings are for convenience only and shall be ignored in interpreting this Contract.
HTL Online will provide, or will procure the provision of, the services specified in the Services Quotation, as more fully described in the Services Description attached to this Contract as Exhibit A (the "Services"), to Customer. Within three (3) business days of the date on which this Contract is signed by both parties, HTL Online will send, or procure the sending of, an email to Customer that will specify the process for activating Customer's account and will provide access to the Services by issuing to Customer an activation key ("Provisioning"). Customer acknowledges that the Services may be modified by HTL Online and/or its licensors or suppliers, which modification will be provided to Customer at no additional cost and with the objective of providing Customer with equal or enhanced Services.
The Customer shall pay the full amount invoiced to it by within fourteen (14) days of the date of the invoice, free and clear of all bank deductions, and without any reduction for any and all taxes. HTL Online reserves the right to charge and Customer agrees to pay interest compounded daily at the annual rate of 5% over the prevailing base lending rate from time to time of HTL Online's principal bankers and/or terminate the Service due to late payment.
The initial terms of this contract shall be twelve (12) calendar months ("Minimum Period") (the "Term") from the Effective Date. Either Party may terminate this agreement at any time during Trial Period or, after the Trial Period, by giving 3 months written notice. Termination after the Trial Period may not occur before the expiry of the Minimum Period the Trial Period. At the end of the initial Term, this Contract shall be renewed automatically for consecutive renewal Terms of twelve (12) months, unless terminated by the either party by providing the other party written notice at least one (1) month prior to the end of the applicable Term, delivered in accordance with Section 18, "Notices". HTL Online may revise its rates (including, but not limited to, the fee per Mailbox/Unit) with forty (30) days prior written notice to Customer, and such new rates will be effective for the following Term.
During the term of this Contract, Customer shall have the following obligations, in addition to those set forth elsewhere in this Contract.
HTL Online's licensors and/or suppliers own all worldwide right, title and interest in and to the Services, including all intellectual property rights therein. Nothing in this Agreement or otherwise will be deemed to grant to Customer any right, title or interest in or to the same, in whole or in part.
This Contract may not, in whole or in part, be assigned, transferred, novated, sub-contracted or sub-licensed by either party without the prior written consent of the other (not to be unreasonably withheld or delayed), except that either party may, in whole, assign, transfer, novate, sub-contract or sub-license this Contract upon prior written notice to the other (i) to a wholly-owned subsidiary, (ii) to a parent, (iii) to a subsidiary of a parent or (iv) to an assignee or purchaser of all or substantially all of the party's assets or business involved in the performance of this Contract.
The construction, validity and performance of this Contract shall be governed by the English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
If for any reason a court of competent jurisdiction finds any provision of this Contract invalid or unenforceable, that provision of the Contract will be enforced to the maximum extent permissible at law and the other provisions of this Contract will remain in full force and effect.
The rights and obligations of HTL Online and Customer contained in this Section and in Section 8, "Confidentiality," Section 9, "Indemnity," and Section 10, "Limitation of Liability," shall survive any expiration or termination of this Contract.
The waiver by either party of any default or breach of this Contract shall not constitute a waiver of any other or subsequent default or breach.
Modifications and amendments to this Contract shall be invalid, unless made in writing that is signed by duly authorized officers of each party hereto.
HTL Online shall not be liable for any failure or delay in its performance under this Contract due to causes beyond its reasonable control including, without limitation, Domain Name Server ("DNS") issues outside the direct control of HTL Online, labor strikes or shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages.
All notices required to be sent under this Contract must be in writing and shall be delivered in person or shall be sent to Customer and to HTL Online at the address set forth in the introductory paragraph of this Contract or such other address as may be specified by either party to the other in accordance with this Section 18. Notices shall be deemed to have been given upon (i) the date actually delivered in person, (ii) the date transmitted via fax with confirmation of receipt thereof (iii) the day after the date sent by overnight courier or (iv) three (3) days following the date such notice was mailed by first class mail. Notices may be confirmed by email or fax.
This Contract may be executed in one or more counterparts including facsimile copies, which when and taken together upon proper delivery shall constitute a single instrument.
Except as expressly set forth in this Contract, the exercise by either party of any of its remedies under this Contract will be without prejudice to its other remedies under this Contract or otherwise available at law.
The parties to this Contract are independent contractors and this Contract will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Customer acknowledges that it has no contractual relationship with any licensor or supplier of HTL Online.
This Contract, which includes the Services Quotation and the exhibits hereto, contains all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Contract except as expressly stated in this Contract. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Contract (unless such untrue statement was made fraudulently or was as to a fundamental matter including as to a matter fundamental to the other party's ability to perform its obligations under this Contract) and that party's only remedies shall be for breach of contract as provided in this Contract. Misrepresentations as to fundamental matters shall be subject to the terms of Section 10.
HTL Online's licensors and/or suppliers have third party rights under this Contract. Subject to the foregoing, no other person other than a party to this Contract shall be entitled to enforce any term of it save that where an agreement, in accordance with Section 11 above, is entered into pursuant to which any rights and/or obligations contained in this Contract are permissibly assigned or novated to a third party, nothing in this clause shall, of itself, operate to prevent the assignee from taking the benefit of, and enforcing, any rights so assign
If the Services in an Order contain archiving functionality, End User Messages shall be retained for up to the period set forth in the applicable Order (in the Services name), provided that Customer renews the applicable Services in the Order with Provider for each year of such retention period. The retention period shall apply to all data archived under the Services for the applicable Order. Failure to renew the applicable Services during the retention period shall terminate Provider's obligation to retain any of End User's data or indexes for the applicable End User Order.
EXHIBIT A – PERIMETER MANAGER SERVICES DESCRIPTION
Summary of Enterprise Edition Services: Provider (being HTL Online) will provide, or procure the provision of, to Customer those services that are selected by Customer in the Services Quotation:
Description of Components of Enterprise Edition Services: Included below are descriptions of each of the services specified above in the Summary of Enterprise Edition Services.Spam Filtering
EXHIBIT B – SERVICE LEVEL AGREEMENT
Service Level Agreement
During the term of the Agreement, Provider shall provide the following Service Level Agreements to Customer (each an "SLA"). The following provisions shall apply to each SLA:
99.999% Email Processing Availability
Portion of Monthly Email Services Fee Credit
< 99.999% - = 99.9%
< 99.9% - = 99.0%
100% Anti-Virus Filtering
Remedy. If Customer experiences 1 or more Infections in a calendar month, and if Customer has fulfilled all of its obligations under the Agreement and this SLA, Customer shall have the following sole and exclusive remedy: Provider shall credit Customer in an amount equal to 100% of the monthly charge due from Customer (on a per Customer End User basis) for its Anti-Virus protection services (which is currently equal to 33% of the monthly charge for the Email Services). Only 1 claim per calendar month may be made under this SLA. If Customer experiences 3 or more separate Virus Infections in a consecutive 30 day period, Customer may terminate the applicable Order with 30 days written notice.
Exceptions. In the event that Provider detects but does not stop an email infected with a Virus that is filtered by the Email Services, Provider will promptly notify the Customer and provide sufficient information to enable the Customer to identify and delete the Virus-infected email. If such a notification results in the prevention of an Infection, Customer shall not be eligible for the remedy set forth in this SLA.
60 Seconds or Fewer of Email Latency
Service Level Agreement. The Email Services will not add more than 60 seconds of latency to the delivery of Customer's emails that are subject to the Email Services ("Latency"). For purposes of this SLA, Latency will be measured based on Provider's supplier's test results from its internal test nodes of email that is not unsolicited commercial email "Junk Email") and that is not infected with a Virus in a closed loop test for a static size and static flow rate of email messages.
Remedy. If it is determined that the Email Services have added more than 60 seconds of Latency to the delivery of Customer's emails ("Excess Latency"), and if Customer has fulfilled all of its obligations under the Agreement and this SLA, Customer shall have the following sole and exclusive remedy: Provider will provide Customer with a pro-rata credit (on a per Customer End User basis) on the fee due from Customer for the month in which the Excess Latency occurred. The pro-rata credit shall be in an amount set forth in the table below corresponding to the maximum amount of Latency resulting from its internal testing of Latency:
Latency in Seconds
Portion of Monthly Email Services Fee Credit
> 60 - = 140
> 140 - = 220
> 220 - = 300
If Customer experiences 1 or more instances of Excess Latency in each of 3 consecutive calendar months and/or 3 or more instances of Excess Latency in a consecutive 30 day period, Customer may terminate the applicable Order with 30 days written notice.
No Throughput Guarantee. Customer agrees and acknowledges that Provider does not guarantee the delivery throughput for each of Customer's emails that are subject to the Email Services because such delivery throughput is Page A-6 European Services Description (EE) based on variables outside of Provider's control, including the performance of the sender's mail server and network and the performance of the Customer's mail server and network.
98% Junk Email Catch Rate
Service Level Agreement. The Email Services will capture at least 98% of all Junk Email sent to each End User that is subject to the Email Services in a given month. The "Junk Email Capture Rate" is calculated by taking the total number of emails sent to an End User subject to the Email Services during a given month that are identified and treated as Junk Email by the Email Services ("Total Captured Junk Email in a Month"), and dividing that amount by the sum of (i) the Total Captured Junk Email in a Month and (ii) all Junk Email in a month subject to the Email Services that is not identified and treated as Junk Email by the Email Services, as reported to Provider by Customer for End User.
Conditions. The following conditions must be satisfied by Customer to be eligible to receive the remedy specified in this SLA: a. Customer and each of its End Users must have set their Junk Email capture settings at such levels as are recommended by Provider as set forth in the Provider Email Protection Service Administration Guide. b. Junk Email shall not include email that is received from a sender or sender's domain specified on any approved list set by Customer or its Resellers or End Users.
Remedy. If Customer's Junk Email Capture Rate is below 98% for a given month, and if Customer has fulfilled all of its obligations under the Agreement and this SLA, Customer shall have the following sole and exclusive remedy: Provider will provide Customer with a pro-rata credit (on a per Customer End User basis) on the fee due from Customer for the Junk-Email services (which is currently equal to 50% of the monthly charge for the Email Services) for the month in which the Junk Email Capture Rate is below 98% as set forth in the table below:
Junk Email Capture Rate
Portion of Monthly Junk Email Services Fee Credit
= 97% - < 98%
= 96% - < 97%
= 95% - < 96%
0.0003% False Positive Rate
Service Level Agreement. The Email Services will quarantine as a False Positive (as defined below) no more than 0.0003% of email sent to Customer that is subject to the Email Services in a given month. A "False Positive" means an email that is quarantined by the Email Services and that meets the following criteria: (i) it is a legitimate business email and does not contain a Virus; (ii) it contains fewer than 10 recipients; (iii) at least 80% of the text contents of the email is in English; (iv) it is not sent from a sender or domain which is on the blocked list for the Customer or its Resellers or End Users; (v) it is not sent by a compromised machine (e.g., infected or zombie); (vi) it is not sent from a sender on any third party real-time blacklist or Spamhaus block list; and (vii) it does not contain profanity or sexually explicit language. The "False Positive Rate" is calculated by taking the number of False Positive emails received by Customer applicable to and End User during a given month and dividing that figure by the total number of emails received by an applicable End User subject to the Email Services during a given month (the "Total Emails in a Month").
Conditions. The following conditions must be satisfied by Customer to be eligible to receive the remedy specified in this SLA:
Remedy. If Customer's False Positive Rate is above 0.0003% for a given month, and if Customer has fulfilled all of its obligations under the Agreement and this SLA, Customer shall have the following sole and exclusive remedy: Provider will provide Customer with a pro-rata credit (on a per Customer End User basis) on the Email Services fee due from Customer for the month in which the False Positive Rate is above 0.0003% as set forth in the table below:
False Positive Rate
Portion of Monthly Email Services Fee Credit
> 0.0003% - = 0.003%
> 0.003% - = 0.03%
> 0.03% - = 0.3%
0% Person to Person False Positive Rate
Service Level Agreement. The Email Services will not quarantine any email sent to Customer that is subject to the Email Services that is a Person to Person Email (as defined below) in a given month. A "Person to Person Email" shall mean an email that is subject to the Email Services and that meets the following criteria: (i) it is a legitimate business email and does not contain a Virus; (ii) it is sent by one sender to one recipient; (iii) at least 80% of the text contents of the email is in English; (iv) it is not sent from a sender or domain which is on the blocked list for the Customer or its Resellers or End Users; (v) it is not sent by a compromised machine (e.g., infected or zombie); (vi) it is not sent from a sender on any third party real-time blacklist or Spamhaus block list; and (vii) it does not contain profanity or sexually explicit language.
Conditions. The following conditions must be satisfied by Customer to be eligible to receive the remedy specified in this SLA: a. Customer and each of its Resellers and End Users must have set their Junk Email capture settings at such levels as are recommended by Provider as set forth in the Support Portal. b. Customer must have any applicable Industry Heuristics turned on in its Administrative Console.
Remedy. If the Email Services quarantine a Person to Person Email, and if Customer has fulfilled all of its obligations under the Agreement and this SLA, Customer shall have the following sole and exclusive remedy: Customer may terminate the applicable Order upon 30 days prior written notice.
100% Delivery Assurance
Service Level Agreement. The Email Services will deliver 100% of all email sent by or to Customer that are subject to the Email Services and that have been received by the Provider platform.
Conditions. The following conditions must be satisfied by Customer to be eligible to receive the remedy specified in this SLA:
Remedy. If the Email Services fail to deliver an email sent by or to Customer that are subject to the Email Services and that have been received by the Provider platform, and if Customer has fulfilled all of its obligations under the Agreement and this SLA, Customer shall have the following sole and exclusive remedy: Customer may terminate the applicable Order upon 30 days prior written notice.
Real-Time Management Control
Service Level Agreement. Changes by Customer to its Provider Administration Console configuration ("Configuration Change") will be reflected in the Customer's production platform within 30 seconds of the time the Customer has made such change. Any change that takes longer than 30 seconds to be reflected in Customer's production platform shall be deemed a "Configuration Change Delay".
Conditions. The following conditions must be satisfied by Customer to be eligible to receive the remedy specified in this SLA:
Remedy. In the event of a Configuration Change Delay, and if Customer has fulfilled all of its obligations under the Agreement and this SLA, Customer shall have the following sole and exclusive remedy: Customer may terminate the applicable Order upon 30 days prior written notice.
(For clients with Private, EFM, Optic Fibre, or Leased, Wired of Wireless Circuits, these terms take precedence over our General Terms)
These Specific Terms and Conditions of Supply are to be read in conjunction with our General Terms and Conditions of Business. All definitions contained within these Specific Terms and Conditions have the same meaning as those set out in the General Terms and Conditions of Business unless specified below in which case they will have the meaning specified below;
"Customer Order Form" means the order form for the supply by the Company of the Equipment and/or Services, completed by, or in accordance with an order from, the Customer;
"Minimum Cancellation Notice Period" means the minimum period of notice that a Customer must give the Company to terminate a specific Service or this Agreement, as set out in Clause 8;
"Private WAN Circuit" or "Private WAN Wireless Ethernets Service" means the point to point circuit service described in the Company's literature at the date of completion of the Customer Order Form;
"Wireless Ethernet" means the Telecommunications Circuit provided for the Wireless Ethernet Service;
"Leased Line" means the Telecommunications Circuit provided for the Ethernet Service;
"Diverse" means the Telecommunications Circuit provided for the Wireless Ethernet Service;
"Flex" means the Telecommunications Circuit provided for the Wireless Ethernet Service;
"Wireless Ethernet Service(s)" or "Service" means the provision of one of the following Wireless Ethernets (i) Access, (ii) Ethernet, or (iii) Private WAN Wireless Ethernet Service as specified on the Customer Order Form, and described in the Company's literature at the date of completion of the Customer Order Form;
"Ethernet" means the Ethernet service described in the Company's literature at the date of completion of the Customer Order Form;
"Service Level Agreement" or "SLA" means the service level agreement relating to the Wireless Ethernet and Leased Line Service that describes the service levels to be met together with the remedies available to the Customer for failure to meet such service levels;
"Service Period" means the period of an individual Service provided in accordance with this Agreement;
"Telecommunications Circuit" means a circuit that allows that transmission of TCP/IP data;
2.1 HTLonline Ltd shall provide the Service at the data transfer speed stated on the Customer Order Form subject to the terms of this Agreement.
2.2 You can place your order for the Service by completing and sending us a completed order form (sent to you pursuant to acceptance of a quotation supplied by us) by post or by fax to the address or fax number set out on our Web site.
2.3 HTLonline Ltd shall not be obliged to provide the Service to you unless and until we have received written confirmation, or (if requested in our discretion) evidence, that all installation work at the Customer's premises is complete and we have received any initial Charges due from you in respect of the Services and/or Equipment.
2.4 We will configure and deliver the Equipment to the Customer's Site to be connected to the Telecommunications Circuit at the Customer's Site by the Customer. Acceptance and/or use of the Services and/or Equipment by you constitutes your automatic acceptance of the terms and conditions of this Agreement. Whilst we will use reasonable endeavours to provide the Services and/or Equipment to you within any timescales specified by us or agreed with or requested by you, we will not be liable to you for any delay in providing or failure to provide the Services and/or Equipment within such timescales.
2.5 We shall allocate a range of Internet Protocol (IP) addresses for use by the Customer for machines on its network for the duration of this Agreement. It will be the responsibility of the Customer to connect the Equipment to, and to configure its machines on, its own network.
2.6 Save in relation to the Private WAN Circuit, we will provide you with transit and routing services for e-mail and general Internet access. We will (in consideration of the Charges) deliver IP packets to the Customer network boundary only and will not be, or be held responsible for, the transit, routing and delivery of IP packets to individual workstations on the Customer network.
2.7 We will endeavour to ensure that the Services are of a high quality. In order to maintain the quality and safety of the Services, and any other services which we provide to our customers, we may from time to time: (a) Suspend, close down or restrict the whole or any part of the Services in order to carry out emergency or other repairs, maintenance and/or improvements or to prevent overload of the network or to preserve the safety, security or integrity of the Services and any Internet traffic conveyed (although we will give you as much notice as is reasonably practicable before doing so and will endeavour to carry out such works during the relevant scheduled maintenance periods as published by us); and/or (b) Give you instructions on how to use the Services. You agree to comply with any instructions we may give you in accordance with this Clause.
2.8 We shall send you upon request, via e-mail, online usage statistical reports detailing the bandwidth used on theTelecommunications Circuit by the Customer and will endeavour to do so daily as specified in accordance with the Customer Order Form.
2.9 The Equipment shall at all times remain the property of HTLonline and the Customer shall have no rights or interest in the Equipment except for quiet possession and the right to use the Equipment under this Agreement to provide the Customer Service.
3.1 HTLonline Limited shall provide the Service in accordance with these Specific Terms and Conditions and subject to the applicable Service Level Agreement.
4.1 We will use reasonable efforts to activate the Services, as soon as possible following completion of the matters referred to in Clause 2.3 above. However, all dates are estimates and we cannot guarantee that they will be met.
4.2 Unless otherwise terminated or suspended in accordance with this Agreement the following Services shall be provided for a Minimum Service Period of 12 months from the date of activation: (a) Access (b) Ethernet (c) Private WAN Service
4.3 On expiry of the periods referred to at Clause 4.2 above (as appropriate) the Services will, unless terminated on or before the date of such expiry, automatically renew until terminated pursuant to this Agreement or until a new contract term is agreed between HTLonline Ltd and the Customer.
5.1 We may be required to carry out additional construction work prior to or during installation of a Telecommunication Circuit (for example because fibre or copper is not present, or buildings entries are required and/or additional equipment is needed). You may be subject to additional charges for such work, and these are described in Clause 7.6.
5.2 HTLonline Limited may monitor the Service 24 hours a day, 7 days a week, 365 days a year. Relevant details of this activity are set out in the applicable Service Level Agreement.
6.1 You agree that you will be responsible for all use of the Services and (unless, we have agreed to supply it as part of the Equipment) for providing all additional equipment and/or services (including, without limitation, a PSTN line, if required), and for obtaining any permits and/or licences which are necessary for connecting to, and accessing, the Services. You agree that you are responsible for complying with all terms and conditions (including, without limitation, terms of payment) relating to any telecommunications service which is required by you to access the Services.
6.2 With regard to DSL Backup, the PSTN line for DSL Backup will only receive maximum line speed, and is subject to availability, according to BT's advertised coverage of exchanges in the UK. Where DSL is not available, a backup dial-up account will be provided.
6.3 With regard to DSL monitoring of Private WAN circuits, the PSTN line for DSL monitoring is subject to availability, according to BT's advertised coverage of exchanges in the UK. Where DSL is not available, a recommended alternative will be provided.
6.4 You agree to:
provide an authorised technical contact, authorised contact number, and pass phrase, to keep any records of such details in separate places and take all necessary steps to ensure the security of such records;
without prejudice to the General Terms and Conditions, keep such information private and confidential and ensure, at all times, that it (or they) does (do) not become known to any unauthorised personnel.
6.5 You agree that you will notify us immediately if you become aware of any change in circumstances which may lead you to believe that such information has become known to any unauthorised personnel.
6.6 You agree that we may, from time to time, suspend and/or change your pass phrase (at our discretion if we feel that such step is in the interests of security).
6.7 Any managed hardware, and/or routers, which you purchase from us, will be tested by us and configured to meet your basic network and Internet specifications. In the event that you wish to make alterations to configuration of such Equipment, you agree to contact the Technical team at HTLonline Ltd to request such changes.
7.1 Except as otherwise provided in the Agreement, all Charges and other sums due from you in respect of the Services and/or Equipment shall be set out in the Customer Order Form and/or the invoice relating to such Equipment and/or Services.
7.2 You agree to pay for any and all charges in relation to any additional work for installation of (i) an Access Circuit or, (ii) an Ethernet Circuit. However, prior to incurring such costs, the Customer will be presented with a revised quotation and given the option to proceed or not with the installation work. If the Customer elects not to proceed, no costs will be incurred.
7.3 BT and / or all associated carriers we use can change this contract (including charges) at any time.
8.1 Unless otherwise stated, the Minimum Cancellation Notice Period is 90 days (to expire on or after the Minimum Service Period).
8.2 The Service is otherwise subject to the termination provisions of the General Terms and Conditions.
8.3 In the event The Service is cancelled by the customer at the survey result stage or during the installation stage where no excess charges have been presented by HTLonline to the customer, the full contract amount issued to the customer initially will be payable, unless there are excess charges presented by HTLonline relating to The Service to the customer which were not agreed to by the customer. In this case the service can be cancelled with no penalty.
8.4 Where the customer has ordered an EFM based service which ranges from 1mb to 10mb, but not limited to this, it maybe possible for you to cancel the service within 24 hours of placing the order with HTLonline without receiving a penalty. Any cancellations received later than 24 hours cannot be cancelled and must carry on and delivered as normal.
9.1 You agree to keep the contact details which you have provided to us up to date. Any notice or other information to be served by us on you in accordance with this Agreement will be validly sent if in writing and sent by either e-mail or first class post to your last known e-mail or postal address. Any notice sent by first class post will be deemed served two days after posting. Any notice sent by e-mail will be deemed served on the day that it is sent.
9.2 Any notice to be served on us must be in writing and sent either by pre-paid first class post to our registered office or to such other address as may be specified by us to you for this purpose from time to time. Any notice sent in accordance with this sub-clause will only be deemed served if and when you have received a written acknowledgement from us.
(For clients with Business VoIP services, these terms take precedence over our General Terms)
This Agreement sets out the terms of which HTLonline agrees to provide Business VoIP Services ("Service") to you. This Agreement commences on the date that HTL Online first accepts your order. The acceptance is declared by HTL online by making VoIP Services available to the customer. The customer is bound to his order for 30 calendar days.
The expressions, "HTL online", "we", "us" and "our" refer to HTLonline Ltd a company registered in the UK with company number 06765598 and whose registered office is 40 Beaufort Court, Admirals Way, London, E14 9XL. The expressions "you" and "your" refer to the customer.
1.1. By accepting these terms, you are agreeing NOT to allow through your actions, or those of others, the use of Services from HTL online for unlawful or illegal purposes; including but not limited to making offensive, indecent or prank/hoax calls, place bulk unsolicited commercial calls or use automatic diallers allowing others to do so, using the Services fraudulently or to commit or further a criminal offence.
1.2. You are agreeing NOT to cause damage to this or any other communication or data system, and you fully indemnify HTL online against any liabilities (including such things as legal expenses, losses, costs, claims and damages), brought about by your action or inaction in violation of this Agreement. You may NOT submit or publish through HTL online any materials that are libellous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You will comply with all reasonable instructions provided by HTL online in relation to the Service.
1.3. You agree that the Service is for your own personal use only and that you will not without our prior written consent, re-sell or in any way re-supply the Service to others for money or monies worth.
1.4. Significant (even contractual) communication processes are carried out via e-mail. The customer accepts this procedure and hereby declares that he will regularly check his emails.
1.5. If there are changes with respect to relevant customer data, the customer commits to update this data without delay. Relevant customer data shall mean in particular but not exclusively.
Change of residence of the customer, Change of the e-mail address of the customer, Change of payment data e.g. bank account data for direct debit procedure or credit card data. All information provided by you shall be true and accurate and will be relied upon by us for the provision of the Service.
1.6. Prerequisite for the utilisation of Services is internet access. The customer shall be responsible regarding his access to the internet. The mutual obligation resulting from the Agreement shall not be affected if the customer has no access to the internet.
The Customer is obliged to keep all login data regarding his/her HTL online account (passwords and SIP passwords) confidential and secure. The customer accepts that passing login data on to third parties (e.g. staff or family) is carried out at his/her own risk. The customer must inform third parties regarding the obligation to keep login data confidential and secure.
The Customer is responsible for all necessary and usual safeguards against the accidental and abusive use of Services by third parties. If a customer notices an unintentional or abusive use of Services, he/she should inform HTL online immediately. In case customer fails to inform HTL online in due time, he will be liable for all damages resulting from this delay.
1.7. If, at any time, the Service is affected or unavailable other than due to our fault you will continue to be billed for the Service.
1.8. Without prejudice to our rights to terminate this Agreement, we may suspend the Service if we reasonably believe you are in breach of any terms of this Agreement or any other Agreement with us or you abuse, threaten us, or a member of our staff. We may also suspend the Service if we are obliged to comply with an order, instruction or request from a government department or other competent authority.
1.9. We can end this Agreement immediately upon email notification if: you breach this Agreement and fail to remedy the breach within a reasonable time, specified in a written notice to us to do so;you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition against you, receiving order or administration order against you to make you bankrupt, you are a limited company and a resolution to liquidate the company is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this Agreement if we think any of these actions or similar actions may happen; any regulatory change affecting our ability to offer the Service is introduced, including but not limited to any authorisation or licence under which we provide the Service expiring or being revoked.
1.10. Upon any suspension or termination according to 1.8 or 1.9, you are responsible for all charges, including, without limitation to unbilled charges and other charges all of which immediately become due and payable. We may immediately charge these amounts to your debit or credit card in the case of the credit balance not covering these amounts.
1.11. We may terminate this Agreement at any time without liability if any underlying arrangement with other operators or suppliers is terminated for whatever reason.
2.1. Emergency Services.
You must provide us with your correct name and address, failure to do so will prevent us from registering you with the emergency services and this feature being unavailable.
The VoIP application requires a power source and enabled internet connection to make 999 calls.
When making a VoIP originated Emergency Call you are required to confirm/provide your location to enable the correct Emergency Organisation to respond.
The VoIP originated Emergency Call may have to pass over the public internet where it will not receive the same network priority or quality assurance as an Emergency Call made on a mobile network or on a circuit-switched fixed line.
You must not make any test calls to "see if it works".
2.2. Number portability is generally available with the Service as far as applicable law obliges HTL online to provide such a service.
In all other cases HTL online will port numbers as far as possible/feasible from or to another provider.
Unless otherwise regulated in a service description the number porting fee generally amounts to 20GBP per number to be ported.
HTL online will not process a number porting request to another provider unless the customer's balance is completely current, including payment for all Service charges and the applicable number porting fee.
2.3. HTL online is entitled to change the customer's telephone number(s) in the event of a: customer request change of telephone number is based on legal or regulatory measures or other reasonable economic or legal necessities that may force HTL online to change the telephone number(s).
2.4. An inactive Account may be deleted after prior email request to the customer.
3.1 All Invoices are payable on receipt.
3.2 HTL online issues invoices solely as a PDF file via e-mail or as a download. HTL online invoices comply with the VAT prerequisites.
The issuing of an invoice in paper form is generally not possible. The customer accepts that invoices are sent via e-mail although a confidential transfer of the data cannot be guaranteed. HTL online invoices do not include any itemised billing.
The customer can access their call charges at any time via his itemised bill in his HTL online account.
3.3. HTL online will non issue VAT-free invoices.
3.4. Invoice details required for VAT purposes are taken from the customer's HTL online account. The customer is obligated to currently update this information in his account. HTL online is not obliged to provide invoices with other data.
4.1. Provision of the Service is conditional upon the customer paying all fees and charges applicable to the Service in accordance with this Agreement and the tariff list which is available on request. Where VAT must be paid we have included it at the current rate.
4.2. We may suspend or terminate our Service at any time acting reasonably, if you fail to make any payment that is due. You must pay all sums due in full and you cannot set off, deduct or withhold any part of any sum of money that you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.
4.2. We can change the payment terms for any good reason, for instance, if you do not pay your bills on time.
4.3. You must notify HTL online in writing within 7 days after the date of your invoice if you dispute any HTL online charges.
4.4. By using the Service you agree to be bound by our fair usage policy. If you do not comply with our fair usage policy or you use the Service for anything other than for normal and reasonable purposes and contrary to usage patterns reasonably expected of a residential or business user, as the case may be, we may freely suspend the Service immediately and offer you an alternative tariff list or terminate the Service immediately.
4.5. You accept that when you order the Service from us we may carry out credit reference enquiries about you and that we may also carry out identity and fraud prevention enquiries.
5.1. Except when stated otherwise cancellation of the Service / an agreement between the parties is possible but requires six months prior notice.
5.2. If you want to cancel this Agreement in full, or if you want to cancel some but not all of your phone lines and other features of the Service, for any reason you must inform us in writing. Your written notice of cancellation must be received no later than 1 working day before the end of the current calendar month, otherwise cancellation will not become effective until the end of the following calendar month. HTL online will send you confirmation of your cancellation by email. A working day does not include Saturdays, Sundays or any public or bank holidays in the United Kingdom.
5.3. If the customer still has credit in his / her account at the point of cancellation, HTL online will reimburse the customer on request, to the value of the credit balance, minus HTL online's processing fees of 6.00GBP. A refund is not issued in the case of the balance not exceeding 6.00GBP.
A prerequisite of a reimbursement is a written customer request, stating the customer number / SIP-ID, a bank or credit card account and a copy of proof of ID (passport/driving license). The refund of a positive balance becomes time-barred from three years after the date of termination.
5.4 You are solely responsible for your actions and the content of your transmissions through or in connection with the Service, it being understood that each employee acts on behalf of the Company with which such employee is associated in all actions and submissions on or in connection with the Service. You agree:
6.1. We may at any time change the terms and conditions of this Agreement, any policy or document referred to in this Agreement. In such cases we will notify you by email, and the new terms and conditions will appear here. http://www.htlonline.co.uk/htlonline/tsandcs/ . Our charges and tariff list may also change from time to time and we will provide you with new charges via email. We shall endeavour to notify you of changes to tariff lists and charges at least 5 days before they are due to take effect, however, we may have to make changes without giving the full 5 days notice. You agree that if you use the Service, you will be bound by the changes, once the changes to the charges are made.
6.2. Provided you have not used the Service following any change as described in clause 7.1, you may end this Agreement without incurring any applicable disconnection fee if the changes are not to your liking, provided that you will remain liable for all charges due up until the date of termination. To exercise your right of termination you will need first to give us notice via email immediately, and no longer than 5 working days.
We warrant that we shall provide the Service with reasonable skill and care, within a reasonable time and substantially as described in this Agreement and in the Service Description. We do not warrant that the provision of the Service will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the Service. We do not make any other promises or warranties about the Service. You acknowledge and agree that in entering into this Agreement you do not do so on the basis of that the Service will always be optimal, and do not rely on any representation, warranty or other provision except as expressly provided in this Agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the full extent permitted by law. The Equipment and the Service is made available for your own use only.
We reserve the right to modify or discontinue the Service respectively part of the Service, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Service. We will not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Service.
Nothing in this Agreement affects your statutory rights.
8.1. Nothing in this Agreement excludes or limits our liability for any liability that cannot be excluded or limited by law.
8.2. You accept and agree that you will have no claim against HTL online or any underlying network access provider if you are unable to access the Service and the exclusions and limitations of liability in this clause shall apply to all claims arising from your use of the Service including claims against our business associates.
8.3. We shall not be liable for you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses) corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.
8.4. Except in the case of clause 8.1, our liability to you (if any) for direct loss or damages in contract, tort, including negligence or breach of statutory duty, or otherwise, arising out of or in connection with this Agreement shall be limited to 12,500GBP per incident per customer. As regards all customers the liability per incidence is limited to 10,000,000GBP. As far as this amount does not suffice for all customers claims resulting from one incidence all customer claims are reduced accordingly
8.5. In the event of any failure in the Service, we shall not be liable for any charges incurred by you, should you divert your traffic to another provider.
8.6. You will indemnify HTL online from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this Agreement or any misuse of the Service or Equipment (whether or not supplied by HTL online).
8.7. We shall not be liable to you for any loss or damage due to any cause beyond our reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities.
We shall not be in breach of this Agreement for any delay or failure in performance if such delay or failure is due to a cause beyond our reasonable control.
All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of HTL online are and shall remain the exclusive property of HTL online throughout the world. Nothing in this Agreement shall grant you the right or licence to use such marks.
11.1. If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
11.2. If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning.
11.3. Except as provided in clause 9, nothing in this Agreement confers on any third party any right to enforce any of its provisions pursuant to the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11.4. You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent.
11.5. The survival of the clauses is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement.
11.6. This Agreement represents the entire Agreement and understanding between us in relation to the subject matter hereof and supersedes all prior understandings and representations, whether written or oral. This clause shall not affect the parties' rights and remedies in respect of any fraudulent misrepresentation.
11.7. This Agreement is governed by the laws of the Federal Republic of Germany except for regulations regarding consumer protection. Consumer protection shall be regulated according to the laws of the United Kingdom. The parties submit to the exclusive jurisdiction of the German Courts to the extent this is permissible.
11.8. Our Service may not be used from the USA or through US citizens.
HTL Serviced Cloud provides businesses with a Cloud based service which enables end users to access all of their files, applications and emails remotely through a web browser, internet enabled PC or smart phone.
By using Thin Client RDS technology HTL Serviced Cloud provides a browser accessible Hosted Desktop service that enables end users to access a pool of Remote Apps with Microsoft Office Professional 2010 installed.
Hosted Desktop provides a fully customised working environment with a range of software applications available in the Cloud rather than using local infrastructure. The Serviced Cloud data and applications are stored centrally within the infrastructure of a secure Tier 3+ UK data centre.
Administrator Support is provided through the web-based "HTL Serviced Cloud Control Panel" self-service portal http://selfservice.servicedcloud.com. Individual users may use the portal to reset their own passwords.
In addition customers may contact HTL Serviced Cloud to:
A number of changes can be made via HTL Serviced Cloud. Changes that are treated as change requests rather than support incidents and are therefore chargeable, include but are not limited.
"Additional Apps" mean applications other than (a) Microsoft Office Professional or (b) other applications which are accessible from the Remote Apps Website. Additional Apps may be made available to customers.
Additional Apps and the service levels in respect of such Apps are defined by the following three categories:
On-demand Apps are applications that are already set up and hosted by HTL Serviced Cloud and which can be made available to customers "on-demand" via a support request to the HTL Serviced Cloud support desk.
The number of On-demand Apps will change during the term of the License Agreement as more and more applications are made available on-demand. Present examples of On-demand Apps include Microsoft Visio and Microsoft Project. On- demand Apps are charged on a per-user, per-month, per-App basis. There is no set up fee for enabling an On-demand App.
Browser accessible Apps are applications that are hosted by third parties and which are accessed by an end user through a web browser.
The web browser requirements for such applications are defined by the vendor and may include a plug-in requirement for either the web browser or Microsoft Outlook or other Microsoft Office application.
Browser Accessible Apps are accessed via the web browser and/or Microsoft Outlook/Office functionality within RDS, subject only to any plug-in requirements as stated in this Servcie Description.
Provided that a plug-in is not required there is no additional charge for a Browser Accessible App and no service is required by HTL Serviced Cloud because such Browser Accessible Apps are hosted and supported by external third parties.
These are Apps that are hosted by HTL Serviced Cloud on dedicated servers, virtualised or otherwise, and published using RDS to end users. Published Apps will incur App server charges with the charges dependent upon the hosting infrastructure required to host the Published Apps.
In respect of Browser Accessible Apps HTL Serviced Cloud's sole responsibilities are determined by whether a web browser or Outlook plug-in is required.
Where a browser plug-in is required, HTL Serviced Cloud will advise whether it is part of the current Hosted Desktop service or whether a bespoke plug-in needs to be hosted and made available. If the web browser plug-in is not part of the standard Hosted Desktop platform at the time of requirement, a dedicated app server (likely to be virtualised) will be necessary and HTL Serviced Cloud will be responsible for providing the server and hosting infrastructure necessary to host the bespoke plug-in. The customer will be responsible for communicating with HTL Serviced Cloud as to the name, version and source of the plug-in required.
The customer will be responsible for providing confirmation to HTL Serviced Cloud that any third party software licensing in respect of the plug-in are being complied with by hosting their software as part of the Serviced Cloud Service, and the Customer will be asked for written confirmation of such compliance including any license key(s) that may be required.
Standard charges in accordance with the License Agreement will be applied for the set-up, testing and on-going hosting of the server(s) necessary to the web browser plug-in.
Once HTL Serviced Cloud has installed the plug-in the Customer will be asked to test the functionality of the Browser Accessible App and will be required to confirm to HTL Serviced Cloud that it is working correctly.
Where a plug-in is required for Microsoft Outlook or other Microsoft Office application, a dedicated App server (likely to be virtualised) will be necessary and HTL Serviced Cloud will be responsible for providing the server and hosting infrastructure necessary to host a version of Microsoft Outlook or Office that can be configured to accommodate the plug-in.
Standard charges in accordance with the License Agreement will be applied for the set-up, testing and on-going hosting of the server(s) necessary to host a version of Microsoft Outlook or Office that is configured to support the required plug-in.
HTL Serviced Cloud Hosted Desktop service is delivered from an ISO27001 accredited data centre, which includes multiple internet feeds with automatic BGP redundancy, uninterruptable power supplies, fire suppression systems and 24/7 manned security.
The architecture is optimised for performance, non-disruptive maintenance and service reliability providing the highest availability and maximum data security. The high end storage equipment is located in a physically secured data centre, and extensive SLA with the data centre guarantees the continuity and maximal uptime of the service.
HTL Serviced Cloud Hosted Desktop is equipped with robust security technology, including 128-bit AES encryption, and SSL certificates to ensure data is optimally protected.
The network security at the data centre is fronted by multiple resilient firewalls.
Security procedures involve advanced monitoring of network traffic, router loading and application behaviour.
Our state-of-the-art data centres are managed on a 24/7 basis by a dedicated security team to ensure maximum reliability, system redundancy and high fault tolerance.
The Serviced Cloud Service provides for each end user a license which includes the following:
Trend Anti Virus services are deployed to protect against spam, phishing, virus and malware attacks. Anti-Virus and Anti-Malware services are deployed throughout the platform, updates are applied every six hours and nightly full scans are carried out.
The principal of least access is applied at Network, OS and application level to limit the risk of infection or exploit gaining further access into the systems environment. Intrusion Detection Software (IDS) and Intrusion Prevention Software (IPS) is deployed at key points to detect malicious traffic and act as an independent watch guard to suspicious activity.
During new customer set up existing customer data can be imported subject to the following:
HTL Serviced Cloud Hosted Desktop service has a minimum term of 12 months from the date the service is first activated. The service is provided as a pay-as-you-grow model which means not only do you not have the initial capital expenditure and depreciation associated with physical servers but you have the benefit of being able to expand the system as your user base and demand grows.
At all times the data stored within the HTL Serviced Cloud service is the property of the customer.
In the case of service termination, by default all customer data will be deleted from the live service infrastructure immediately following the cancellation notice period.
The customer may download data to their personal computer at any time as part of the Service. If the customer requires HTL to make a copy of the data a fee of £100 per Gb is charged. The client must supply their own storage devices which must have USB connectivity.
HTL Serviced Cloud takes no responsibility for the content of data uploaded to the HTL Serviced Cloud service.
The Serviced Cloud Service includes end customer data which is defined as the end customer's data which is either (a) data stored by each end user in the end user's documents folder, (b) data saved under the end customer's shared drive and (c) application data stored on any server(s) set up for the end customer's Apps
Data stored locally on an end user's PC, laptop or other device (that is not therefore copied up to Serviced Cloud) is not covered by this SLA
End customer data is stored on a Storage Attached Network and/or storage devices and/or servers and a full back-up is taken once a week.
In the event that there is a failure during any part of the back-up procedure HTL Serviced Cloud will use reasonable endeavours to re-run a back-up as soon as practical.
The full back-up of the end customer data is copied to disk attached storage and kept in an alternate datacentre.
End customer data is retained for a maximum of 2 weeks. The back-up process then overwrites data older than 2 weeks.
Provided data is available for restoration in accordance with the data retention policy set out in this SLA, data will be restored within the time frames set out in the table below.
Data restoration is done within 1 business day and costs £200
All service level guarantees are based on service monitoring data collected over whole calendar months.
Service Availability for all Serviced Cloud services will be available for a guaranteed 99.9%:
In calculating Service Availability the following pre-requisites and assumptions are made:
HTL Serviced Cloud aims to achieve the highest level of end user satisfaction and shall use reasonable care and skill when providing services but does not guarantee that the services shall be continually available to the customer. There may be occasions when services are disrupted through an error or act of the customer or another third party or, circumstances outside the reasonable control of HTL ("Service Disruption").
Each service credit means a credit equal to 10% of the monthly fee for the users affected by the breach of service availability. Service availability is guaranteed at 99.9%. For example, if the customer has 100 end users but only 10 are affected by a service availability issue then the service credit will be 10% of the monthly fee relating to those 10 end users affected and not the whole 100 end users. A service credit is not cash but a credit against existing or future fees for the service(s) purchased by the customer. A service credit will only be given if the customer follows the procedure set out herein.
Events giving rise to Service Credits
Each breach of this SLA gives rise to a single service credit. If there are multiple breaches in a month the maximum service credit will be 100% of the fees charged to the customer affected. Therefore if there are more than 10 breaches in any given month the maximum service credit and compensation will be the full monthly fees charged in respect of the affected customer or end users.
Core Hours: 09:00 hrs. to 17:00 hrs GMT time zone, excluding weekends and UK Public Holidays
The customer must ensure that no unauthorised or un-licenced software program, game, or other application is installed or attempted to be installed on Hosted Desktop;HTL Serviced Cloud Acceptable Usage Policy (AUP).
The HTL Serviced Cloud service is a powerful, secure and simple to use solution that scales from single users to large enterprises. The service infrastructure is built to Enterprise standards and scales to tens of thousands of users and terabytes of data. Businesses are able to enjoy the benefits of an enterprise-grade email system without the hassle and upfront costs of purchasing and maintaining a server.
Delivered as a fully managed service you will never have to worry about accessing your applications, emails or files ever again. With a guaranteed service level and predictable monthly per user costs the service provides, a known total cost of ownership for your business needs.