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Introduction

These terms of service, together with our Acceptable Use Policy (“AUP”) located at (https://www.10degrees.uk/aup) each of which is incorporated by reference, set forth the terms and conditions pursuant to which 10 Degrees Ltd will provide the Services to you (“Agreement”) as detailed on your order Invoice (“Order”).  We may update this Agreement from time-to-time. In the event of a material change to this Agreement, we will provide you with written notice. Your continued use of the Services following such updates constitutes your acceptance of the same. If you do not agree to the terms of any modification, you may terminate this Agreement in accordance with the Termination section below.

Definitions

  • “10 Degrees”, “we”, “us”, “our” means 10 Degrees Limited, 40 Space Business Centre, Wokingham, Berkshire RG41 2PQ,
    trading as “ 10° “.
  • “Service” means any hosting or connectivity service offered by 10 Degrees, including but not limited to email hosting, web hosting, dedicated, cloud or virtual servers.
  • “Customer”, “you”, “your” means you, the person or persons in whose name(s) a service is maintained by 10°.
  • “Working Hours” means 9.00am to 5.30pm, Monday to Friday, excluding English bank holidays.
  • “Service Maintenance Times” means Monday through Sunday – 10:00 pm to 4:00 am

Service Availability.

10 Degrees will provide service availability of 99.95% (“Service Availability”), calculated on a calendar month basis.  The Service Availability will be calculated as follows:

[(Total number of minutes Service is available in a calendar month) DIVIDED BY

(Total number of minutes in a calendar month LESS Excused Downtime)]

How to Receive SLA Credits.

Customer will receive a credit of five percent (5%) of Customer’s monthly fee for each hour in which we fail to meet the Service Availability for such month (“SLA Credits”). In order to receive SLA Credits, Customer must make a request in writing to 10° via [email protected] or to Customer’s account manager (if applicable) within 30 days of the event giving rise to such SLA Credits.  SLA Credits are based on our monitoring, may not exceed the total amount of recurring fees Customer has paid to us for the month in which we failed to meet the Service Availability, are forfeited at the expiration or termination of the Agreement, may not be aggregated, and will not be paid in cash.

Excused Downtime.

Excused Downtime” means:

  • scheduled outages or Force Majeure events;
  • downtime caused by a non-standard environment, Customer machine access, Customer’s violation of the Agreement including the Acceptable Use Policy, Customer authored code or changes to the Site or Services by parties other than 10°, or use that exceeds Customer’s plan capacity (e.g. visitors that exceed the limit for the Customer’s plan);
  • emergency maintenance (e.g. in order to apply a patch to address a security vulnerability); and
  • maintenance that is performed during “Service Maintenance Times”.

Catastrophic Failure & Recovery

In the event of a complete failure of the Service due to failed infrastructure (network, server or hardware) 10° will help to bring the Service back online as quickly as possible. At 10°’s discretion during any downtime Service may be resumed on temporary servers hosted on third-party infrastructure, but only as a temporary measure (“Emergency Hosting”) whilst 10°’s primary infrastructure is restored.

Emergency Hosting is there to get Customer’s website back online as quickly as possible but is only an interim measure whilst 10° investigates the cause of downtime. Emergency Hosting is subject to DNS propagation or other DNS management delays (such as cache reconfiguration).

Backups

We’ll take nightly backups of your website which you will have access to via login to our hosting portal. There is no guarantee that the backup will work properly and that the content will be completely recovered or formatted properly. You are solely responsible for keeping a separate backup of any data that you do not want to lose.

Monitoring

Monitoring helps us to maintain a highly reliable service – by monitoring important parts of your server we’re alerted to problems as soon as they develop, and can proactively put things right before they cause service disruption. Although we try to detect all faults, software is complex and there are always new and diverse ways things can misbehave. We cannot guarantee to locate every possible fault condition, particularly as these are sometimes specific to your particular application code (e.g. the server might be working properly, but yet your website may not be).

Security

We will maintain commercially reasonable administrative, physical and technical safeguards designed to help ensure the security of our internal networks from malicious activity and to provide for the privacy, confidentiality and integrity thereof.  However, security is a shared responsibility.  You agree to configure your use of the Services in such a way as to maintain the security of our Services and network (e.g. by only uploading software that has been demonstrated to be secure, installing patches, and not sharing passwords).

Should we determine that there has been a security breach that has compromised your account we agree to notify you as soon as reasonably possible but only after we have investigated the breach and fulfilled our legal obligations under applicable law.  You agree to the same notification obligations should you determine that there has been a breach.

Support

10° provides support through a variety of methods (e.g. telephone, email, knowledgebase, support portal) (“Support”).

If you abuse our support staff or any employee of 10° we may terminate this agreement and your access to the Services effective immediately.

During our interactions with you, including while providing Support, we may solicit or you may provide feedback about the Services.  You agree that we are free to use and disclose this feedback for any purpose.  If we make any changes to our current services or products, or develop new products or services, using the feedback, then you agree that we own all right, title and interest to such changes or new products or services.

Fees

The charges for the Services (“Fees”) are set out on your order invoice. Fees applicable to any renewal Term will be at our then-current rates. Overages may apply if your use of the Services exceeds your plan limits (e.g. exceeding the number of monthly Visits (see below)). Additionally, we may adjust the Fees if there is a change to the configuration your sites or your use of the Services (including changes to CPU or RAM consumption, cacheability, bandwidth, visitors, or transfer).

You will be charged the Fees beginning on the Effective Date.  Our schedule of payments is set out on the Order; if no schedule is stated, Fees are due in full in advance, except that Fees for applicable overages will be invoiced and charged in arrears.  All Fees are payable in Pounds Sterling and are not refundable. We will collect the Fees by debiting the electronic payment method that you have provided to us. Credit, debit, or other similar sources of payment may be debited up to one week prior to the due date. You must keep the method of payment current and able to be debited. If payment is not made by or on the due date, we may charge a late fee on the unpaid balance at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate permitted by applicable law, rounded to the next highest whole month and compounded monthly.

We may be required to collect taxes on the Services. Taxes (excluding taxes on our income) will be added to the Fees and you agree to pay them, unless you provide us with a valid tax exemption certificate.  If you elect to pay via a bank transfer or credit transfer then you are responsible for any transfer fees, which will be automatically added to the Fees.

If you do not pay on time, we may suspend or terminate the Services and terminate this Agreement.  In addition, Third Party Services may be forfeited.  We may also send you to collections, and add to the Fees any charges associated with collecting unpaid Fees.  If the Services are suspended because we do not receive payment, we will preserve Customer Content (defined below) in accordance with our normal backup processes and procedures.   After that time the Customer Content will be deleted.

Visits

Your Service may be subject to plan limits, such as the number of visits per month. Visits are counted in the following way: we take the number of unique IP addresses seen in a 24-hour period as the number of “visits” to the site during that period. The number of “visits” in a given month is the sum of those daily visits during that month.

Our calculation of visits may differ to what you see within your analytics software since these primarily rely on JavaScript being active.

Proprietary Rights

We do not claim any ownership rights in your content that you provide to us in connection with the Services (“Customer Content“). However, to provide the Services, we need you to grant us a right to use the Customer Content. As such, you hereby grants to us a non-exclusive, fully-paid, perpetual, royalty-free, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Customer Content (in whole or in part) but only to the extent necessary to provide the Services.

Term and Termination

The term of this Agreement and any order is twelve-months starting from the date Customer’s website goes live (“Initial Term”). Upon expiration of the Initial Term, this Agreement and any Order automatically renew for successive twelve-month periods (each a “Renewal Term”) unless one party notifies the other in writing of its intent not to renew no later than thirty days prior to the expiration of the then-current Renewal Term or the Agreement or Order is otherwise terminated in accordance with the terms of this Agreement.

Either party may terminate this Agreement and any Order at any time for any reason at any time for any reason or no reason by providing the other party with 30 days’ prior written notice. Additionally, we may terminate this Agreement or any Order immediately if (i) you fail to pay for Services on time, (ii) your use of the Services endangers or negatively affects our networks or systems, violates the law or our AUP, or inhibits our ability to provide services to our other customers.

Upon any termination or expiration of this Agreement we will stop providing the Services.  This means that Customer’s Content may not be available.  It is Customer’s sole obligation to keep separate backups and to download the Customer Content prior to termination or the expiration this Agreement.

Disclaimer

Other than as is expressly set out in these terms, the services are provided as-is, as available, and with all faults.

(i) 10° makes no warranties of any kind, whether express, implied, statutory or otherwise.
(ii) 10° specifically disclaims all implied warranties, including, but not limited to: any warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error free service, error correction, availability, accuracy and any and all implied warranties arising from statute, course of dealing, course of performance or usage of trade to the maximum extent permitted by applicable law.

Indemnification

You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third party arising out of your conduct that constitutes a violation of our Authorized Use Policy. Customer will indemnify us for damages finally awarded against us in connection with any such claim (or for a settlement amount Customer consents to).

Data Protection

We are the data controller for the personal data those customers submit through our customer acquisition process (e.g. contact information, credit card number). For all other personal data collected through provision of the Services (i.e. any personal data submitted through supported sites), we are the data processor. Where we are the data processor, we will endeavour to use such personal data only as instructed by the customer and not for any other purposes.

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