Cobalt Networks - Term of Service

Introduction
This document sets out the terms and conditions that apply to services provided to clients by Cobalt Networks.
Cobalt Networks provides dedicated server hosting, managed server hosting and co-location to its clients. Cobalt Networks reserves the right to suspend or cancel a client's access to any or all services provided by Cobalt Networks if that client is found to be in breach of the following terms and conditions.

Acceptance
Placing an order will be taken as agreement by the client to these terms and conditions. Cobalt Networks reserves the right to revise its policies at any time. A copy of these terms and conditions is always available on the website at:
http://www.cobaltnetworks.co.uk/tos.html

Service Guarantee
Cobalt Networks guarantee 99.9% network uptime and 99.9% network stability uptime and will pro-rate credits (up to 5 GB bandwidth per month) for uptime below 99.9% upon request. This, however, does not refer to problems caused by:
• Server Hardware Breakdown
• User error(s) or purposeful interruption(s) of the client’s service
• Failures due to software that is not explicitly supported by Cobalt Networks.
If a hardware crash provoked by the client happens, Cobalt Networks is not responsible for the resulting downtime.

Bandwidth / Resources Usage
Cobalt Networks dedicated server, managed server and co-location packages are sold with a set allowance of monthly bandwidth. If an account is found to have used more than it's allowed resources we will contact the client and ask them to upgrade their package to meet the demands.
In cases of excess usage the client will be liable, at Cobalt Networks discretion, to pay for usage over the allowances. Current 'overage' prices are:
• £2.50 per GB of data in excess of allowances (charged in 1GB units)
These ‘overage’ charges are at Cobalt Networks discretion. A small ‘overage’ on an infrequent basis will not be charged. However, if a client persistently uses more that their allowance or uses an amount of resources which is greatly beyond their allowances they will be billed at the rates shown.
If a website or server is generating traffic that is detrimental to access to other servers hosted by Cobalt Networks then we reserve the right to throttle or disable access to that website or server. If the account is suspended then the account holder will be contacted in order to discuss the situation. If no arrangement can be reached, Cobalt Networks reserves the right to terminate the account.

File Backup
In the event of a non-recoverable server failure Cobalt Networks will endeavor to restore a client’s server exactly as it was before the failure (to the point of the last available backup) including any website data. However Cobalt Networks offer no guarantee of 100% restoration of data. It is always the client’s responsibility to always keep an up-to-date local copy of their data.

Payment Policy
All services are charged on a prepay basis either yearly or monthly.
Although Cobalt Networks reserves the right to change the prices of provided services at any time all pricing is guaranteed for the period of prepayment. Where the account is paid yearly in advance we guarantee that price for the full year. Where paid monthly we guarantee the price for that month only. Clients will be notified at least 1 month in advance of any price changes.
Clients will automatically be billed again at the end of their current payment period unless written cancellation notification has been received by Cobalt Networks.
The client is responsible for all charges accumulated on their account from the time it was established to the time that Cobalt Networks receives a written cancellation request.

Payment Arrears
If a client’s account, for whatever reason, falls into arrears Cobalt Networks reserves the right to suspend the account until the outstanding charge is received successfully. In addition, Cobalt Networks reserves the right to suspend any other services provided to the client until the outstanding debt is cleared.
If the account falls more than 7 days in arrears Cobalt Networks reserves the right to cancel the account and delete all related files.
A charge of £25.00 will be applied to reinstall a website and £12.00 for an email account.
A charge of £25.00 will also be applied in the case of a credit/debit card chargeback determined to have been requested on a legitimate credit/debit card charge.

Cancellation and Refunds
Clients may cancel their services and stop further charges at any time, however fees paid on a prepay basis are non-refundable in the event of client cancellation. Notification of cancellation must be received by Cobalt Networks in writing from the clients at least 1 month in advance. Email notification must include sufficient information (including main account password) to prove that the sender is in fact the account owner.
Cobalt Networks reserves the right to cancel services at any time. If an account is cancelled through no fault of the client then the client will be entitled to a pro-rata refund of fees paid. If a client’s account is terminated due to contravening these terms and conditions then a refund will not be issued.

Client Confidentiality
In the course of serving its clients Cobalt Networks may acquire, store and transmit client communications and information that clients may regard as private or sensitive. Some of this information (such as the client's name, address and telephone number) is provided to Cobalt Networks by its clients in order to establish service. Other information (such as the client's account status, choice of services and client logs) is created and maintained by Cobalt Networks in the normal course of providing service.
Cobalt Networks will not disclose any client’s personal and account information unless it has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Cobalt Networks, its clients, or others, or where Cobalt Networks has a good faith belief that the law requires such disclosure.

Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect and defend Cobalt Networks against any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet Electronic Commerce.

Force Majeure
Cobalt Networks shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental act or directive, war, riot or civil commotion, equipment or facilities shortage which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Indemnification
When using a Cobalt Networks account the client agrees that it shall defend, indemnify, save and hold Cobalt Networks harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Cobalt Networks, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns.
The client agrees to defend, indemnify and hold harmless Cobalt Networks against liabilities arising out of:
(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with Cobalt Networks servers.
(2) Any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party.
(3) Claims of liable, slander or defamation of character of an individual or organisation originating from documents installed by the client on Cobalt Networks servers.
(4) Copyright infringement.
(5) Any defective products sold to client from a client’s site hosted on a Cobalt Networks server.

Disclaimer
Cobalt Networks will not be responsible for any damages a client’s business may suffer. Cobalt Networks makes no warranties of any kind, expressed or implied for services we provide. Cobalt Networks disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Cobalt Networks and its employees.

Terms & Conditions - January 2008