In these terms:
1.1)” Purple PC ” means Matthew Haines T/A Purple PC.
1.2)” The Client ” means the person, company or organisation purchasing The Services.
1.3)” The Client Data” means the information stored on our system by the client and over which the client retains ownership.
1.3)” The Services” or “Hosting Services” means the products and/or cloud services that shall be the subject of the contract between The Seller and The Buyer.
1.4)“ Working day ” Any weekday i.e. Monday to Friday, but excluding bank holidays and public holidays.
1.5) “Renewal date” the anniversary date of the initial order for annual billing, or the same day of the month the service was ordered each month in the case of monthly billing. This is the date upon which the fee for the service renewal for the period is due to be paid.
2) Scope of Services
2.1) Web Hosting Service. Purple PC will provide the Web Hosting Service, operating system, connection to the Internet and other related software to operate and support the Web Hosting Service in a manner acceptable in the industry. Although Purple PC will make reasonable efforts to protect and backup data for Client on a regular basis, we are not responsible for The Client Data residing on the Web Hosting Service. The Client is ultimately and solely responsible for the backup of The Client Data stored on our Web Hosting Service.
2.2) Hosted Exchange. Purple PC will provide the Hosted Exchange service, operating system, connection to the Internet and other related software to operate and support the Hosted Exchange in a manner acceptable in the industry. Although Purple PC will make reasonable efforts to protect and backup data for Client on a regular basis, we are not responsible for the Client Data residing on the Hosted Exchange. The Client is ultimately and solely responsible for the backup of Client Data stored on our Hosted Exchange Service.
2.3) Hosting Service Connection and Access. Purple PC will provide connection of the Hosting Service to the Internet, including all telecommunications equipment and connections required to provide public access on a 24-hour-a-day, 7-day-a-week basis, with the exception of scheduled maintenance downtime. Purple PC will make best efforts to provide uninterrupted connection and access, except for scheduled maintenance downtime and any interruption to connection and access beyond Purple PC’s control caused by, for example, acts of nature, third-party equipment or transmission failures, or security breaches.
2.4) Maintenance Services. Purple PC will perform maintenance services as we determine to be reasonably necessary in order to maintain the continuous operation of the Hosting Service. The Client agrees to periodically scheduled Maintenance and associated possible Downtime. Purple PC will generally provide 2 weeks prior notice of the Maintenance and/or Downtime, except when circumstances beyond our control limit our ability to do so.
2.5) Client Access Equipment and Software. The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Hosting Service. Purple PC make no representations, warranties, or assurances that Client’s equipment will be compatible with Purple PC’s service.
3) Payment Terms
3.1) Set-Up Fee. Where applicable the Client will pay to Purple PC a one-time, non-refundable set-up fee as indicated in at the time of ordering or by special quotation arrangement. In the case of monthly fee based products without set-up fees, the first monthly fee acts as the set-up fee and is non-refundable.
3.2) Service Fee. Client will pay to Purple PC an annual, or monthly Service Fee for the services provided by Purple PC under this Agreement, as indicated at the time of ordering. The Service Fee is billed to the Client at the beginning of each monthly or annual anniversary, one month in advance, and is due at latest within 10 days of the date that the Service Fee is due. The Service Fee is subject to adjustment, with notice, according to the current Hosting Service Price Schedule
3.3) Bandwidth Fees. For Shared Hosting and Shared Virtual Server Clients, bandwidth allocation is indicated at the time of ordering on our web site and additional bandwidth usage is charged as indicated in the Hosting Service package. For Virtual Dedicated Server and Dedicated Server Clients, a rate of £40.00 per Mbps, as measured using 95th percentile industry standard measurements, may be applied at the discretion of Purple PC. The Bandwidth Fee is billed to the Client at the beginning of each month and is due on the 10th day of the month in which the Bandwidth Fee is billed. The Bandwidth Fee is subject to adjustment, without notice.
3.4) Contract Length and Cancellation. Unless indicated otherwise, the minimum contract length is the length of the initial billing period on all cloud data centres, cloud servers, web hosting, email services and backup services, and one year on all dedicated servers and colocation services. The contract is renewed subject to Section 6.2. Service fee payments are monthly in advance unless the monthly amount is less than £25.00 per month, in which case service fee payment is annually in advance. Client may cancel the contract by giving one month notice on all web hosting and email services.
3.5) Breach. Upon a breach of the agreement pursuant to clause 6.4, Purple PC reserves the right to terminate service to Client. In the event Purple PC terminates service to Client because of a breach by Client, Client will be charged in full for the entire month in which the breach occurred. Any refund is at the discretion of Purple PC.
3.6) Tax. VAT charged at 20% will be added to all UK and EU invoices.
3.7) Delivery of Payment. Client will ensure necessary action is taken to pay invoices in full and as indicated in 3.2. Purple PC reserves the right to cancel client services if payment is not received as indicated in 3.2.
3.8) Late Payment Charges: Purple PC understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if Purple PC are not paid according to agreed credit terms (The Late Payment of Commercial Debts Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002).
4) Representations and Warranties
4.1) Compliance with Law. The Client must ensure that their use of the services provided will comply with all applicable English laws.
4.2) Authority to Contract. The Client represents and warrants that they have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement.
4.3) Non-Infringement. The Client represents and warrants that their performance of this Agreement and providing the Web Service, including the software or data files, shall not infringe the intellectual property or other proprietary rights of any third party.
4.4) Purple PC Performance. Purple PC represents and warrants that our services shall be performed in a professional and workmanlike manner, and the Hosting Service will be operated in accordance with Purple PC’ obligations as defined by this Agreement.
5) Disclaimer of Warranties
5.1) Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, Purple PC MAKE NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT.
5.2) Risk of Use. Client expressly agrees that use of Purple PC’s Cloud Services are at the Client’s own risk. Neither Purple PC, our employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warranty that the Hosting Service will not be interrupted or error free; nor does Purple PC make any warranty as to the results that may be obtained from the use of our Hosting Service or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through Purple PC’s service, unless otherwise expressly stated in this Agreement.
5.3) Limited Liability. Under no circumstances, including negligence, will Purple PC, our officers, agents or anyone else involved in creating, producing or distributing Purple PC’s Cloud Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our Hosting Service. Purple PC will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to Purple PC’ records, programs or services. Client acknowledges that this paragraph shall apply to all content on the Purple PC Hosting Service.
5.4) Remedy. Client’s exclusive remedy for all damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will not (a) exceed the actual pound amount which Client paid during the 1 month period prior to the date the cause of action arose, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, loss of data, file, profit, good will, time, savings or revenue.
5.5) Your statutory rights are not affected by this contract.
6) Term and Termination
6.1) Effective Date. The Effective Date of this Agreement is the date the Hosting Service was ordered, either online, by telephone or by receipt of payment by post.
6.2) Duration. This Agreement will commence on the Effective Date or date of ordering, whichever is the earlier, for a term of one year, or the agreed contract length. After this duration, this agreement shall automatically continue on an annual basis.
6.3) Termination for Convenience. Subject to Section 3.4, Client may terminate this Agreement at any time for Client’s convenience by providing Purple PC with advance written notice. No portion of Client’s payment is refundable under this section.
6.4) Breach or Default. The following constitute a breach or default of this Agreement: a) Client’s failure to pay the current years’ Service Fee by the tenth day of the following month, b) Client’s violation of Section 8.0, c) Client’s violation of 9.2, or d) Client’s violation of Sections 4.1, 4.2 or 4.3.
6.5) Special Lien on Personal Property. Purple PC retains a special lien on all of Clients personal property in Purple PC’ possession to secure any payment amount Client may owe to Purple PC under this Agreement.
7) Ownership Rights
Ownership Rights. Purple PC acknowledge that all right, title and interest in the Client Data shall be solely owned by the Client. Purple PC owns or has licensed through a third party all server software. In the event that Purple PC elects, at Purple PC’ option, to provide custom software to Client, this software will be licensed to Client for use only on Purple PC’ Hosting Service on a non-exclusive, royalty-free, fully-paid basis according to the terms of this Agreement. The Client acknowledges that the other related hardware and software are the property of Purple PC or its suppliers.
8) Inappropriate Conduct
This is covered in detail in the Purple PC Acceptable Use Policy (AUP)
9) Complaints policy
We are committed to providing a high-quality service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.
If you have a complaint, please contact us with full details. Ordinarily a complaint will be dealt with as quickly as possible of not the same day, the time scales below are represent a maximum response time.
What will happen next?
- After receiving your complaint we will send you acknowledgment of receipt of your complaint within two days of receiving it, enclosing a copy of this procedure.
- We will then investigate your complaint internally. This will normally involve passing your complaint to a member of staff not directly involved in the complaint
- We will then contact you to discuss and hopefully resolve your complaint. This will be within ten days of sending you the acknowledgement.
- Further to the discussion will write to you to confirm what took place and any solutions we have agreed with you.
- If you do not want us to contact you or it is not possible, we will send you a detailed written reply to your complaint, including suggestions for resolving the matter, within 21 days of sending you the acknowledgement letter.
- At this stage, if you are still not satisfied, you should contact us again and we will arrange for another partner or someone unconnected with the matter within the company to review the decision.
- We will write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons.
- Should you still not be satisfied with the outcome, you may have further redress with trade bodies or organisations of which we are members. Should this be the case we will provide you with information on how to further pursue your complaint directly with them.
10.1) Public Nature of Internet. Please understand that all information submitted on our cloud services shall be considered publicly accessible. Important and private information should be protected by Client. For example, Purple PC are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that Client may use.
10.2) Unsolicited Electronic Mail. The Client is expressly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. Although Purple PC will make reasonable efforts to alert Client to such activities and allow the Client an opportunity to the problem within a 12-hour period after discovery, Purple PC reserve the right to immediately deactivate the Client’s use of our services, if we PC discover such activity. Further, the Client agrees to indemnify and hold Purple PC harmless from any claim resulting from Client’s use or distribution of electronic mail services through the service provided through this Agreement.
10.3) Governing Law and Solicitor’s Fees. This Agreement will be interpreted and applied in accordance with English Law, without regard to the conflicts of law provisions. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and solicitors’ fees, whether or not a suit is actually filed.
10.4) Control and Ownership of IP. Purple PC maintains and controls ownership of all IP numbers and addresses that may be assigned to Client, and Purple PC reserves, in Purple PC’s sole discretion, the right to change or remove any and all IP numbers and addresses.
10.5) Resale of Services and Flow-down of Obligations. The Client may resell Hosting Services but you must first obligate any such resale to the same terms of this Agreement and incorporate into that resale all of Purple PC, including rights regarding content and activity.
10.6) Age. The Client certifies that they are a responsible adult of at least 18 years of age.
10.7) Transfer. Client may not transfer or assign this Agreement without the written consent of Purple PC.
10.9) Data Deletion. We reserve the right to delete All Client data from our systems where the contract has either been terminated, or as a result of non payment of a bill beyond the renewal date. This may also include the deletion of Client data from backups where available. If the Client wishes to terminate services but retain data beyond the Renewal date, they must notify us in writing 10 working days before the Renewal date. As costs may be involved Purple PC will provide a quotation for the additional service, that service must then be paid in full prior to the renewal date, or we reserve the right to delete the data at our earliest convenience.
11) Support Rates for work outside our contract terms.
11.1) Design Rates. £100.00 / hour, £500.00 / day, £1,500 / week, £4,500 / month. Minimum 1 hour per request.
11.2) Technical Support Uncovered Requested Support. £80.00 / hour. Minimum 15 minutes per incident.
11.3) Normal and Out of Hours Rates. Above “normal rates” in 10.1, 10.2, 10.3 and 10.4 apply during normal office hours from 9.00am to 5.30pm, Monday to Friday. For work between 5.30pm and 11.30pm, Monday to Friday, the rate is calculated at 1.5 times the normal rate. Work between 11.30pm and 9.00am, Monday to Friday, is calculated at 2 times the normal rate. All weekend work is calculated at 2 times the normal rate.