Terms & Conditions

1.   Standard Terms and Conditions

By signing up with Datacentreplus (which is a trading name of Sandyx Systems Ltd, and hereinafter referred to as ‘Datacentreplus’) for any of the services listed below, you accept that you (or an organisation that you are acting for) is entering into a binding contract with us and that you accept these Terms and Conditions, including the Acceptable Use Policy.

These Terms and Conditions may be varied by us from time to time and it is your responsibility to ensure that you are aware of the changes. Any significant changes will be communicated to you directly.

Datacentreplus provides a number of services from our Manchester Data Centre.

Dedicated Servers: Units that are built to our high specification or to a client’s bespoke requirements.

Colocation: Provision of space, power, cooling, and physical security for the server, storage, and networking equipment.

Backup & storage: The provision of hardware and connectivity to enable remote storage and retrieval of client data.

The Service Level Agreement outlined in this document will apply to all customers where the above services are being provided by Datacentreplus.

2. Technical Support

Datacentreplus Normal Helpdesk Hours

Monday to Friday

8:00 am – 6:00 pm

How to contact us – support@datacentreplus.co.uk. For any issue requiring immediate attention – 0161 464 6101

3.  SLA

Fully Managed Dedicated Servers

Our fully managed customers benefit from our priority SLA with faster response times and enhanced support for server issues relating to software and configuration.

All our fully managed servers benefit from the below additional services

• Managed Backups
• Managed Firewall
• Managed Antivirus
• Control Panel
• Patch Management
• Advanced Monitoring
• Vulnerability Scanning

We offer more comprehensive support packages tailored to your requirements, please contact us for more details.

SLA for Un-Managed Dedicated Servers

Our standard SLA provides fast response times. Datacentreplus will ensure power and connectivity to your servers is available at all times

4. Managed Servers

•  Managed servers include up to 8 hours of assistance per month.
• The backup of your chosen file/folders is included in the managed server package. Any restore activity will be charged at our standard hourly rates.
• It is expected the customer will follow best practices to limit any security risks, malware and SPAM.
• It is the customer’s responsibility to ensure any custom applications are compatible with the latest OS versions and patches.

5.   Hardware Guarantee

Parts and labour is included with all dedicated servers – we will replace any failed component at no additional cost to the customer.

*This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems, processors and applications.

In the event of a hard drive failure, we will give you reasonable assistance to recover data but please be aware that it may not be possible to restore data and it is your responsibility to backup data.

Please speak to one of our advisors for backup options that we can provide.

6.   Access for Co-Location Customers

Access to the data centre is available to customers that have a quarter, half or full rack hosting contract with us only.

• The Customer shall give to Datacentreplus not less than 24 hours notice for routine visits during normal opening hours. Notice must be provided by raising a support ticket requesting access.
• Access only available for pre-authorised personnel.
• Emergency on-site access is available 24×7 subject to fair usage and is limited to quarter, half and full rack customers.
• Emergency out of hours access to be arranged by raising a support ticket or calling the out of hours support number.
• All out of hours access will be supervised by Datacentreplus engineers.

Data centre access outside normal office hours is intended to facilitate emergency work and should not be used for routine work.

On some occasions, we may not be able to grant the customer access to the datacentre at a particular time, for example, if we are carrying out maintenance work. Datacentreplus also reserves the right to refuse access on grounds of health and safety. In such circumstance’s customers will be compensated by Datacentreplus providing additional remote hands.

7.   Remote Hands Service

Our Remote Hands service covers assistance with the following items:

• Server reboots
• CDROM connect/disconnect
• Cable checks and moving network cables.
• Checking/relaying diagnostics information back to the customer.

If you require services outside of the above (for example, installation of software), we can provide this as part of our Additional Services, which is chargeable. Please contact your account manager or our help desk for further information.

8.   Credit for SLA breach

Where Datacentreplus is unable to maintain the agreed SLA with the customer the below service credits will apply.

9.   Network Guarantee

Datacentreplus provides a 99.99%* connectivity Guarantee for all Data Centre customers.

*Network unavailability will not include service loss which is caused by:

a) Scheduled Network Maintenance
b) Acts or Omissions of the Client
c) Use of any software applications by the Client
d) Client Equipment failure or incorrect set-up.
e) Use of the service that is in breach of our Terms and Conditions or Acceptable Use policy.
f) Unavailability of third party telecom provider services.
g) Actions of third parties which are beyond the reasonable control of Datacentreplus.
h) Reasons of Force Majeure or situations beyond the reasonable control of Datacentreplus.

10.   In Contract Adjustments

Datacentreplus reserves the right to make adjustments to in-contract prices due to third party increases.

(a) Power
Datacentreplus shall pass on to the Customer the cost of any increase in the cost of power supplied to us, to a maximum increase of a sum equivalent to 12.5% of the annual Charges for Services within the initial term, with 30 days notice being provided.
(b) 3rd Party Software Licenses
Datacentreplus shall pass on to the Customer the cost of any increase in the cost of any 3rd party software licenses within the initial term, with 30 days notice being provided.
(c) Annual Price Increase
Datacentreplus reserves the right to include an annual increase to recurring service costs. The increase will be a percentage comprised of the annual percentage increase in the Consumer Price Index (CPI) rate figure published by the Office for National Statistics in September of the previous year plus 3%. If applicable the Annual Price Increase will take effect on bills dated on or after the 1st of January of each year. If the CPI figure is negative in the relevant month, the increase in service costs will be limited to 3%.

Any service costs increase as a result of Power, Software licenses or Annual Price Increases will not give you the right to terminate the contract without paying termination charges.

11.   Maintenance

Datacentreplus will provide customers 5 working days notice for any Datacentreplus scheduled maintenance. Services may not be available during the maintenance periods. In certain circumstances emergency maintenance may need to be performed by Datacentreplus or a third party supplier. Datacentreplus will customers provide as much notice as possible where emergency maintenance is required.

12.   Client Responsibilities:

All customers of Datacentreplus are required to ensure that they fulfil the below responsibilities. This is not an exhaustive list, further customer responsibilities are detailed in our acceptable use policy.

•  It is the client’s responsibility to set up their systems, so you do not harm the integrity or security of our infrastructure. Failure to conform to this may result in restriction of service or, if constantly flouting the terms and conditions, may result in suspension of services and cancellation of the contract. This includes the sending of so-called ‘spam’ material.
• The Client must not use the service for the hosting or dissemination of illegal material. The Client agrees to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, hard-core or paedophile pornography, defamatory, obscene or otherwise prohibited by law in the United Kingdom. The Client understands that breach of this may lead to investigation and possible prosecution by the relevant authorities.
• The Client must not gain or attempt to gain unauthorised access to any computer systems for any purpose. In addition to being a breach of this Agreement, such action may lead to criminal prosecution under the Computer Misuse Act.
• It is the Client’s responsibility to have adequate insurance in place for any equipment hosted with us.
• If the Client is a colocation customer, to exercise reasonable due diligence and competence to ensure that equipment placement in cabinets do not pose a fire, electrical or accident risk.
• Any abuse or aggressive behaviour directed at Datacentreplus staff will not be tolerated and may result in suspension or even immediate termination of your services.
• For us to provide uninterrupted service, all invoices must be paid by the due date. We reserve the right to disconnect power and connectivity if payment is still outstanding for 7 days after the due date. Any server issues that arise as a result of disconnection due to non-payment of invoice(s) will only be responded to during office hours (Monday – Friday, 8am to 6pm and excludes public holidays) and our standard support SLA will not apply. Re-connection requests will only be processed after payment of outstanding invoices and an administration charge of £85 (+Vat). If you are a co-location customer, we additionally reserve the right to withhold access to remove your equipment until unpaid invoice(s) are paid and/or exercise the right to sell the equipment to recover our costs if invoice(s) remain unpaid for more than 45 days.
• Unless otherwise agreed, the client must ensure payment is made monthly by the due date of any invoice. Where the client is in breach of contract due to late and or non-payment of invoices, Datacentreplus reserves the right to invoice for the remaining term of the contract in advance and prior to resumption of services.
• Any contracted services shall be automatically extended for one additional year upon expiration of the initial term, unless the Client provides written notice of its desire not to automatically renew. The Client must provide notice at least 30 calendar days before the expiration of the initial term.
• The Customer is responsible at all times for ensuring that server and/or other hardware specifications are adequate and suitable for their needs, including software compatibility, and any advice given by us should be seen as guidance only and should not be solely relied upon.

13.   Resale of Services

The services we provide are intended for use by the account holder and you will remain the account holder.  If you resell these services to 3rd parties then you also accept responsibility for ensuring that all end users comply with our Acceptable Use Policy. We will not accept any loss or liability to you or any 3rd parties for losses arising from you reselling our services.

14.   Cancellation

You may cancel any service you have with us by giving us a minimum of 30 calendar days’ cancellation notice.  If you have signed up to a minimum contract (anything more than 1 month), then cancellation before the expiry of the minimum term will result in your still having to pay for the remainder of the term.  All cancellation notices MUST be sent in writing (email is acceptable) to:  Accounts, Datacentreplus, 4 Carolina Way, Manchester, M50 2ZY or accounts@datacentreplus.co.uk.”  We reserve the right to restrict access to the data centre in the event of overdue invoices and/or non-payment of final invoices.

15.   Liability

• If Datacentreplus has failed to provide the agreed services, the maximum liability in respect of such loss shall not exceed the amount of the payment made by the Client to Datacentreplus in respect of the charges for the Services.
• Under no circumstances can Datacentreplus be held liable for 3rd party, special, indirect or consequential losses – these include (but is not limited to) costs, damages, charges or expenses due to loss of revenue, profits, goodwill, opportunity and loss of use.
• The Client shall indemnify Datacentreplus against all losses and damage costs incurred or suffered by us as a result of the Client’s or its agents, employees or sub-contractors breach of any of the obligations of the Client.
• Datacentreplus will not be liable for any breach or loss of data suffered by a Client as a result of unauthorised access by others, except where such access is committed as a result of unauthorised or fraudulent actions by our employees or agents. It is strongly recommended that Clients implement their own firewall and/or additional security measures as may be appropriate, including encryption of sensitive data.
• Datacentreplus will incur no liability for loss as a result of our compliance with a court order.
• Datacentreplus will incur no liability as a result of loss or corruption of any data or content stored on our servers for any cause whatsoever, except where such loss is committed as a result of unauthorised or fraudulent actions by our employees or agents.  It is the Client’s sole responsibility to ensure there is adequate data backup, except where we have agreed otherwise in writing.
• If you are a colocation customer, it is your responsibility to adequately insure your equipment.
• Datacentreplus will use reasonable endeavours to supply the services to you as agreed and time shall not be of the essence. If there are any delays, we will keep you informed and provide timely updates.
• In the event of loss of or damage to your data relating to a failure in our systems or servers, we will make reasonable commercial efforts to assist you with restoring your data. Where backup is not managed by Datacentreplus, you accept full responsibility for maintaining adequate backup copies of your data.
• In the event of loss of or damage to your data arising from a security breach, ransomware attack or if the server is compromised in any other way, we will make reasonable commercial efforts to assist you in mitigation and/or restoration of data. You acknowledge that in some severe cases of server security breach, our assistance will be limited to a rebuild of the server and/or data restoration and this may be on a chargeable basis.
• Force Majeure: Datacentreplus shall not be liable for any delay or failure in performing its obligations that is caused by a Force Majeure Event or any other event that is beyond its reasonable control.  These include (but are not limited to): act of god, act of parliament, civil disturbance or terrorism, earthquakes, hurricanes, plagues or epidemics.

16.   Definitions

Hardware – Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with any server supplied by us.

Network Infrastructure – All routers, switches and cabling inside the Data Centre. Network infrastructure is defined as the portion of the network extending from the outbound port on your cabinet switch to the outbound port on the border router.

Availability – Means the monthly percentage of time during a calendar month during which the Service is not subject to an outage

Outage – Means the accumulated time for which Datacentreplus Infrastructure or component is not functional or available to an extent that materially impairs Customer’s ability to use the Service.

An Outage will commence when Datacentreplus opens an incident in its ticketing system, whether as a result of Datacentreplus monitoring or notification from the Customer and ends when the incident is resolved.

SLA Credit – Means an amount deducted from fees billed to Customer in the event of a Service Level Failure set forth in this SLA.