Cyber Interactive
Service Level Agreement
Strictly Confidential. Copyright 2009 Cyber Interactive Ltd. 67 Malting's Place, 169 Tower Bridge Road, London. SE1 3LJ tel: +44(0)207 015 9007 fax: +44(0)207 378 1932 email: info@cyb.co.uk web: www.cyb.co.uk Cyber Dedicated Managed Hosting Services 2009/10: Service Level Agreement:
1. Fully Managed Dedicated Hosting
Cyber Interactive Ltd is a provider of Internet related services included but not limited to email hosting, virtual hosting, dedicated servers, managed dedicated hosting, co-location, and domain name services, and the Client may from time to time require such services. This agreement sets out the level of services which has been agreed between Cyber Interactive Ltd and the Client for the provision of such Internet services. This Service Level Agreement accompanies our Dedicated Hosting Contract.
- 99.95% connectivity guarantee
- Instant hardware reboot (dependent on contract)
- Bandwidth guarantee (Monitored)
2. 99.95% connectivity Guarantee
We guarantee that our network will be available at least 99.95% of the time (even though our redundant equipment and advanced data centre normally provides 100% connectivity.
3. Hardware Failure Guarantee
Should the hardware in any dedicated server that we provide fail, then we shall repair or replace the hardware in question within a reasonable time (Normally 1 Hour), after our technician confirming that a hardware fault is present.
4. Hardware Reboot
If your server stops responding we appreciate you need to get it rebooted as quickly as possible. All Servers are continually monitored for any unexpected downtime and therefore re-boots are usually immediate.
5. Price Guarantee
Once you have signed up for a 12-month agreement the price you pay is fixed and we promise not to increase your subscription during this period.
6. Capacity Guarantee
Most hosting companies oversell their bandwidth by an average ratio of as much as 8:1. If all their customers started to use the bandwidth they were paying for, their network would become flooded and as a result the servers would be very slow to access. At Cyber Interactive Ltd we guarantee to have a minimum of a 1:1 contention ratio on bandwidth. This means our network is never oversubscribed. For good and valuable consideration, the parties agree as follows:
7. Services
Subject to the terms and conditions of this Agreement, CYBER INTERACTIVE Ltd will provide to Customer the Web hosting and/or related services described in the plan selected by Customer from CYBER INTERACTIVE Ltd then published list of services offered from time to time ("Services"). The specific plan of Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and CYBER INTERACTIVE Ltd. Customers must be over 18 years of age. CYBER INTERACTIVE Ltd reserve the right to ask for proof of age (in the form of a valid passport or photo driving licence) and to carry out checks to verify the information provided.
8. Term
The initial term of this Agreement shall be as stated in the Contract ("Initial Term"). The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until CYBER INTERACTIVE Ltd receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges CYBER INTERACTIVE Ltd reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by CYBER INTERACTIVE Ltd.
After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term."
9. Fees and Payment
All fees for Services rendered or provided to Customer shall be in accordance with CYBER INTERACTIVE Ltd pricelist then in effect, the terms of which are incorporated herein by reference.
Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Customer will receive an invoice by email for the charges for the basic Services rendered or provided by CYBER INTERACTIVE Ltd for such renewal period, plus any additional Services rendered or provided by CYBER INTERACTIVE Ltd to Customer for the preceding month of the Term, and any other charges or fees then due hereunder. Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received by CYBER INTERACTIVE Ltd within thirty (30) days after date of invoice, CYBER INTERACTIVE Ltd may impose a debt service charge equal to four percent (4%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due CYBER INTERACTIVE Ltd remains unpaid thirty (30) days after presentation of an invoice to Customer, CYBER INTERACTIVE Ltd, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of CYBER INTERACTIVE Ltd) shall be paid by Customer. No refunds will be given if Customer applies for a .ltd.uk or .plc.uk domain without giving the correct Company Registration number.
10. Content and Customer's responsibility
CYBER INTERACTIVE Ltd will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. CYBER INTERACTIVE Ltd shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.
11. No Warranty
Customer agrees to use all CYBER INTERACTIVE Ltd' Services and facilities, and any information obtained through or from CYBER INTERACTIVE Ltd, at Customer's own risk. Customer acknowledges and understands that neither CYBER INTERACTIVE Ltd, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. CYBER INTERACTIVE Ltd specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
12. Prohibited uses
Customer shall not use, nor permit the use by any person of, Customer's Web space or any part thereof, including any links to other Web space, in violation of CYBER INTERACTIVE Ltd' "Usage Policy" provided herewith.
13. Limited Liability
Under no circumstances, including negligence, shall CYBER INTERACTIVE Ltd, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to CYBER INTERACTIVE Ltd' records, programs or services. CYBER INTERACTIVE Ltd further shall have no responsibility whatsoever to Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.
14. Indemnification
Customer shall defend, indemnify, save and hold CYBER INTERACTIVE Ltd harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against CYBER INTERACTIVE Ltd, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.
15. Termination
This Agreement may be terminated: (i) by either party, without cause, by giving the other party 90 days prior written notice; (ii) by CYBER INTERACTIVE Ltd, at any time, upon 20 days' prior notice if in the sole judgment of CYBER INTERACTIVE Ltd, Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days; (iii) by CYBER INTERACTIVE Ltd in the event of non-payment by Customer as provided in Paragraph 3 above; and (iv) by CYBER INTERACTIVE Ltd, at any time, without notice, if, in CYBER INTERACTIVE Ltd' sole judgment, Customer is in violation of any terms or conditions of CYBER INTERACTIVE Ltd' Usage Policy. If domain name is transferred or cancelled, a fee of twelve pounds ninety-nine pence plus VAT will be charged. The transfer or change of handle/tags will not take place until payment has been received in full.
16. Additional Terms and Conditions
Customer hereby acknowledges that it has received and reviewed a copy of CYBER INTERACTIVE Ltd' "terms and conditions" provided herewith and that the terms of the terms and conditions are incorporated herein by reference. CYBER INTERACTIVE Ltd reserves the right to amend this Service Agreement and the terms and conditions from time to time and Customer shall be bound by any such amendments. Customer shall have the obligation to periodically visit CYBER INTERACTIVE Ltd' Web site to review its terms and conditions and to make certain Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the terms and conditions, the terms of the terms and conditions shall govern.
17. Notice
All notices must be sent either in writing or by email, except as otherwise expressly provided herein that a notice must be in writing. All notices to CYBER INTERACTIVE Ltd shall be delivered to its address stated above or its email address as provided. All notices to the Customer shall be delivered to its mailing address or its email address as provided on the Order. The parties may change their respective address by notice delivered to the other party. All notices delivered in writing must be sent either by overnight courier or certified mail, return receipt requested. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.
18. Miscellaneous
This Agreement sets forth the entire agreement between CYBER INTERACTIVE Ltd and Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. Customer may not transfer or assign this Agreement without CYBER INTERACTIVE Ltd' prior written consent. This Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of CYBER INTERACTIVE Ltd's services.
© 2012 Cyber Interactive Ltd.


