Terms of service
In this Agreement, unless the context requires otherwise, the following words shall have the following meanings:
"Abuse Complaint" is a complaint, either by CreeperHost or a third party, about the Client's use of the Services;
"Bandwidth" is the data transferred by the Client using the Services to other equipment on the Internet. For the avoidance of doubt, this includes transfer of data between the Services and other equipment hosted by CreeperHost;
"Control Panel" is the online portal that the Client may access at http://www.creeperhost.net or another address advised to the Client by CreeperHost from time to time;
"Engineer" is defined as a CreeperHost member of staff with competence in repairing or replacing the Hardware;
"Hardware" means the servers, firewalls, equipment, cabling and systems provided by CreeperHost in connection with the Services;
"IP" means Internet Protocol;
"IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
"Latency" is defined as the mean time for a packet to be transmitted between two points in the CreeperHost Network;
"Network Availability" is defined as the percentage of time the CreeperHost Network is contactable over a calendar month;
"Network Unavailable Time" is when a portion or the entirety of the CreeperHost Network is unavailable, and this affects the provision of the Services to the Client. Network Unavailable Time excludes Scheduled Maintenance, and those situations defined in the "Exclusions" section of the Network Service Level Agreeent;
"Notified Maintenance" means essential maintenance to be carried out by CreeperHost in relation to the Services, Hardware and/or Software, which has been notified to the Client;
"Packet Loss" is the number of packets, as a percentage, that do not reach their destination within the CreeperHost Network;
"Power Availability" is defined as the percentage of time the power is available over a calendar month;
"Quality" refers to two metrics, Latency of the CreeperHost Network and Packet Loss within the CreeperHost Network;
"CreeperHost Network" refers to CreeperHost?s routers, switches, cabling and other network equipment located in the UK and US responsible for connecting servers hosted by CreeperHost to the outside world;
"Response Time" is defined as the time from the Client making a Support Call to an Engineer commencing work on the Services;
"Schedule" means the schedules and/or Internet/telephone orders to this Agreement from time to time, describing the Internet related services requested by the Client including without limit details of the requested Bandwidth, Hardware and Software; "Scheduled Maintenance" is defined as maintenance necessary for the continued provision of service, including but not limited to network upgrades and security updates;
"Services" means the Internet related services described in any Schedule made hereunder and which are supplied or to be supplied by CreeperHost on and subject to the terms of this Agreement and any schedules made hereunder;
"SLA" means service level agreement;
"Software" means the computer software provided by CreeperHost in connection with the Services;
"Support Call" is defined as a telephone call by the Client to CreeperHost's telephone number, published on www.creeperhost.net;
The Services shall be as described in this Agreement and any associated Schedules. All Schedules shall be deemed to be an offer from the Client and shall only be deemed accepted by CreeperHost when counter-signed by an authorised representative of CreeperHost. In the event of any conflict between any provision in this Agreement and those in the Schedule then the provision in the Schedule shall prevail.
The Client, where the Client an individual, or the person entering into this Agreement on behalf of the Client, where the Client is an entity, warrants that they are 18 years of age or older, and capable and authorised to enter into this Agreement.
CreeperHost reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. CreeperHost shall endeavour to give the Client reasonable notice of such modifications but this may not always be possible and CreeperHost shall not be liable to the Client or to any third party for any such modification or any failure to give such notice CreeperHost reserves the right at its sole discretion to suspend any or all of the Services (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following (each of the following shall be a "Suspension Events"):
(i) Notified Maintenance;
(ii) issue by any competent authority of an order which is binding on CreeperHost and which affects the Services and which can only be dealt with properly by suspension of the Services;
(iii) if the Client fails to pay any amounts due under this Agreement when they are due; (iv) if any events occur which would entitle CreeperHost to terminate this Agreement;
(v) the Bandwidth used by the Client in relation to the Services exceeds the agreed level and CreeperHost determines in its sole discretion that such suspension is necessary to protect all and any Internet solutions provided by CreeperHost from time to time.
It is the Client?s responsibility to keep the server security and software up to date. Whilst CreeperHost will make reasonable attempts to keep services secure the limitation on lability resulting in any breach, wether preventable or not, will be limited to the amounts described within the DISCLAIMER section of this agreement.
The Client is liable for any legal contracts or end user license agreements as a result of any third party software installed by The Client. In the event of a server crash, once notified, CreeperHost will endeavour to reboot the Client?s server as soon as possible but offer no timed guarantee. The Client may have access to an automatic reboot switch, in which case an instantaneous reboot may be possible. CreeperHost make no guarantee as to the functionality of the reboot switch, but will make all reasonable endeavours that the reboot switch is functioning properly.
It is the Client?s responsibility to maintain and to enter a contact email address, postal address and telephone number for the Client on the Control Panel, and to ensure such contact details are current and up to date at all times. CreeperHost may provide the Services to the Client from verbal or email order received by it from any authorised person. A person shall be an authorised person for the purpose of this clause if his name is listed at the time of order on the Control Panel.
This Agreement together with the Schedule constitutes the whole and only agreement and understanding between the parties relating to its subject matter and supersedes and extinguishes any drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter of this Agreement whether existing prior to or at the same time as this Agreement. The Agreement will be on these conditions only, to the exclusion of any other terms and conditions (including any terms and conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document). The Client?s terms and conditions shall not apply to this Agreement.
Distance Selling Regulations
Under Regulation 10 of The Consumer Protection (Distance Selling) Regulations 2000, the Client may have the right to cancel this Agreement for seven working days after the day after this Agreement has been concluded. However, it is agreed between CreeperHost and the Client that the Services may commence before the end of that cancellation period, and then the Client will lose the right to cancel from the date that CreeperHost provides the Client with the access details of the Services.
Offers and Coupons
At CreeperHost, we often provide coupons or special offers to our customers, for a full list of terms and conditions on an offer or coupon, please open a support ticket to our Pre-Sales department clearly requesting a full list of terms and conditions on the coupon code or offer you wish to use.
Domain names are not owned by yourself, but ownership is retained by CreeperHost.net and usage is allowed for the life of the package existing at time of order
Exceptions can be made at the discression of CreeperHost management to allow transfers out, or to allow the domain to be pointed to an IP of your choice
Duration and Termination
This Agreement shall come into effect upon the date of this Agreement and, subject to the provisions of this Agreement shall continue in force for an initial term of 1 month from the date the Services are available to the Client and indefinitely after that until terminated by either party giving not less than one (1) week prior written notice to expire on or after the expiry date of the initial term, or one (1) month prior written notice to expire on or after the expiry date of a dedicated server.
Without prejudice to any other rights to which CreeperHost is entitled, CreeperHost may give notice in writing to the Client terminating this Agreement with immediate effect if:
1) the Client commits any material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 5 days of being notified of the breach;
2) an order is made or a resolution is passed for the winding up of the Client;
3) an order is made for the appointment of an administrator to manage the affairs, business and property of the Client or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the Client or notice of intention to appoint an administrator is given by the Client or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act (1986)) a receiver is appointed of any of the Client?s assets or undertaking or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the Client or if any other person takes possession of or sells the Client?s assets;
4) any abusive or aggressive behaviour, or behaviour belittling our software our services in support tickets or similar communication will result in suspension, followed by termination if repeated.
5) the Client makes any arrangement or composition with its creditors or makes an application to a court of competent jurisdiction for the protection of its creditors in any way;
6) there is a change of the ability to direct the affairs of the Client whether by virtue of the ownership of shares, contract or otherwise of the Client;
7) the Client purports to assign its rights or obligations under this Agreement.
For the avoidance of doubt and without limitation, a breach of any of any of the payment provisions contained in this Agreement, or a breach of the Acceptable Use Policy is a material breach for the purposes of this Agreement. Refunds outside the 7 day period stated in the distance selling regulations above will be given only at the discretion of CreeperHost and generally not offered unless there are extranious circumstances. CreeperHost is the sole entity that defines the conditions under which a refund will be offered.
Support and Maintenance
Maintenance and support shall not include services for problems arising out of (a) tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by persons other than CreeperHost or its authorised representatives; or (b) software programmes or hardware supplied by the Client. The Client shall document and promptly report all errors or malfunctions of the Services, Hardware or Software to CreeperHost. The Client shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from CreeperHost provided the procedures specified are reasonable.
The Client shall maintain a current archive copy of all software and data, and shall properly train its personnel in the use of the Services, Hardware and Software. Any problems caused by the Client to the Services, (which include, but are not limited to, deletion of necessary operating system files, accidental or intentional infection by a virus/Trojan) may result in extra charges to The Client at £6* per 30 minutes, or part thereof. For any work that will take more than two hours we will seek prior authorisation from the Client by telephone, email, fax, or post.
The Client shall pay the price for the Services as set out in the Schedule. An initial payment is required before any set-up work is carried out. CreeperHost invoices for regular payments monthly in advance, unless otherwise agreed in writing. The price for the Service covers Bandwidth as stated in the Schedule. If the Client exceeds this limit then CreeperHost reserves the right to make additional charges for usage above the limit at its then prevailing charge rate. CreeperHost will endeavour to let the Client know if its bandwidth use exceeds the agreed level, however it is the Client?s responsibility to monitor the bandwidth being used by it from time to time using the Control Panel. All prices quoted to the Client for the provision of services by CreeperHost are exclusive of any value added tax (VAT) for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan comprising a set up fee, this fee is payable immediately. Where a long term contract is purchased, the set up fee is included within the total payment. The price and all other amounts due under the Schedule shall be paid by the Client by the due date as specified in CreeperHost?s invoice. Failure to pay by the due date will result in server supsension across one or all rented services. After 3 (three) days the service and data will be terminated. Time for payment shall be of the essence. Payment shall only be deemed received by CreeperHost upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any grounds. Should a payment be taken back, via a chargeback or similar, CreeperHost reserves the right to terminate all accounts and services without warning. CreeperHost reserves the right to suspend the Services in case of late payment. Any exercise by CreeperHost of its right to suspend the Services in the case of late payment shall be without prejudice to any other of its rights under this agreement. Notwithstanding suspension of the Services by CreeperHost the Client shall continue to pay the price for the Services in accordance with the terms of this Agreement until this Agreement is terminated in accordance with the terms of this Agreement. CreeperHost understands and will exercise its statutory right to interest and debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 if not paid according to agreed terms.
Late payment of one or more services will effect ALL services on the account.
CreeperHost reserves the right to send overdue accounts to a debt collection agency. All charges involved in the collection of overdue accounts will be payable by the Client.
Service Level Agreement
This SLA applies to Services where the agreement for the Service specifically references this SLA. The objective of this SLA is to document the availability of the Service that CreeperHost is to achieve. This does not constitute any additional liability to CreeperHost, but instead a self-assumed obligation towards the Client. Under the conditions below CreeperHost offers to pay the Client service credits if the availability defined below is not met. CreeperHost shall guarantee the availability will be 99% in any calendar month, subject to exclusions as defined below. If CreeperHost fails to meet this guarantee a credit shall be available to the Client as defined below. The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by: -
Outage periods due to any cause other than faults by CreeperHost, including faults or negligence of the Client or problems associated with equipment connected on the Client?s side of CreeperHost delivery point,
- In case that the Client?s equipment should cause negative effects on the performance, quality and/or operation of the CreeperHost Network, CreeperHost will proceed to disconnect the link, for benefit of the rest of users of the CreeperHost Network. This disconnection won? be cause of penalty under the SLA. CreeperHost will notify the Client as soon as possible about this issue in order for the Client to repair the problems.
- Outage periods reported by the Client in which no fault is observed or confirmed by CreeperHost,
- Any fault period during which service is suspended under provision in this Agreement,
- Downtime when CreeperHost technical staff cannot have access, when the Client is requested to do so for the purpose of investigating the problem and restoring the service, to Client premises and equipment pertaining to the service in case the service should include the management of equipment on the customer site by CreeperHost,
- The Clients services are suspended due to billing or abuse related issues
- The Client requesting CreeperHost to test Client connection although no fault has been detected and/or reported by CreeperHost, - The Client requesting CreeperHost to upgrade the capacity of the service, if this operation results in an outage.
- During Scheduled Maintenance affecting the Services as defined above.
- Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the Client?s network or executed against users inside the Client?s network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client?s responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients. Nevertheless CreeperHost is available to support the customer by implementing appropriate measures on the CreeperHost Network, such as limiting on ICMP bandwidth, rate limiting over clients ports, implementing filters or black-holing routes. Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from CreeperHost applies in case of Force Majeure. Should the Client not have access to the Services as defined above, CreeperHost shall credit the Client 0.5 days service credit for each 1 hour downtime below the contracted amount, when the service is not available, subject to a maximum credit in any one month of 50% of the monthly fee for the contracted service. The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying CreeperHost within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against CreeperHost for any non-availability of the Services.
CreeperHost is not in a position to assess any consequential loss which the Client may suffer as a result of any failure of the Services, or any other default on the part of CreeperHost and it would be impractical and uneconomic for CreeperHost to insure against such liability. Accordingly it is the responsibility of the Client to properly assess any consequential loss that it and/or its clients may suffer and to obtain and maintain adequate insurance in relation to such losses. The Client shall also ensure that it has adequate insurance cover in relation to any loss or damage which may be caused to CreeperHost and/or its clients through the negligence or default of the Client, its employees, agents, or equipment. The Client shall, as and when requested, provide CreeperHost with such evidence as CreeperHost may require in relation to the Client?s insurance.
The Client agrees to fully indemnify and keep CreeperHost, its subsidiaries, affiliates, officers, partners and employees fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following:
(i) the Clients breach of this Agreement or its negligence or other act, omission or default;
(ii) the operation or break down of any equipment or software owned or used by the Client but not the Hardware and/or Software;
(iii) the Clients use or misuse of the Services;
(iv) the Client infringing (whether innocently or knowingly) third party rights (including without limit IPRs).
Nothing in the Agreement shall exclude or limit the liability of CreeperHost for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of CreeperHost. The Client acknowledges that the allocation of risk in this Agreement reflects the price paid for the Services, Hardware and Software and that it is not within the control of CreeperHost how or for what purposes they are used. If any exclusion or limit of liability in this Agreement is held to be invalid and CreeperHost becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by the Client for the Services. CreeperHost shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf. No action, claim or demand arising out of or in connection with this Agreement may be brought by the Client against CreeperHost more than one year after the cause of action has occurred. CreeperHost is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond those already supplied. Neither CreeperHost nor anyone else who has been involved in the creation, production or supply of the Services, Hardware or Software shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this Agreement or the Services, Hardware or Software for any:
(i) economic loss of any kind whatsoever, or
(ii) loss of profit, data, business contracts, revenues or anticipated savings, or
(iii) damage to the Client's reputation or goodwill, or
(iv) loss resulting from any claim made by any third party, or
(v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify CreeperHost from and against any claim which may be made against CreeperHost in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to the Client.
Governing Law and Jurisdiction
This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to it or its formation, shall be governed by and construed in accordance with the laws of England. The parties irrevocably submit to the exclusive jurisdiction of the courts of England to hear and determine any suit, action or proceedings or settle any disputes arising out of or in connection with this agreement and to enforce any judgment against their respective assets.
(*) 6 GBP per 30 minutes is reserved for VPS services, dedicated server rates start at 12 GBP per 30 minutes for work undertaken due to physical access requirements.
We will routinely update this and ask people to check back regularly