The necessary legals: when you order a 1st Easy service through our site, by telephone or post, it is understood that you agree with our terms and conditions, which we've set out below.
If you have any questions about our terms of service, please do contact us.
- 1.1 In the Agreement the following expressions shall apply (save where context otherwise requires):
- 1.1.1 "1st Easy" means 1st Easy Limited.
- 1.1.2 "Hosting Service" means the service selected and ordered by the Client, be it web hosting, virtual shared server, virtual dedicated server or dedicated server service.
- 1.1.3 "Effective Date" means the date at which this contract is entered into, through the ordering of 1st Easy Hosting Service.
- 1.1.3 "Monthly Hosting Fee: means the regular monthly payment amount due by Client to 1st Easy, as payment for the providing of the Hosting Service.
- 1.1.4 "SLA" means 1st Easy's 100% uptime Service Level Agreement as defined in Section 11.
- 1.1.5 "Client Data" means all supporting data files and data structures uploaded by the Client onto the Hosting Service .
- 1.1.6 "Unmetered Bandwidth" means that 1st Easy does not actively measure bandwidth usage of each Virtual Dedicated Server and Dedicated Server Client.
- 1.1.7 "Physical Server" means the server hardware, operating system (Linux or Windows, as ordered by Client), and software necessary to operate and support the Hosting Service in accordance with this Agreement.
- 1.1.8 "Dedicated Server Service" means the entire Physical Server necessary to operate and support the Dedicated Server Service in accordance with this Agreement.
- 1.1.9 "VMware Cloud Server Service" means the fixed portion of CPU, memory and disk drawn from a resource pool, and allocated to Client as a cloud server platform in accordance with this Agreement.
- 1.1.10 "Cloud Server Service" means the virtual machine instance on 1st Easy's VMware Cloud platform, allocated to Client as a virtual server platform in accordance with this Agreement.
- 1.1.11 "Virtual Shared Server Service" means the variable portion of a Dedicated Servers CPU, memory and disk, allocated to Client as a virtual server platform in accordance with this Agreement.
- 1.1.12 "Web Hosting Service" means the service of web hosting entered into, provided on our shared server platform, be it web hosting, ruby on rails hosting, Miva Merchant ecommerce hosting, and associated software provisions provided to the Client.
- 1.1.13 "Windows" means Microsoft Windows operating system and associated additional Microsoft products, as selected and ordered by Client.
- 1.1.14 "Linux" means an operating system, of either RedHat, Centos, Ubuntu, Debian or Fedora, and associated additional software products, as selected and ordered by Client.
- 1.1.15 "Ticket and Telephone Support" means the provision of staff able to answer and respond to our support hotline and ticket management system.
- 1.1.16 "Maintenance" means the carrying out of physical or software related work on the Physical, Dedicated or Virtual server platform, in order to maintain correct and secure operation of the Hosting Service on the Internet.
- 1.1.17 "Downtime" means a period of time during which the Hosting Service is not available to the Client at operating system level and visible on the Internet.
- 1.1.18 "DCP" means 1st Easy's Domain Control Panel, which can be used by customers to register, modify and renew their domains.
2. Scope of Services
- 2.1 Physical Server. In all Hosting Service agreements, including Dedicated Server Service, 1st Easy owns the Physical Server and any associated software deployed to provide the Hosting Service.
- 2.2 Service Level Agreement (SLA). 1st Easy provides a SLA level of service with, and only with, Virtual Dedicated Server and Dedicated Server Services, as described in section 11.
- 2.3 Web Hosting Service. 1st Easy 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 1st Easy will make reasonable efforts to protect and backup data for Client on a regular basis, 1st Easy are not responsible for the Client Data residing on the Web Hosting Service. Client is ultimately and solely responsible for the backup of Client Data stored on a Web Hosting Service.
- 2.4 Shared Virtual Server Service. 1st Easy will provide the Shared Virtual Server Service, operating system, full administration access (including root access for Linux operating systems and Administrator for Windows operating systems), connection to the Internet and other related software to operate and support the Shared Virtual Server Service in a manner acceptable in the industry. 1st Easy will monitor the overall usage of the Physical Server is order to maintain reasonable performance of the Shared Virtual Server Service, however, Client agrees that this is a Shared service and as such, other Clients, may, from time to time, affect stability, performance or responsiveness of the Shared Virtual Server Service. Client will be provided with 10GB of remote backup storage at our secondary datacentre, allowing Client to backup data from their Shared Virtual Server. Client is ultimately and solely responsible for the backup of Client Data stored on a Shared Virtual Server Service.
- 2.5 Dedicated Virtual Server Service. 1st Easy will provide the Dedicated Virtual Server Service, including dedicated allocation of CPU Cores and Memory, operating system, full administration access (including root access for Linux operating systems and Administrator for Windows operating systems), connection to the Internet and other related software to operate and support the Dedicated Virtual Server Service in a manner acceptable in the industry. 1st Easy will monitor the overall usage of the Physical Server in order to maintain correct performance of the Dedicated Virtual Server Service. Client will be provided with 20GB of remote backup storage at our secondary datacentre, allowing Client to backup data from their Dedicated Virtual Server. Client is ultimately and solely responsible for the backup of Client Data stored on a Dedicated Virtual Server Service.
- 2.6 Dedicated Server Service. 1st Easy will provide the Dedicated Server Service, including entire allocation of the Physical Server, operating system, full administration access (including root access for Linux operating systems and Administrator for Windows operating systems), connection to the Internet and other related software to operate and support the Dedicated Server Service in a manner acceptable in the industry. 1st Easy will monitor the overall usage of the Physical Server is order to maintain correct performance of the Dedicated Server Service and provide network performance monitoring and remote power cycling access to Client. 1st Easy will guarantee no other Client shall use, or have access to that Physical Server. Client will be provided with 20GB of remote backup storage at our secondary datacentre, allowing Client to backup data from their Dedicated Server. Client is ultimately and solely responsible for the backup of Client Data stored on a Dedicated Server Service.
- 2.7 VMware Cloud Server Service. 1st Easy will provide the VMware Cloud Server Service, including allocation of CPU Cores and Memory, operating system, full administration access (including root access for Linux operating systems and Administrator for Windows operating systems), connection to the Internet and other related software to operate and support the VMware Cloud Server Service in a manner acceptable in the industry. 1st Easy will monitor the overall usage of the supporting infrastructure (resource pool) in order to maintain correct performance of the VMware Cloud Server Service. Client will be provided with 20GB of remote backup storage at our secondary datacentre, allowing Client to backup data from their VMware Cloud Server. Client is ultimately and solely responsible for the backup of Client Data stored on a VMware Cloud Server Service.
- 2.8 Hosting Service Connection and Access. 1st Easy Limited 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. 1st Easy will make best efforts to provide uninterrupted connection and access, except for scheduled maintenance downtime and any interruption to connection and access beyond 1st Easy's control caused by, for example, acts of nature, third-party equipment or transmission failures, or security breaches.
- 2.9 Ticket and Telephone Support. 1st Easy will provide managed ticket and telephone support to Hosting Service clients for the identification of faults and resolution of issues. Shared Hosting and Shared Virtual Server Service Clients will be provided this service between an during our extended office hours of 8.00am to 6.30pm, Monday to Friday. Virtual Dedicated Server and Dedicated Server Service Clients will be provided this service on a 24/7/365 basis. Additional support and professional services can be purchased at the current rate, as described in section 10.0.
- 2.10 Maintenance Services. 1st Easy will perform maintenance services as 1st Easy determines reasonably necessary to maintain the continuous operation of the Hosting Service. Client agrees to periodically scheduled Maintenance and possibly Downtime. 1st Easy will provide 2 weeks prior notice of the Maintenance and/or Downtime, except when circumstances beyond 1st Easy's control which limit 1st Easy's ability to do so.
- 2.11 Client Access Equipment and Software. Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Hosting Service. 1st Easy make no representations, warranties, or assurances that Client's equipment will be compatible with 1st Easy's service.
- 2.12 Client Data Backups. 1st Easy will provide off site backup services for its managed virtual dedicated server and dedicate server clients, in the form of either weekly or daily backups, depending on what Client orders at the time of contract. For weekly backups, 1st Easy will allocate 20GB of off site storage space. For daily backups, 1st Easy will allocate 75GB of storage space. Further space will be made available as described in section 3.2 on a per gigabyte rate.
- 2.13 Unmetered Bandwidth. 1st Easy does not actively measure or cap bandwidth usage by Client. For Shared Hosting and Shared Virtual Server Clients, there is a fixed amount of bandwidth allocated and over usage, at 1st Easy's discretion, may be charged in accordance to section 3.3. For Virtual Dedicated Server and Dedicated Server Service Clients, there is no limit defined (unlimited bandwidth) and Client is free to use bandwidth at will, however, in extreme usage cases, exceeding 2Mbps as measured using 95th percentile industry standard methods, 1st Easy have the right to throttle such usage, or charge Client for the amount of bandwidth being used, at rates as defined in section 3.3.
- 2.14 Domain Management. 1st Easy with provide the DCP for the convenience of Client, in order that Client may register, modify, renew or transfer in or out, domains at their leisure. The DCP will provide automated renewal warnings at 2 month, 1 month, 2 week and 1 week from renew date, sent to the registered address of Client in the DCP. No domains registrations, modifications, renewals or transfer out shall be processed manually by 1st Easy.
3.0 Payment Terms
- 3.1 Set-Up Fee. Client will pay to 1st Easy 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 1st Easy an annual, or monthly Service Fee for the services provided by 1st Easy 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, as displayed on 1st Easy's web site. For managed dedicated server clients, 1st Easy will provide 20GB of remote storage space for weekly backups, included within the Service Fee. For clients electing to order daily backups, this storage space is increased to 75GB. Should Client require further storage space in order to successfully run backups, this will be charged at £0.50 per GB per month of additional required backup space.
- 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 1st Easy. 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, the contract length is one year on all regular payment services and 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, ecommerce hosting, virtual servers or dedicated servers, and three months notice on colocation services. There is a termination fee of 50% of the remaining monthly service fees, after the notice period, up to the next contract anniversary. Notice of cancellation must be in writing to 1st Easy Limited's postal address. No refund shall be due on monthly or annual based services and 1st Easy will hold client against contract for the notice period monthly service fees and termination fee. In case of cancellation of managed cPanel service (dedicated/cloud server), client will be required to cover the cost of remaining annual cPanel license fees on a pro rata basis. Annual license fee for cPanel is £360+VAT. Example: client cancels after six months, resulting in required payment of £180+VAT.
- 3.5 Breach. Upon a breach of the agreement pursuant to clause 6.4, 1st Easy reserves the right to terminate service to Client. In the event 1st Easy 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 1st Easy.
- 3.6 Tax. These fees are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the services provided under this Agreement, except that Client's income taxes and any sales or similar taxes on the sale of the Client products and services to end users shall be the sole responsibility of the Client.
- 3.7 Delivery of Payment. Client will ensure necessary action is taken to pay invoices in full and as indicated in 3.2. 1st Easy reserves the right to cancel client services if payment is not received as indicated in 3.2.
- 3.8 Late Payment Charges: 1st Easy understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if 1st Easy 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).
- 3.9 In case of cancellation of managed cPanel service, client will be required to cover the cost of remaining annual cPanel license fees on a pro rata basis. Annual license fee for cPanel is £240+VAT. Example: client cancels after six months, resulting in required payment of £120+VAT.
4.0 Representations and Warranties
- 4.1 Compliance with Law. Client represents and warrants that Client will comply with all applicable state and federal laws Client's performance of this Agreement and in the use and operation of the Hosting Service and Virtual Server, including laws governing technology, software and trade secrets.
- 4.2 Authority to Contract. Client represents and warrants that Client has 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. Client represents and warrants that Client's 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 1st Easy Performance. 1st Easy represents and warrants that 1st Easy' services shall be performed in a professional and workmanlike manner, and the Hosting Service will be operated in accordance with 1st Easy' obligations as defined by this Agreement.
5.0 Disclaimer of Warranties
- 5.1 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, 1ST EASY 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 1st Easy Hosting Service and Virtual Server is at Client's own risk. Neither 1st Easy, 1st Easy 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 1st Easy make any warranty as to the results that may be obtained from the use of 1st Easy' Hosting Service or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through 1st Easy's service, unless otherwise expressly stated in this Agreement.
- 5.3 Limited Liability. Under no circumstances, including negligence, will 1st Easy, 1st Easy officers, agents or anyone else involved in creating, producing or distributing 1st Easy' Hosting Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use 1st Easy' Hosting Service. 1st Easy 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 1st Easy' records, programs or services. Client acknowledges that this paragraph shall apply to all content on the 1st Easy 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.
6.0 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, which ever 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 1st Easy 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 year's 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. 1st Easy retains a special lien on all of Clients personal property in 1st Easy' possession to secure any payment amount Client may owe to 1st Easy under this Agreement.
7.0 Ownership Rights
- 7.1 Ownership Rights. 1st Easy acknowledge that all right, title and interest in the Client Data shall be solely owned by the Client. 1st Easy owns or has licensed all server software. In the event that 1st Easy elects, at 1st Easy' option, to provide custom software to Client, this software will be licensed to Client for use only on 1st Easy' Hosting Service on a non-exclusive, royalty-free, fully-paid basis according to the terms of this Agreement. Client acknowledges that the Virtual server, other related hardware and software are the property of 1st Easy or its suppliers.
8.0 Inappropriate Conduct
- 8.1 Activities Subject to Immediate Deactivation. Any Hosting Service that is used for illegal, abusive or unethical activities may be immediately deactivated by 1st Easy without warning to Client. Illegal, abusive or unethical activities include, but are not limited to, obscenity, violations of privacy, anonymous proxy services, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, activities resulting in reduction or loss of server performance to other clients (including but not limited to effects of bulk emailing or mail bombing), as determined by 1st Easy. Client agrees to indemnify and hold 1st Easy and its suppliers harmless from any claim resulting from Client's publications or use of Illegal, Abusive or Unethical materials. Although 1st Easy will make reasonable efforts to alert Client to such activities and allow Client an opportunity to cure them within a 12-hour period after discovery. 1st Easy is not required to give notice before deactivating Client's use of 1st Easy's services if, in 1st Easy's discretion, Client's use is detrimental to server performance and is affecting other clients, or is or results in illegal, abusive or unethical activities. If a Hosting Service or Virtual Server is disabled, the regular annual fees still apply.
- 8.2 Alternative Name Server Operations. In order to protect the integrity of 1st Easy's networks, Client not using 1st Easy name server services agrees to allow 1st Easy access, at all times, to any name servers being used to point domains to 1st Easy's networks. If Client is unable to allow 1st Easy access to the name servers of a particular domain, then Client must change the name servers to those allocated by 1st Easy, or must stop pointing the domain at 1st Easy's networks. Failure to comply with these obligations may result in the domain pointing to 1st Easy's networks from being removed from our servers and may result in further legal action, to enforce Client to stop pointing such domains at our networks.
- 8.3 Mail Accounts Operations. Client agrees that the Hosting Service does not encompass long term storage of emails, due to file size build up and that if Client does not setup mail reading to delete emails held on the server once read in, 1st Easy have the right to remove such data from the server as part of its general maintenance and in order to maintain mail distribution operations. Client agrees to indemnify and hold 1st Easy and its suppliers harmless from any claim resulting from Client's loss of emails stored on the server.
- 8.4 Credit Card and Customer Sensitive Data. Client agrees not to store, or transmit to or from our servers over the Internet, sensitive customer data, including, but not limited to, credit / debit card, passport, bank account, health record, utility bill and other customer sensitive data, which if the server was exploited, could result in damage to Client's customers. If Client is running an ecommerce store from our servers, it is a mandatory requirement that they use an authorized payment gateway provider, such as RBS Worldpay, SagePay, Paypal, or others, to take such sensitive customer information and ensure such data is not transferred back to our servers.
- 9.1 Public Nature of Internet. Please understand that all information submitted on the Virtual Server shall be considered publicly accessible. Important and private information should be protected by Client. For example, 1st Easy 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.
- 9.2 Unsolicited Electronic Mail. 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 1st Easy will make reasonable efforts to alert Client to such activities and allow Client an opportunity to cure them within a 12-hour period after discovery, 1st Easy reserve the right to immediately deactivate Client's use of 1st Easy' services, if 1st Easy discover such activity. Further, Client agree to indemnify and hold 1st Easy harmless from any claim resulting from Client's use or distribution of electronic mail services through the service provided through this Agreement.
- 9.3 Governing Law and Solicitor's Fees. This Agreement will be interpreted and applied in accordance with the laws of England, 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.
- 9.4 Control and Ownership of IP. 1st Easy maintains and controls ownership of all IP numbers and addresses that may be assigned to Client, and 1st Easy reserves, in 1st Easy's sole discretion, the right to change or remove any and all IP numbers and addresses.
- 9.5 Resale of Services and Flow-down of Obligations. Client may resell Hosting Services but Client must first obligate any such resale to the same terms of this Agreement and incorporate into that resale all of 1st Easy, including rights regarding content and activity.
- 9.6 Age. Client certifies that it is at least 18 years of age.
- 9.7 Transfer. Client may not transfer or assign this Agreement without the written consent of 1st Easy.
10.0 Support Rates
- 10.1 Design Rates. £100.00 / hour, £500.00 / day, £1,500 / week, £4,500 / month. Minimum 1 hour per request.
- 10.2 Technical Support Uncovered Requested Support. £80.00 / hour. Minimum 15 minutes per incident.
- 10.3 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.
11.0 Service Level Agreement
- 11.1 SLA Service Level Agreement. 1st Easy provide a SLA to Cloud Server Service and Dedicated Server Service Clients. The objective of the SLA is to set parameters of quality of service for 1st Easy Clients and to compensate against shortfalls experienced by such Clients. 1st Easy aim to achieve 100% uptime within its SLA. Section 11.2 defines the compensation levels applicable, should such levels not be achieved.
- 11.2 SLA Compensation. 1st Easy aims to provide 100% SLA on uptime during any one month. Should downtime occur, resulting in the indicated percentage uptimes in the table below, the following compensation shall apply, subject to section 11.3:
Between 99.999% and 99.8% uptime, compensation shall be 5% of the Monthly Service Fee.
Between 99.799% and 99.7% uptime, compensation shall be 10% of the Monthly Service Fee.
Between 99.699% and 99.6% uptime, compensation shall be 15% of the Monthly Service Fee.
Less than 99.6% uptime, compensation shall be 20% of the Monthly Service Fee.
- 11.3 SLA Service Level Agreement Terms.
- 11.3.1 The SLA starts from the point that Client reports the fault, either by telephone or ticket, and ends at the point that 1st Easy have restored operating system levels to the Hosting Service, ready for Client to upload data to.
- 11.3.2 If Client telephones in a fault, they must also raise a ticket to provide a clear time stamp of the start of reporting the fault. If this is not possible, due to network difficulties, Client should make note of the time that the call was made for future reference and SLA compensation calculations.
- 11.3.3 If Client is behind payments, as described in section 3.2 or in breech of contract, as described in section 6.4, no compensation claims will be applicable.
- 11.3.4 Multiple faults in any one month can be added together to form the total uptime percentage in that month, however, should 1st Easy require the Hosting Service to go through a planned maintenance outage, as part of the rectification of a faulted server, this will not be counted as part of the downtime applicable to SLA compensation.
- 11.3.5 1st Easy's decision on SLA compensation claims are final.
- 12.1 Flow-down of Obligations. Reseller and Reseller's clients are subject to the continued compliance of the terms and conditions of this Agreement.
- 12.2 Reseller representation of 1st Easy. Reseller will not incur any liability on the part of 1st Easy, or in any way arrange any contract binding 1st Easy to their client. Reseller is responsible for ensuring that their promotion of 1st Easy services is accurate, lawful, and does not misrepresent 1st Easy or the relationship of the Reseller with 1st Easy..
- 12.3 Reseller client default. No default by a client of the Reseller shall in any way affect, modify or limit the obligations of the Reseller to 1st Easy under this Agreement.
- 12.4 1st Easy relationship with Reseller client. 1st Easy will not knowingly engage in any direct communication with the client of the Reseller, unless specifically authorised to do so by the Reseller, or where failure to do so negatively impacts the service of the Reseller's client.
- 12.5 Solutions available for resale. The following 1st Easy services are eligible for resale discount, unless otherwise specified: Dedicated servers (where indicated), shared web hosting (including Miva Merchant ecommerce), email filtering and remote backup services. For the purpose of clarification, the resale of colocation services does not attract Reseller discounts and for security reasons, contracts must be directly between 1st Easy and the Reseller's client.
- 12.6 Reseller discount. A tiered discount structure is employed as follows:
Bronze Reseller: Up to £5,000 turnover per year: 10% off published web pricing.
Silver Reseller: £5,001 to £15,000 turnover per year: 13% off published web pricing.
Gold Reseller: £15,001 to £50,000 turnover per year: 20% off published web pricing.
Levels of discount are subject to change without notice.