1st Easy Limited Hosting Service Terms & Conditions

This agreement is accepted and entered into on the date (the “Effective Date”) of ordering a Hosting Service, between 1st Easy Limited (“1st Easy”) and the owner and/or company as stated on the Hosting Service order (the “Client”).

1.0 Definitions
  1. 1.1 "Client Data" means all supporting data files and data structures provided by the Client for its Dedicated Server.
  2. 1.2 "Hosting Service" means the service of hosting entered into, be it web hosting, ecommerce, dedicated server or collocation, and software services provided to the Client.
  3. 1.3 "Virtual Server" means the serving computers, colocation servers, hardware and operating system, and software necessary to operate and support the Hosting Service in accordance with this Agreement.
  4. 1.4 "Dedicated Server" means the server hardware, operating system, and software necessary to operate and support the Dedicated Server Service in accordance with this Agreement.
  5. 1.5 "Colocation" means the colocation cabinet space, power and network provided to operate and support the Colocation Service in accordance with this Agreement.
  6. 1.6 "Managed Ticket Support" means the management of support tickets entered on our support site, with an aim of responding within 24 hours.
2.0 Scope of Services
  1. 2.1 Virtual Server Hardware and Software Services. 1st Easy will provide the Virtual Servers and other computer and operating system software to operate and support the 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 Virtual Server. Client is ultimately and solely responsible for the backup of Client Data stored on Virtual Server.
  2. 2.2 Virtual Server Set-Up and Updating. 1st Easy Limited owns the Virtual Server. 1st Easy will configure the Hosting Service and Virtual Server. Client will load the Client Data onto the virtual servers so as to create a fully functional Internet presence. After the Virtual Server is loaded, set up with the Client Data, and is fully operational, Client will be responsible for all server content management.
  3. 2.3 Virtual Server Support. Managed Ticket Support is included with 1st Easy' Hosting Service for the identification of faults with the Hosting Service. Additional support and professional services can be purchased at the current rate, as described in section 10.0.
  4. 2.4 Virtual Server Connection and Access. 1st Easy Limited will provide connection of the Virtual Server to the Internet, including all telecommunications equipment and connections for the Virtual Server 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 Virtual Server Connection and Access, except for scheduled maintenance downtime and any interruption to Virtual Server Connection and Access beyond 1st Easy' control caused by, for example, acts of nature, third-party equipment or transmission failures, or security breaches.
  5. 2.5 Dedicated Server Support. 1st Easy will provide both Managed Ticket Support and telephone support to Dedicated Server clients for the identification of faults with the dedicated server and operating system.
  6. 2.6 Maintenance Services. 1st Easy will perform maintenance services as 1st Easy determines reasonably necessary to maintain the continuous operation of the Hosting Service and Virtual Server. Client agrees to periodically scheduled maintenance downtime periods. 1st Easy will provide prior notice of the maintenance downtime, except when circumstances beyond 1st Easy's control which limit 1st Easy's ability to do so.
  7. 2.7 Hardware, Equipment and Software. Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Virtual Server. 1st Easy make no representations, warranties, or assurances that Client’s equipment will be compatible with 1st Easy’s service.
  8. 2.8 Colocated Servers. 1st Easy are not liable for the operation of a colocation server, theft, damage, liability or otherwise. In a collocation Hosting Service, Client assumes all responsibilities, directly or indirectly associated with the collocated equipment. Client should ensure their systems are adequately insured against theft and public liability. Instructed support work is chargeable at our standard hourly rates published in this document under Section 10.
  9. 2.9 Colocation Support. 1st Easy will provide both Managed Ticket Support and telephone support to colocation clients for the identification of faults with the network connectivity or power to their specific colocation service cabinet.
  10. 2.10 Storefront Support. 1st Easy will provide Managed Ticket Support to storefront hosting clients for the identification of faults with their store. This cover does not extend to design consultancy and advice, which support may elect to charge for under rates described in section 10.0.
3.0 Payment Terms
  1. 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.
  2. 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 annual or monthly aniversary, one month in advance and is due at latest, by the 10th day of the anniversary in which 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’ web site.
  3. 3.3 Bandwidth Fees. Client is allocated a portion of data transfer per month, as part of the Hosting Service, as indicated at the time of ordering the Hosting Service package. Additional bandwidth usage is charged as indicated in the Hosting Service package. 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.
  4. 3.4 Contract Length and Cancellation. The contract length is one year on all regular payment services. Payment is monthly in advance unless the monthly amount is less than £25.00 per month, in which case payment is annually in advance. There is a termination fee of 50% of the remaining months to the next annual anniversary colocation and dedicated server services. Client is free to cancel the contract by giving one month’s notice, in writing to 1st Easy Limited’s postal address. If Client cancels within the first month of a monthly based service, Client will receive a full refund, less a 5% transaction administration charge, plus any set-up fee applied. No refund shall be due on annual based services and 1st Easy will hold client against contract for the remainder of the first year for 50% of the remaining month's payments.
  5. 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.
  6. 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.
  7. 3.7 Delivery of Payment. Client will pay invoice in full within 30 days of the invoice date. 1st Easy reserves the right to cancel client services if payment is not received within 30 days of the invoice date.
  8. 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).
4.0 Representations and Warranties
  1. 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.
  2. 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.
  3. 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. 4.4 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
  1. 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.
  2. 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.
  3. 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 acknowledge that this paragraph shall apply to all content on the Virtual Server.
  4. 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. 5.5 Your statutory rights are not affected by this contract
6.0 Term and Termination
  1. 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.
  2. 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. After this duration, this agreement shall automatically continue on an annual basis.
  3. 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.
  4. 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.
  5. 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
  1. 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
  1. 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, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, 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 or results in illegal, abusive or unethical activities. If a Hosting Service or Virtual Server is disabled, the regular annual fees still apply.
  1. 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.
9.0 Miscellaneous
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 9.6 Age. Client certifies that it is at least 18 years of age.
  7. 9.7 Transfer. Client may not transfer or assign this Agreement without the written consent of 1st Easy.
10.0 Support Rates
  1. 10.1 Design Rates. £100.00 / hour, £500.00 / day, £1,500 / week, £4,500 / month. Minimum 1 hour per request.
  2. 10.2 Technical Support Uncovered Requested Support. £80.00 / hour. Minimum 15 minutes per incident.
  3. 10.3 Colocation Callout Support. £100.00 / hour, £500.00 / day, £1,500 / week, £4,500 / month. Minimum 1 hour per incident. Server reboots are £50.00 per reboot. Installation work after first installation is charged at the shown Callout Support rates.
  4. 10.4 Database Programming & Design Rates. £100.00 / hour, £500.00 / day, £1,500 / week, £4,500 / month. Minimum 1 hour per request.
  5. 10.5 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.

Through the act of ordering any 1st Easy Service, either online via the 1st Easy web site, by telephone or by post, it is deemed that you are agreeing to these Hosting Service Terms and Conditions. If you do not agree with the above conditions, you should not order a 1st Easy Hosting Service.