> Home
> Maintenance
> VoIP
> Email Archive
> Links
> Products
> Tools
Copyright © 2007
8086 Consultancy.
All rights reserved.
8086
> Home > Contacts

8086 - Terms of Service

Terms and Conditions

NOTICE: Please read these terms and conditions carefully. They set out the terms under which the Services operate.
"8086 Consultancy" will be hereafter referred to as the "Company" in this document.
You the "Customer" will be hereafter referred to as the "Customer" in this document.
The Company has a number of web sites under the '8086.net Brand' which are all bound to these Conditions (see http://www.8086.net/links for a list of these web sites & Services).

These Terms and Conditions are split into a number of distinct sections to help you distinguish which sections will be relevant to the Product or Service you are purchasing:

General
  • Applicable to ALL our Products and Services.
Co-location, Lease2Own, Purchase, Rental
  • Applicable for all Lease2Own, Purchase, Rental Servers, and Co-location of Servers or other Equipment, in addition to each specific Product or Services own Section.
Co-location
  • Applicable for Co-location of Servers or other Equipment.
Standard Rental
  • Applicable for Standard Rental of our Servers.
Lease2Own
  • Applicable for our Lease2Own Servers.
Purchase
  • Applicable for our Purchased Servers.
Email SPAM, Virus Blocking & MX
  • Applicable for all our Email based Products and Services.
Domains Registration / Renewal / Transfer
  • Applicable for all domain registrations.

General Agreement

8086 Consultancy - Version 1.0

These Conditions take precedence if inconsistent with the material on our web site(s).

Violation of any of the following rules may result in termination of Products and Services.

  1. Term
    1. The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to the Customer. However, no Service shall commence until the Company receives and accepts a completed Order from you the Customer, and payment in full for the Services to be rendered during the Initial Term and any setup charges.
    2. We reserve the right to reject any submitted Order for any or no reason prior to written acceptance thereof by us.
    3. 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 in accordance with the remainder of these Terms and Conditions.
    4. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term"

  2. Payment and Fees
    1. All fees for Services rendered or provided to Customer shall be in accordance with Company price list then in effect. A price list detailing the current rates for Products and Services is available on the Company web sites.
    2. We may with thirty (30) days notice to the Customer, amend the Services, rates or fees we charge for any Product or Service.
    3. Fees for renewal periods after the Initial Term shall be due, immediately upon the first day of each renewal period.
    4. The Customer will receive an invoice via email for the charges for the Products and Services rendered or provided by the Company for such renewal period.
    5. Payment in full of the invoiced amount is due upon receipt of the invoice.
    6. If payment in full of any invoice not be received by the Company within thirty (30) days after date of invoice, at the end of this period the Company at its sole discretion, may terminate or withhold the Product and Services rendered if the Invoice remains unpaid.
    7. All taxes, fees and government charges relating to the Products or Services provided shall be paid by the Customer.
    8. Accounts in default may be charged interest on the outstanding balance at a daily rate of 3% above HSBC's base lending rate. All payments due under these terms and conditions shall be made by the Customer in full without any right of set-off by the Customer.
    9. The Customer agrees to pay all invoices strictly by the terms detailed on each invoice.
    10. The Customer agrees to lodge any disagreement with the items presented in any invoice within five (5) working days of receipt of the invoice with documentary proof as to why an invoice or item is inaccurate or incorrect. After such a time an invoice is regarded as correct.
    11. The Customer agrees that (at the sole discretion of the company) all service provided to the customer may be suspended on failure to pay any invoice by the terms contained on any outstanding invoice until such a time as the customer's account has been completely settled.
    12. The Customer agrees that the Company may seek to recover any costs which remain outstanding after all reasonable requests (issuing of an invoice) have been made for payment, and after a minimum of thirty (30) days from the date of the first outstanding invoice, by liquidating the customer's assets held by the Company. The customer should expect to receive recompense of the liquidated (sale) value of the assets, minus the value of the outstanding account and an administrative fee of 15% of the outstanding account (minimum £100).
    13. The Customer agrees that the company retains the right to attempt to obtain payment via Court Order.
    14. The prices on our website are shown excluding value added tax (VAT) unless explicitly stated otherwise which will be applicable at the prevailing rate which at the time of writing is 20%.

  3. Notice
    1. All notices must be sent in writing or by email, except as otherwise expressly provided herein that a notice must be in writing.
    2. All notices to the Company shall be delivered to its address stated on the Contacts page of the web site or its email address as provided on the same page.
    3. All notices to the Customer shall be delivered to its mailing address or email address as provided on the Order or Account management area on the Company web site.
    4. The Customer may change their respective address by notice delivered to the Company.
    5. 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.

  4. Security & Violations - These actions will constitute a Breech of these Agreements and may result in immediate Termination of all Products and Services.
    1. The Customer may not attempt to circumvent any authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access.
    2. Attempting to access or probing the security measures of other networks from the Company Products or Services without prior permission is prohibited.
    3. Customers may not use any program/script/command, designed to interfere with any Customers terminal session.
    4. Customers may not attempt to interfere with service to any other Customer, host, or network. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service/network ("denial of service attacks/DoS"), and any attempts to "crash" a host.
    5. Customers must safeguard their account passwords to prevent unauthorized access to their account. Customers must also notify the Company immediately should any password become compromised, and then change the affected passwords to prevent others acquiring access.
    6. Customers that violate systems/network security may incur criminal/civil liability. We will cooperate with investigations of violations of systems/networks, and with law enforcement authorities in the investigations of suspected criminal violations from any part of the world.
    7. The Company reserves the right to access servers/accounts without any notification within our network if we believe these Terms and Conditions are being breeched.

  5. Registration
    1. If you are a Company member the details provided by you on registration are important and must be true, correct and complete. You agree to notify us immediately of any changes which are relevant to your registration.
    2. You must keep your Contact details up to date and accurate. (See Privacy Policy) You are responsible for providing and maintaining accurate billing information. False information on signup, contracts, or online application, including fraudulent use of credit card numbers, will constitute a breech of these Terms and Conditions.

  6. The Contents of the Company Service
    1. The Service is provided without any warranties or guarantees unless specifically stated.
    2. Your dealings with, and interest in, promotions, services, or merchants found on or via the Service are solely between you and the person with whom you are dealing unless expressly stated to the contrary by us. We will do our best to help you resolve the situation, but we will not be responsible for any loss or damages that may arise from any such dealings.
    3. We may provide - or merchants and content providers found on or via the Service may provide - links to other web sites or resources. We are unable to accept responsibility for these web sites or resources; neither can we be deemed to have endorsed their content, products or services merely because they are accessible via our Services.
    4. We make all reasonable efforts to ensure that all information provided within the Service is accurate at the time of its inclusion, however, there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations or warranties about the information included on this web site (including links to third parties' web sites). Any decisions based on the information contained on this web site are your sole responsibility.
    5. Information provided by us does not constitute legal or professional advice and should not be relied upon without taking independent advice.
    6. The Company, its affiliates, information providers or content partners do not provide any warranty as to the timeliness, accuracy or completeness of the information contained within the Service.
    7. Company reserves the right to change or improve the Service without prior notice to customer. Company has the right to temporarily suspend or restrict Service as required for reasonable required maintenance of Service.
    8. Other than where prohibited by law and subject to legal requirements, the Company reserves the right to review any information in any form on this network at any time.

  7. Nature of the Company Service
    1. Whilst we recognise that the Internet is not a completely secure medium of communication, we have taken steps to safeguard the security of any information you input on this web site or send to us on the Internet by using secure servers and Secure Sockets Layer ("SSL") technology which encrypts the information you input on your system before it is transmitted to us. We will not be responsible for any damages the user may suffer as a result of the loss of confidentiality of such information.
    2. We reserve the right to suspend, restrict, or terminate your access to the Service for any reason, including in particular if your use of it causes or is likely to cause the whole or part of the Service or any other of our Services to be interrupted, damaged, rendered less efficient or in any way impaired.
    3. In order to maintain the integrity of the service, we reserve the right to forward contact details to the police, or other regulatory authorities where requested to do so; we may also forward contact details where a complaint arises concerning your use of the Service and where that use is deemed by us to be inconsistent with these user conditions.

  8. Termination of Services - This Agreement may be terminated according to the following:
    1. by either party, without cause, by giving the other party 30 days prior written notice. Or the required Cancellation period required for each Product or Service which is specified during the Ordering of that specific Product or Service.
    2. by the Company at any time, no prior notice if in the sole judgment of the Company if the Customer breaches any material provision of this Agreement and has not resolved them to the Companies satisfaction within seven (7) days.
    3. by the Company in the event of non-payment by Customer within the period required as previously stated in this Agreement.
    4. by the Company without notice if any of our providers terminate any Products or Services we use to supply the Customer with a Product or Service.
    5. by the Company if the Customer becomes insolvent or bankrupt, enters into liquidation whether voluntary or compulsory (other than for solvent reconstruction or amalgamation), has a receiver or an equivalent officer appointed in respect of any of its assets, is the subject of an administration order.
    6. If this Agreement is Terminated by the Company because of a Breech, no refund will be provided for the remaining or unused Products or Services.
    7. The Company may, at it.s discretion, regard a change in service as termination of the existing service and provisioning of the new service.

  9. Our Obligations to you
    1. We will use our reasonable endeavours to maintain the Company Service in a satisfactory operating condition. As we cannot guarantee that this will always be the case we do not accept responsibility for any interruptions or failures in the Service or for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access or use the Service.
    2. We exercise no control whatsoever over, nor have any responsibility or liability for the content of the information passing through our network. The Company will not validate this information passing through the network for correctness, usability or for any other reason.
    3. The Company agrees to provide to the Customer any and all services, detailed on any invoices presented to the Customer from the Company, subject to any supplementary terms, time limits or restrictions as detailed on such an invoice, or to refund the amount detailed on this Invoice if the service is unable to be supplied, excluding any setup fees and costs incurred by the Company in the provision of the service.

  10. Your Obligation to us
    1. You agree that you will only use the Service in a manner that is consistent with these user conditions and in such a way as to ensure compliance with all applicable laws and regulations. In particular, you will not use the Service to transmit or post any material which is defamatory, offensive, or of an obscene or menacing character, or which may, in our judgment, cause annoyance, inconvenience or anxiety to any person.
    2. To the extent to which your use, or the use by any person who may be authorised by you or for whom you are responsible (for example as an employer or as the parent or guardian of a child) causes loss or damage to any person, you agree to indemnify the Company immediately on demand in relation to any such losses or damages attributable to the Company, including where necessary any legal and administrative, or technical charges that may arise from such use.
    3. The Service is intended to appeal to a wide range of audience and as such not all of the Service is suitable for use by children. Parents and guardians are reminded of the importance of supervising young children's use of the Service. Parents or guardians of children shall be responsible for the actions of any such children.
    4. Where applicable, you are responsible for maintaining the confidentiality of your username and the password assigned to you on registration. As a result, you are fully responsible for all activities which occur under them. You must notify us immediately of any unauthorised use of which you become aware.
    5. You are responsible for obtaining the equipment and paying all Internet connection charges necessary to access and use any of our Services.
    6. You agree that the material and content contained within or provided by us as part of the Service is for your use only and may not be distributed commercially without our permission. You may not display the contents of the Service or any part of them in a frame surrounded by other material not originated by us. Your use of the Service carries with it no rights in relation to copyright, trade marks or other intellectual property rights that belong to the Company.
    7. You may not transfer or assign this Agreement without prior written consent from the Company. Nor may you resell or give away any Products or Services from the Company without prior written permission.

  11. Limitations of our Liability to you - The Company's entire liability to you in respect of all matters associated with the Services shall be limited as follows:
    1. Nothing in this contract excludes any other liability, which is prohibited from being excluded by law.
    2. Our liability to you for any breach of contract or negligence shall be limited to the price of the goods or service together with any expenses incurred by you in notifying us and returning the goods or service to us, or loss of goodwill or any form of special damages.
    3. We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
    4. We recommend that as a matter of good business practice you maintain insurance and that you maintain a back up system and that you back up your electronic information.
    5. Customer acknowledges and understands that neither the Company, nor any of its employees, representatives, agents or the like, warrant that the Products or Services offered 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 these Product or Services or as to the accuracy, reliability or content of any information service contained in or provided through these Products or Services, unless otherwise expressly stated in this Agreement.
    6. The Company 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.
    7. Under no circumstances, including negligence, shall the Company, 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 these Products or Services; or that results from mistakes, omissions, interruptions, file deletion, data loss, errors, inaccuracies, defects, operational delays, or transmission or any failure or of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the Companies records, programs or services.
    8. The Company further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Products or Services provided hereunder.
    9. That this agreement is valid until all Products or Services provided to the Customer have ceased.
    10. That the provisions of this agreement relating to indemnification shall survive termination of the Customer's account.

  12. Choice of law and jurisdiction
    1. These conditions shall be deemed to be a contract made in England and these conditions and your use of the Service are subject to English law and the jurisdiction of the English courts.
    2. If any part of these terms and conditions shall be found to be unlawful or unenforceable, it shall not affect the validity or enforceability of the remainder of the conditions.

  13. Future Changes
    1. We reserve the right to change the Terms and Conditions at our discretion, and without notification.
    2. We may change the content or services found on our Site at any time without notice, and consequently our Terms and Conditions may change at any time in the future and the Customer shall be bound by any such amendments. You agree to revisit this page regularly and your continued access to or use of the Site and Services will mean that you agree to the changes.

Co-Location, Lease2Own, Purchase, Standard Rental Agreement

8086 Consultancy - Version 1.0

Additionally this section is applicable to the following:
Co-location, Lease2Own, Purchase, Standard Rental

  1. Contents & Hosting
    1. Services provided by the Company may not be used to host or distribute material to which the user does not own the copyright to, or have prior permission from the owner of the copyright to distribute. This includes the distribution of MP3 files, software, and other pirate material.
    2. In addition to this, the services may not be used to host or distribute utilities to aid the violation of a copyright licence, such as software cracks and key generators.
    3. We reserve the right to investigate and contact you regarding the copyright ownership of material held or distributed via the Companies equipment and network, and suspend accounts if violation of copyright is suspected or found..
    4. Services provided by the Company may be used to host adult material, provided the material complies with the copyright rules above and the remainder of this Agreement.
    5. The Customer must ensure all content is licenced for their use. No content implying underage or illegal content. Non-consensual or Beastiality content is not accepted in any format even if labeled as fictional.
      Any Customer found to be hosting underage and / or illegal content i.e. child porn will have their account terminated immediately and the offending content will be passed to the relevant authorities on ALL occasions.
    6. Adult material that violates UK laws will not be tolerated. Any Customer found hosting or distributing material that is in violation of UK laws will immediately have their account terminated without refund and details will be passed on to the UK authorities without notification.
    7. Termination without notice and without refund maybe used at our discretion if illegal content is transmitted or found on our equipment or Services. We reserve the right to close any accounts at any time without prior notice if in our opinion they are in breech of any of our Terms and Conditions.

  2. Email Restrictions - the following may constitute Service Termination:
    1. Harassment, whether through language, frequency, or size of messages, is prohibited.
    2. Customers may not send Email to any person who does not wish to receive it. If a recipient request you cease sending Email, the Customer must comply immediately.
    3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("Junk Mail", "UCE" or "SPAM"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. This material must only be sent to those who have explicitly requested it (subscribed via Closed-Loop Opt-In).
    4. Malicious email, including but not limited to "mail bombing" (flooding with quantities of Email) is prohibited.
    5. Forging of headers or any other information is not permitted.
    6. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings, this includes illegal "Pyramid Schemes".
    7. Any other activity that may cause any of our IP addresses to become blacklisted in any Public SPAM BL system.
    8. A reasonable administrative charge maybe levied by the Company to resolve any Email SPAM/UCE/Abuse problems that arise from the Customers misuse of the Network, Products or Services and have caused any Blacklisting of our IP addresses.
    9. You are responsible for sending email in accordance with all the relevant legislation (including data protection legislation) and for sending the same in a secure manner.
    10. The company does not accept any responsibility for loss of any kind caused by the transmission of software viruses or worms transmitted via the email services provided.

  3. Payment and Fees
    1. The Customer agrees to pay for any additional chargeable support hours, call out fees, or similar which are requested with or without written authorisation.

  4. Termination of Services - The customer agrees:
    1. to arrange for all Domain Names, Name Servers, Name Server Host Records (Glue) to be removed (no longer referencing) from the Servers assigned IP addresses, within 14 days of the termination of the contract.

  5. Security
    1. The Customer assumes responsibility for the appropriate use of security when using all our Products and Services.

Transit/Bandwidth Agreement

Transit/Bandwidth at 8086 Consultancy - Version 1.0

Additionally this section is specifically applicable to our 'Transit/Bandwidth' Services and Products.

    1. Transit is provided by third parties and will be not be covered under the general Company Service Level Agreement. Each Transit type may have its own Agreement.
    2. Transit is chargeable by either one of two methods:
      Average
      The transit is measured for a period (usually one (1) calendar month) and the mean average TX & RX (measured separately) is calculated from periodic measurements (usually every five (5) minutes) at the switch/router and NOT the Customers Equipment / Server. The higher of the two (TX / RX) is then the figure that is used to base the calculations of for billing purposes.
      95th Percentile
      The transit is measured for a period (usually one (1) calendar month), the TX & RX (measured separately) is calculated from periodic measurements (usually every five (5) minutes) at the switch/router and NOT the Customers Equipment / Server. Then the top 5% of TX and RX is removed from the calculations, the highest next figure from the remaining 95% of the measurements is then used. The higher of the two (TX / RX) is then the figure that is used to base the calculations of for billing purposes.
    3. The Customer acknowledges that the Company measurements only will be used for the purposes of billing, and any Customer figures obtained will not be used to base any billing calculations on.
    4. The Customer further acknowledges that the Company may use the Customer Transit/Bandwidth traffic measurement figures and make these figures/graphs available to third parties without consent or notification.
    5. The Company will provide regular copies of these measurements in a graphical format (graphs) to the Customer via the web site.
    6. It is in the Customers interest to monitor these graphs and notify the Company should excessive and sudden over usage happen.
    7. The Company will pass on all charges to the Customer for the over usage of transit whether intentional or unintentional by the Customer.
    8. The Company may offer a 'capping' system at their sole discretion to prevent excessive over usage of Transit. This may be optionally enabled by the Customer, or maybe enabled by the Company without consent or notification to the Customer, and without reason.
    9. The Company may without notice nor consent suspend Transit to individual Customers where at the Companies sole discretion, the Customer is misusing the network (or being attacked by third parties) or impairing the overall network performance.

  1. Payment and Fees
    1. The Customer agrees to pay for any additional (over the current value set by the tariff) data transfer costs which the Equipment / Server may incur with or without written authorisation by the terms of any such invoice which is raised.

Co-Location Agreement

Co-location at 8086 Consultancy - Version 1.0

Additionally this section is specifically applicable to our 'Co-location' Services and Products.

The following are the responsibilities and requirements of the Customer in locating the server for hosting with the Company, unless otherwise stated in this Agreement. The Customer agrees:

  1. Hardware
    1. To ensure that the server or equipment is electronically and mechanically safe to be connected to 230Vac at 50Hz power supply (+/- 10%) for an unspecified duration, with or without interruption.
    2. To provide the Company with a 'value' (in GBP Sterling) of the hardware, excluding software or the value of business related to the servers availability (it's worth).
    3. The Server/Equipment supplied for co-location is suitable for this purpose and enclosed in a safe and suitable Rack Mount case. Unless special provision is made and agreed by both parties.
    4. The Server/Equipment should be able to self monitor and interrupt it's own power supply if excessive heat is present, at the Customer's own discretion and expense. The Company will not be held responsible for any equipment that is damaged due to excessive heat or cold.
    5. There is an average temperature of 21°C on the data floor. The temperature may fluctuate by +/- 2°C across the data floor, but may fluctuate substantially more within the Co-location rack space. There is an average humidity of 50% on the data floor. The humidity may fluctuate between 40% and 60%.

  2. Software
    1. All software stored, that is or is not currently in use, on the server is licensed to the Customer for that purpose and is being used in accordance to that agreement.
    2. That no software which is designed to adversely affect, interfere or be malicious in any way on any part of the local or wide area network will be stored or used on the server.
    3. The server's operation will be self contained and not interact with the rest of the network in any way, with the exception of "normal" Internet operation over the recognised Internet protocol (IP).

  3. Data Stored & Transmission and Use
    1. All data transmitted, or being received or stored by the Equipment / Server must be legal as defined by English Law.
    2. Data transmitted, or being received or stored by the Equipment / Server does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous.
    3. The Equipment / Server will not be used to transmit data which is designed to adversely affect, interfere or be malicious in any way to any other hardware or software connected to the Internet (including, but not limited to Denial of Service attacks, "probing" and "flooding").
    4. The Equipment / Server will not, at any time, perform operations which are designed to intercept data not directly addressed to the server, this includes "probing" and "sniffing".
    5. The Equipment / Server will not be used to perform attempted or successful security breaches or disruption of Internet communication (security breaches include, but are not limited to, accessing data of which the customer is not an intended recipient, to that the customer is not expressly authorised to access).
    6. The Customer should monitor the data throughput of the Equipment / Server on a regular basis via the provided web site interface provided by the Company, and at the customer.s discretion generate statistics from the server to validate those collected by the Company.

  4. Physical Security
    1. The Company will take reasonable measures to ensure that the Co-location Rack Space is secured to prevent unauthorised access, but can not be held responsible for unauthorised access.
    2. The Customer should take adequate measures to insure the Equipment against fire, damage, theft, accidental damage by any party, or misuse whilst it is located and en route to the Companies Data Centre. No insurance will provided by the Company.
    3. The equipment may be subject to a physical inspection (internal) by the Company at any time during/after the co-location takes place but prior to collection by the authorised courier service.
    4. Surveillance equipment is not permitted in the Data Centre.
    5. Transmitting devices that use radio waves in the equipment is not permitted beyond normal Computer generated signals. Special agreement maybe made between the Customer and Company for certain transmitting equipment at the Companies sole discretion.
    6. Equipment that may cause interference to other equipment in the Data Centre is expressly prohibited, and may be disconnected from the electrical supply without prior notice.
    7. Cameras and any form of still or moving photography are not permitted in the Co-location facility.

  5. Physical Access
    1. Physical access to the equipment will only be granted at the Companies discretion and with sufficient notice that is agreeable to both parties. Sufficient Notice will be 14 days or less, or by mutual agreement between the Customer and the Company. The Company reserves the right to deny access for any unspecified reasons.
    2. An Access Charge may be chargeable and will be Invoiced to the Customer by the Company prior to agreement of the specific access date. This Invoice must be paid in full prior to Access being granted.
    3. Unattended Access is expressly prohibited.
    4. Extended access greater than 2 hours for repairs or essential maintenance may involve a charge by the Company for the accompanying staff to remain onsite in supervision.
    5. The Customer will not interfere or attempt to remove equipment from the Co-location facility that they do not own and do not have permission from the owner to remove. Removal of third party equipment is not permitted without prior 'written notification' from the owner of said equipment. The Customer will give the Company a reasonable amount of notice in which to verify the owner and the owner be independently contacted to confirm this removal.
    6. Equipment packaging, food, drink, and smoking are not permitted in the Server rooms/data floors.

  6. Termination of Services - This Agreement may be terminated according to the following:
    1. The account must be clear of any outstanding invoices before the server may be removed from the Company's premises, or those used by the Company.
    2. The Customer agrees to pay for all costs related to the packing, transportation and administration of delivering or retrieving the server.
    3. The Customer agrees to pay for any reasonable costs incurred from storage of a server which is out of contract, but has not been collected after a period of 15 days of the services ceasing.
    4. The company may terminate service (including removal of power), without notice, if the server/equipment or customer breaks any part of the agreement.

  7. Our Obligations to you - The Company agrees:
    1. to connect the server/equipment to mains power (230Vac at 50Hz).
    2. to provide one (or more) (1) RJ-45 Ethernet connection of 10 or 100mbits/s (or more) capacity at the company's discretion.
    3. to provide reasonable support services as detailed on any invoices.

  8. Equipment / Servers Return
    1. Upon Expiration or Termination of Products or Services relating to Co-locations, the Company will make a reasonable charge to the Customer for the cost of returning the Customers Equipment / Servers via an insured courier service and the cost of the purchase of the packaging required to safely return the equipment. The Company will not store the original packaging during the co-location period. Provision for the return to the Customer of this packaging and the cost of is the responsibility of the Customer.
    2. Equipment / Servers will not be returned until the Customer's accounts are paid in full, including the returning charge. Return of the Customers Equipment / Servers will be arranged and collected by a courier within 14 days of full and final payment being received by the Company unless special provision is agreed by both parties.
    3. The Customer may arrange for collection by a courier at their own expense provided the Customer account is paid in full.
    4. The Customer may be able to collect the Equipment / Servers provided the Customer account is paid in full, and from the Co-location facility it is currently housed in, and at the sole discretion of the Company.
    5. Failure to pay the full and outstanding debt by the Customer or an authorised Third Party will result in the NON return of the equipment and eventual disposal of this equipment. The Customer agrees that the Company may seek to recover any costs which remain outstanding as previously detailed.

Server Hardware Rental Agreement

Server Hardware Rental at 8086 Consultancy - Version 1.0

Additionally this section is specifically applicable to our 'Server Hardware Rental' Services and Products.

  1. Hardware/Software - The customer agrees:
    1. that the hardware provided by the Company remains the property of the Company during and after the Contract. The Customer never owns and can never remove this Equipment / Server.
    2. to use the server supplied for the purpose it is both suitable and supplied for.
    3. that any IP addresses assigned to the Server by the Company are the property of the Company (or the property of its suppliers) and not the Customer and may not be moved/taken away at the end of the contract.
    4. that they will have no physical access to the hardware.
    5. to use the hardware in such a way as not to damage or render unusable any pre installed software.
    6. to return the hardware to the condition, configuration and level of usability as at commencement of the service (herein referred to as "original condition") at the termination, by either party, of the Product or Service.
    7. to pay a reconfiguration charge of a minimum of two hundred (200) pounds (GBP Sterling) if they do not or are unable to return the machine in its original condition.

  2. Data, Use & Security - The customer agrees:
    1. to be responsible for data backup of the hardware, including operating system and configuration details.
    2. that they are the primary user and are, or are responsible for, the administrator of the hardware and software.
    3. that they will not resell the service provided by the company.
    4. that they will keep the software up to date to prevent unauthorised access and damage to the network and equipment.
    5. that they will not use the server or network connection that breeches any part of the General Agreement.
    6. that they will not attempt to assign IP addresses to their Server that they have not been given explicit written (email - by the Company) permission to use on the said machine.

  3. Termination of Services - The customer agrees:
    1. that the Company may remove any Customer data still remaining on the hardware immediately after service has been terminated by either party without notice or taking any copies.
    2. to arrange for all Domain Names, Name Servers, Name Server Host Records (Glue) to be removed (no longer referencing) from the Servers assigned IP addresses, within 14 days of the termination of the contract.
    3. not to try to access the server after the contract has been terminated.

  4. Indemnification - The customer agrees:
    1. not to hold the company liable for any loss of data, business or income due to a failure of the hardware or software or configuration.

  5. Service Provision - The company agrees:
    1. to provide to the Customer any and all hardware, detailed on any invoices presented to the Customer from the Company, subject to any supplementary terms, time limits or restrictions as detailed on such an invoice.
    2. provide the hardware in a usable state with power and network connections and IP addresses.
    3. provide reasonable support as detailed on invoices directly related to the hardware rental.
    4. to repair any failed component within 7days or supply a similar server or component as a replacement in the event of lack of availability of said failed component under the same rental contract. The Company may also offer an upgraded server at a different price.

Server Lease2Own Agreement

Server Lease2Own at 8086 Consultancy - Version 1.0

Additionally this section is specifically applicable to our 'Server Lease2Own' Services and Products.

  1. Hardware/Software - The customer agrees:
    1. that the hardware provided by the Company remains the property of the Company until the contracted period is complete and so long as all Invoices have been paid in full.
    2. the server can not be removed from the Company facilities without thirty (30) days prior written notice, and only at the end of the initial contract period provided the account is paid in full.
    3. to use the server supplied for the purpose it is both suitable and supplied for.
    4. that any IP addresses assigned to the Server by the Company are the property of the Company (or the property of its suppliers) and not the Customer and may not be moved/taken away at the end of the contract.
    5. that they will have no physical access to the hardware until the server is removed from the facilities at the end of the period, or the contract is terminated and converted into a co-location contract after the Lease2Own contract is completed and paid in full.
    6. to use the hardware in such a way as not to damage or render unusable any pre installed software until the end of the initial Lease2Own contract.
    7. to return the hardware to the condition, configuration and level of usability as at commencement of the service (herein referred to as "original condition") at the termination, by either party, of the Product or Service if the full term of the Lease2Own contract is not completed for any reason or the full amount has not been paid.
    8. to pay a reconfiguration charge of a minimum of two hundred (200) pounds (GBP Sterling) if they do not or are unable to return the machine in its original condition if the full term of the Lease2Own contract is not completed for any reason or the full amount has not been paid.
    9. that the server must be removed from the Company facilities at the end of the initial contracted period, or converted to a co-location contract under the then current Co-location Terms and Conditions and prices.
    10. that the company will charge co-location rack space rental charges if the server is not removed at the end of the initial contracted period and if a new co-location contract is not commenced.

  2. Data, Use & Security - The customer agrees:
    1. to be responsible for data backup of the hardware, including operating system and configuration details.
    2. that they are the primary user and are, or are responsible for, the administrator of the hardware and software.
    3. that they will not resell the service provided by the company.
    4. that they will keep the software up to date to prevent unauthorised access and damage to the network and equipment.
    5. that they will not use the server or network connection that breeches any part of the General Agreement.
    6. that they will not attempt to assign IP addresses to their Server that they have not been given explicit written (email - by the Company) permission to use on the said machine.

  3. Termination of Services - The customer agrees:
    1. that the Company may remove any Customer data still remaining on the hardware immediately after service has been terminated by either party without notice or taking any copies. This only applies where the Lease2Own Contract has been terminated prematurely and the server is still the property of the Company.

  4. Indemnification - The customer agrees:
    1. not to hold the company liable for any loss of data, business or income due to a failure of the hardware or software or configuration.

  5. Service Provision - The company agrees:
    1. to provide to the Customer any and all hardware, detailed on any invoices presented to the Customer from the Company, subject to any supplementary terms, time limits or restrictions as detailed on such an invoice.
    2. provide the hardware in a usable state with both power and network connections and IP addresses.
    3. provide reasonable support as detailed on invoices directly related to the hardware rental.
    4. to repair any failed component within 7days or supply a similar server or component as a replacement in the event of lack of availability of said failed component under the same rental contract. The Company may also offer an upgraded server at a different price for a period to not exceed twelve (12) months from the commencement of the Contract.
    5. all hardware failures that are not due to the Customer misusing the server are the responsibility of the Company to replace or repair or provide an alternative to in the even of a failure, and within a reasonable time period from notification by the Customer of the failure, not to exceed fourteen (14) days.
    6. any component that has failed and is subsequently replaced will only carry the remainder of the warrantee of the original part, and not have a further twelve (12) months warrantee.
    7. upon normal termination of the initial contract and so long as the account is paid in full that the server will become the sole property of the Customer and will be delivered to the Customer at the Customers expense via a recognised and insured courier service. Or the server may be Co-located with the Company under the then co-location Terms and Conditions.

Server Purchase at 8086 Consultancy - Version 1.0

Additionally this section is specifically applicable to our 'Server Purchase' Services and Products.

  1. General
    1. These terms do not affect any statutory rights you may have.
    2. Orders are accepted by post, Internet e-mail, Internet web or by telephone or fax but are only binding when accepted by Company and Company sends out an Order Confirmation in writing.
    3. All products are of a technical nature and it is not practical to publish detailed specifications of all products. All images, descriptive matter, specifications are for the sole purpose of giving an approximate description of the goods. All goods are subject to cosmetic changes at the Company.s discretion.
    4. As soon as goods have been delivered to the door they are the sole responsibility of the Customer. Goods may not be left without a signature when shipped.
    5. All goods remain the property of Company until payment is received and cleared in full. We do not offer any credit facilities. Company shall be entitled at any time and without notice to enter the premises occupied by the Customer and sever the Product from anything to which it is attached and take possession of and remove the same without being responsible for any damages caused thereby and without prejudice to any other remedy that may be available to Company.
    6. You acknowledge that Product may include technology and Software which is subject to EU export control laws of the country where it is delivered or used: you must abide by all these laws. Product may not be sold, leased or transferred to restricted end users or countries or for a user involved with weapons of mass destruction or genocide.

  1. Your Obligation to us
    1. All damages, shortages and incorrect goods must be reported to Company within 48 hours of delivery.
    2. Until payment has been made the Customer must insure and store the product separately from its other products and may not modify or sell the Product.
    3. In case of returning a defective product, original packing and all parts, including instruction manuals supplied must be returned.
    4. Any equipment sent to Company for return must be clearly marked with a return merchandise authorization number obtained in advance from Company.
    5. Any and all software of a third party supplied as a Product or part thereof is subject to the licence and warranty conditions of that third party.
    6. Customer is solely responsible for the choice of product and suitability for any particular purpose.
    7. Our obligation to you
    8. Quotations are only valid in writing and during the period they state. If not stated, the period is 10 days.
    9. All products supplied are covered by the terms and conditions of the Manufacturer's Guarantee for a period of a minimum of 12 months. This guarantee specifically excludes faults caused by neglect, misuse or accident. Items described as consumables are not covered by this guarantee
    10. Company shall be entitled to a 25% non-refundable deposit on any special order equipment or systems. Company shall not action the order until such a deposit has been paid.
    11. Company reserves the right to alter the product at any time.

  1. Returns & Warranty
    1. Company does not give a warranty or guarantee for damages caused by incorrect installation, use, modifications or repair by unauthorised 3rd party or yourself, damage caused by any party or other external force,.
    2. Products 'dead on arrival' (shows symptoms of hardware failure preventing basic operations upon first use) must be notified to the Company within 7 days from the delivery date via fax or email.
    3. Company will, at its discretion, allow the transfer of warranty from you to another party. This is entirely at Company.s discretion and must be agreed by Company in writing.
    4. Where returning goods to Company you may wish to consider insuring the goods that you are returning. We also suggest the use of a carrier that provides .proof of delivery..
    5. This warranty does not apply in the case of Product having parts removed or seal broken. Installation of new or updated components/items will void your warranty if not completed by a Company Technician or authorized repair centre).
    6. Shipping is not refundable; Purchaser pays for shipping to and from Company.
    7. Customer has 15 days to return goods for refund. No refunds after 15 days from shipping date. (10%) restocking fee will be charge, except for returns due to manufacturer defect.
    8. All returned products are tested. If no fault found, product will be returned (shipping to be paid for my Customer)
    9. Products must be sent with adequate packaging and carriage paid.
    10. This returns policy does not affect your legal rights.

Email SPAM, Virus Blocking & MX Services Agreement

Email SPAM, Virus Blocking & MX Services at 8086 Consultancy - Version 1.0

Additionally this section is specifically applicable to our 'Email SPAM, Virus Blocking & MX' Products and Services.

  1. Storage of Email or other content
    1. Where we provide you with Email facilities, web hosting or other services which involve us providing storage space on our computers we hereby reserve the right to impose limits on the storage space provided. Such limits may be by reference to the physical amount of space made available to you, the number of e-mail messages held, the size of any attachments send or any other method we may specify. We reserve the right to vary these limits from time to time and we will keep you informed by Email. We reserve the right to refuse to accept material and / or to delete material which exceeds the relevant limit.
    2. We will not monitor or disclose a Customer's private email messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if we suspect that a Customer is engaged in illegal activities.

  2. Email Restrictions - the following may constitute Service Termination:
    1. Harassment, whether through language, frequency, or size of messages, is prohibited.
    2. Customers may not send Email to any person who does not wish to receive it. If a recipient request you cease sending Email, the Customer must comply immediately.
    3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("Junk Mail", "UCE" or "SPAM"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. This material must only be sent to those who have explicitly requested it (subscribed via Closed-Loop Opt-In).
    4. Malicious email, including but not limited to "mail bombing" (flooding with quantities of Email) is prohibited.
    5. Forging of headers or any other information is not permitted.
    6. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings, this includes illegal "Pyramid Schemes".
    7. Any other activity that may cause any of our IP addresses to become blacklisted in any Public SPAM BL system.
    8. A reasonable administrative charge maybe levied by the Company to resolve any Email SPAM/UCE/Abuse problems that arise from the Customers misuse of the Network, Products or Services and have caused any Blacklisting of our IP addresses.

  3. Your Obligations to us
    1. You are responsible for sending email in accordance with all the relevant legislation (including data protection legislation) and for sending the same in a secure manner.
    2. You are not permitted to use mail forwarding capabilities, mailbox accounts, or auto responders, or any other Service they have not expressly purchased, other than for your own accounts.

  4. Our Obligations to you
    1. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or miss routing or any other failure of email within or caused by our network.
    2. Whilst we shall try to ensure the integrity and security of the server, we do not guarantee that the server will be free from un-authorised users.
    3. The company does not accept any responsibility for loss of any kind caused by the transmission of software viruses or worms transmitted via the email services provided.

  5. Virus Checking and SPAM Filtering
    1. You accept that no anti-virus software can guarantee to detect 100% of viruses and therefore you use our virus protection service at your own risk.
    2. We reserve the right to remove attachments or deny in its entirity from incoming email messages if there is any indication that the attachment is, or might be, infected with a virus. By continued use of this service, you agree with the removal of any attachments we deem necessary.
    3. You acknowledge that we cannot and do not warrant that the software installed on our servers will detect all viruses present in e-mails scanned by and transmitted and received via our servers.
    4. We make no warranty that the service will be error free or free from interruption of failure.
    5. We expressly disclaim any warranty regarding system and/or service availability, accessibility, or performance.
    6. The virus scanning software installed on our servers provides a high level of protection against viruses but you acknowledge and agree that you are solely responsible for protecting your property and email accounts from virus threats.
    7. The software installed on our servers minimises the risk of receiving SPAM and virus's through email only. This does not mean your computer will not be affected by a virus. We recommend that you also have a copy of an Anti-virus program on your computer for extra protection for virus's that may arrive on your computer through other mediums such as DVD/CD's, Floppy Disks and Downloads.
    8. New Virus's appear on a daily basis and some may be received by your email clients before detection and filtering tools are available to prevent and remove them, you acknowledge that the Company can not guarantee your Email accounts will not receive these Virus's and will not hold the Company responsible for such.

Domain Registration (Renewal/Transfer) Agreement

Domain Registration Services at 8086 Consultancy - Version 1.1

Additionally this section is specifically applicable to our 'Domain Registration' Products and Services.

  1. General
    1. Current Domains pricing for registration, renewal and transfers can be on our Domain Registration page.
    2. Where a domain is not in compliance with either the company Terms and Conditions or the related registrars terms and conditions (Nominet/eNom) renewal may be unavailable and the domain may be cancelled at any time.

  2. Your Obligations to us
    1. Where we provide you with Domain Registration facilities you will be bound by the relevant providers Terms & Conditions.
    2. For .uk domains you agree to and will be bound by the Nominet Terms and Conditions of Domain Name Registration and Data Quality Policy.
    3. For all other domain extensions (.com/.net/etc.) you will agree to and be bound by the eNom Registration Agreement.
  3. Our Obligations to you
    1. If your domain reaches the expiry date (and you have not disabled auto renew via the portal) you will still receive invoice notifications and reminders, should the domain not be renewed within 30 days of expiry the renewal pro-forma will be cancelled. Should you wish renew after this period you must raise a support ticket where a new pro-forma will be raised for the renewal and any recovery necessary. For .uk domains there is no charge, for all other extensions the fee to recover the domains in redemption (30 days after expiry) is £250+VAT (not including the renewal fee).
    2. Domain renewal reminders will be sent 30, 21, 14, 7 and one day before expiry to the Customer email address.
    3. Where supported by the registry (.com/.net/.uk/etc.) domains may be regsistered for a maximum period of 10 years and renewed for a maximum of 9 years where this does not exceed the maximum registration period of 10 years.
  4. Privacy Services (.UK)
    1. Using our Privacy Service (8086 Privacy Service) does not change the legal registrant of a domain.
    2. The Privacy Service will be revoked when a domain is transferred out, or requested by the registry or law enforcement.
    3. The Privacy Service Provider (8086 Consultancy) is authorised to accept service of legal documents from third parties on the registrant's behalf.
    4. Abuse complaints received from third parties will be forwarded to contact via email.
8086 Consultancy - VAT GB 118 5989 70