“Collabor8online” or “Collabor8” or “we” or “us” or “our” refers to Collabor8online, (Collabor8online is a trading style of XBC whose registered office is 30 sergeants Lane, Whitefield, Manchester, M45 7TS)
“Customer” or “you” or “your” refers to the person or a company in whose name the account with Collabor8online is held.
“Services” refers to any service offered by Collabor8online, including but not limited to Virtual Server Hosting or Dedicated Server rental.
These terms and conditions of service govern the supply of Services by Collabor8online to the Customer. Use of Collabor8online Services is subject to the terms listed herein. Collabor8online reserves the right to amend these terms and conditions without notice, effective upon posting amended terms and conditions to its website.
The use of Collabor8online’s Services is entirely at the Customer’s own risk. Collabor8online Services are provided strictly on an “as available” basis, furthermore the Customers acknowledges and agrees that Collabor8 will not be responsible for any failure of the service to store a file, for the deletion of a file stored on the Service, or for the corruption of or loss or any data, information or user content stored using the Service.
The Customer is responsible for keeping passwords or other sensitive information regarding Collabor8online Services secure. Collabor8online shall not be liable for any loss or damage arising from the Customer’s failure to keep passwords or other sensitive information secure.
Except as expressly provided in these Conditions, Collabor8online gives no warranties of any kind, expressed or implied for Service provided to the Customer. Collabor8online disclaims any warranty or fitness for a particular purpose. This includes loss of business, custom, loss of data and all service interruptions unless otherwise stated by Collabor8online or agreed with the Customer in writing.
Charges and Payments
Service charges are billed in advance on, or shortly after, the day of purchase and on subsequent monthly or yearly anniversaries (the Customer’s “billing date”).
Bandwidth overage charges are billed monthly in arrears and subject to standard payment terms.
The Customer authorises Collabor8online to debit payments from the Customer’s credit or debit card for all Service charges, fees, taxes and any other charges as they are due.
Collabor8online reserves the right to charge interest on any unpaid sums at the current statutory rate prescribed in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until payment is received by Collabor8online in cleared funds.
Collabor8online is not responsible for any additional bank fees, interest, finance charges or other charges incurred by the Customer as a result of charges billed by Collabor8online.
The Customer is responsible for ensuring Collabor8online has up-to-date billing and contact information for the Customer.
Collabor8online reserves the right to terminate or postpone Customer accounts where unpaid charges remain outstanding for a period of more than 7 days. Termination of Services by Collabor8online shall not alter the Customer’s obligation to pay all charges due to Collabor8online at the time of termination.
Collabor8online reserves the right to change fees and charges as it deems necessary. Customers will be notified in advance of any such changes to fees and charges.
To use the Services, you must register with Collabor8 and provide your full name, a valid email address, a company name (where appropriate), a valid contact telephone number and any other information requested in order to complete the signup process.
When registering with Collabor8 you agree to provide true, accurate, current and complete information about yourself at signup and maintain and update that information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we may terminate your account and refuse any and all current or future use of the Service.
Cancellations & Refund Policy
All fees and charges are non-refundable unless expressly stated or agreed otherwise in writing by Collabor8online.
The Customer may cancel any paying account within 30 days of initial purchase without charge, if this happens the account will revert to the free account and no charges will be incurred. This may result in loss of any information added during the 30 day free period.
The Customer may cancel their Services at any time by submitting a request by e-mail to email@example.com ; 30 days notice is required to avoid charges beyond the current billing cycle. The customer account will remain active for this period after which all project data will be permanently deleted.
No Refunds or credits will be given for partial or unused months of service, for any account.
Cancellation of Services by the Customer shall not alter the Customer’s obligation to pay all charges due to Collabor8online at the time of cancellation.
The Customer is responsible for maintaining backups of their data. Collabor8online will not retrieve data from cancelled accounts unless otherwise agreed in advance.
Law Enforcement co-operation
Collabor8online will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Customers who violate systems or network security may incur criminal or civil liability.
Copyright and Intellectual Property
By using Collabor8online’s Services, the Customer acknowledges ownership by Collabor8online of all rights, title and interest in and to all trademarks, other intellectual property and Service developed by Collabor8online.
The Customer shall not copy, reproduce, alter, modify or create derivative works from any trademarks, intellectual property or service offered by Collabor8online.
The Customer agrees that it shall defend, indemnify, save and hold harmless Collabor8online from any and all demands, liabilities, losses, costs and claims, including all legal fees, that may arise or result from any service provided or performed or agreed to be performed by a Customer, its clients, agents, employees or representatives. (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Collabor8online’s Service; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective Product sold via Collabor8online’s Service.
Neither party shall be liable to each other or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations in relation to the Services if such failure or delay was beyond that party’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond either party’s reasonable control
- act of God, explosion, flood, tempest, fire or accident
- war or threat of war, terrorism, sabotage, insurrection, civil disturbances or requisition
- acts, requisitions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental parliamentary or local authority
- strikes or other industrial actions or trade disputes of a third party
Any invalidity or unenforceability of any term of, or any right arising pursuant to this agreement, shall not in any way affect the remaining terms and rights which shall be construed as if such invalid or unenforceable term or right did not exist.
This Agreement is personal to the parties and neither party may assign the benefit of this Agreement, or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed, subject to board approval of the assignee. Notwithstanding the foregoing, either party may assign its rights under this Agreement to an entity that either now or in the future controls, is controlled by or is under the common control of such a party as a consequence of merger, acquisition, change of control or asset sale.
Contracts (rights of third parties) Act 1999
Nothing in this Agreement is intended to create any right which, by virtue of the Contracts (Rights of Third Parties) Act 1999, might otherwise be enforceable by a third party against either party to this Agreement.
This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
The Customer will be entitled to any monthly data transfer “quota” (also known as “bandwidth” or “internet traffic”), expressed in gigabytes per month, included as part of their chosen Services. Should the Customer exceed the agreed amount of transfer specified in their chosen Services, without notice Collabor8online reserves the right to charge the Customer an overage rate of £5 +vat per 5 gigabytes, or part thereof, for the data transferred over and above the quota in force.
Acceptable Use Policy
The Customer shall not participate in or facilitate any action or activity that Collabor8online considers abusive, or that contravenes UK law. Actions or activities that Collabor8online considers abusive and therefore strictly prohibited include, but are not limited to the following:
- Unsolicited e-mail activities
- Impersonated or libellous postings
- Hacking or unauthorised access
- Propagation of viruses or worms
- Terrorism or threat of terrorism
- Obscene, pornographic, or offensive material
- Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks
- The Customer shall not deliberately or maliciously cause or allow to be caused any disruption to Collabor8online’s Services, its servers, network or other infrastructure, or any other networks or service on the internet.
The Customer shall not participate in or facilitate any activity which interferes with or disrupts Collabor8online Services.
Participation or facilitation of any of the above activities may result in immediate suspension or termination of Services without refund.
The customer acknowledges that Collabopr8 has no obligation to monitor your use of the Services, but has the right to do so for the purpose of operating the Services and to ensure compliance with these terms.
Collabor8 respects the privacy of others, but reserves the right to monitor data and files held in the project account in order to maintain and ensure appropriate levels of service and ensure our usage policies are not being violated.
We collect personal data that you may volunteer so that you can receive further information or service from Collabor8. In order to register to for use of the Service Collabor8 will record certain information including an email address, company name, your name, company address or for individual applicants, a current address and Credit card information which will be used solely for processing payments.
Collabor8 may contact you for your views on the Collabor8 Service and also to notify you about changes or developments to the site and. We may also use your information in order to advice you about other products and Service which we offer. You may at any time unsubscribe to such messages.
Your information is only shared with third parties in direct connection with your use of the Service. We reserve the right to transfer any and all information that we collect from users of the Service to a third party in the event of any sale, transfer or other disposition of all or any portion of Collabor8’s business.
By submitting your information you are consenting to our use of it for the uses specified above.
30-day Money Back Guarantee
To make a request under the 30-day Money Back Guarantee, the Customer must submit a request via the Helpdesk within 30 days of purchase.
Accounts which are suspended, cancelled, or terminated for violating our Terms & Conditions, including (but not limited to) the Acceptable Use Policy, will not qualify for the 30-day Money Back Guarantee. For example, if an account is cancelled due to spamming, phishing, or another violation, no refund will be issued.
Any setup fees and/or overage charges incurred during the initial 30 day period are not refundable.
Service Level Agreement (SLA)
“Collabor8online Service” refers to Collabor8online virtual machine(s) and the Collabor8online Load Balancing service.
“Availability” means that the Collabor8online service is running and has external network access as determined by Collabor8online.
“Service Credit” means an amount of credit in pound sterling applied to a Customers future invoice.
“Scheduled Maintenance” means any planned maintenance period. Collabor8online will use commercially reasonable efforts to notify customers of planned maintenance at least 7 days in advance (and at least 24 hours in advance for emergency maintenance).
Collabor8online will use commercially reasonable efforts to ensure availability of your Collabor8online Service for at least 99.95% of the time, excluding Scheduled Maintenance. In the event that we don’t meet this commitment during any consecutive 30-day period you will be eligible for Service Credits of 2.5% of your fees for every full 30 minute period of unavailability up to a maximum of 100% of your relevant fees paid for that period.
Claims & Credits
To receive a Service Credit you must submit your claim via the Collabor8online helpdesk, including details of the period(s) of unavailability you wish to claim credit for so we can corroborate the details. Claims for Service Credits must be received within 14 days of the most recent reported period of unavailability. Service Credits (if eligible) will be applied to your next regular (i.e. monthly or annual) invoice.
Eligibility & Exclusions
The following scenarios are examples where the Collabor8online SLA does not apply…
- Unavailability is due to a Customers own misconfiguration of their server(s) or application(s)
- Unavailability is caused by circumstances beyond our reasonable control, for example, network routing problems elsewhere that affect access to your Collabor8online service
- Unavailability is due to Scheduled Maintenance
- The customer’s account has been suspended (e.g for non-payment or breach of terms and conditions)
- The customer’s account has overdue payments
- The customers usage of Collabor8online Service is in contravention of the Terms and Conditions
- The customers usage of Collabor8online Services is deemed excessive (e.g use of network bandwidth or shared MySQL service is affecting other customers)
© Collabor8online 2011