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The drop down menus below provide you with all legal information and resources related to our products and services. HA247 respects the privacy and protection of ourselves and our customers, so please make sure you read our legal information stated below.

Terms and Conditions

All services provided to you (“you”, “your”, “user”) by Rethink IT trading as HA247 (“we”, “us”, “our”) apply to and are governed by these Terms and Conditions, the Acceptable Use Policy, the Service Level Agreement and the terms of your Purchase including any services provided through the Website and to any email, written or other correspondence relating to such services.

We retain the right and entitlement to revise or vary the Agreement and such revisions and variations will become binding on you as referred to below. The Agreement forms a legally binding agreement between us and you. Continued use of the Website or accepting Services offered by us by ticking the box ‘Please confirm you have read and agree to our Terms and Conditions.’ constitutes acceptance of the Agreement and formation of a legally binding agreement.

Any individual submitting a Purchase on behalf of a company or other legal entity represents and warrants that he or she has the legal authority and entitlement to bind that entity into the Agreement in which case “you”, “your” and “user” shall mean the company or legal entity. The Agreement is the complete and exclusive agreement between you and us regarding its subject matter and supersedes and replaces any prior agreement, understanding, or communication, written or oral. If you do not accept any element of the Agreement you must not take up any of the Services offered by the Website. The Agreement imposes significant legal obligations on you and also places limits on your legal rights. Please seek independent legal advice before entering into the Agreement.

Any Purchase or commencement of supply of Services is done so on the basis that you have agreed to be legally bound to the terms of the Agreement and that you represent and warrant that you have the legal authority to enter into said Agreement.

Variation to the Agreement
We reserve the right and entitlement to alter the Agreement at any time. We will notify you in accordance with the Agreement at least thirty (30) days prior to any alterations becoming valid and binding. Upon receipt of such notice, you will have the option either to terminate your account under the provisions of clause 10 or to continue to use our Services and be bound by the altered Agreement. After the altered Agreement has come into force, purchase of additional Services constitutes your agreement to be legally bound to the altered Agreement’s terms and conditions in full.

1. Definitions

In this Terms and Conditions:

“Acceptable Use Policy” or “AUP” means the HA247 Acceptable Use Policy as of the date you make each Purchase or exchange of Credits for Services, as it may be amended in accordance with the Agreement.
“Agreement” refers collectively to the Purchase, these Terms and Conditions, the Service Level Agreement and the Acceptable Use Policy.
“Agreement Date” means the earlier of: (i) the date on which you accept these Terms and Conditions in writing (ii) the date you first use the Services.
“Beta Testing” refers to a situation when you choose to participate in any beta test of a Service that is pre-release.
“HA247” means HA247 which is a trading name of Rethink IT Limited whose registered office is 167-169 Great Portland Street, London, W1W 5PF.
“Confidential Information” means all non-public information disclosed by one party to the other at any time irrespective of the date of the Agreement, that the receiving party should reasonably understand to be confidential, including: (i) for you, all information stored or transmitted to or from the HA247 network & their partners, (ii) for us, any data centre or server designs, unpublished prices, unpublished Terms and Conditions, internal reports (including for auditing and security purposes), future company development plans, and any other proprietary information, and (iii) for both of us, any information marked as confidential. Confidential Information excludes any information or technology that is developed by one of us without reference to the other’s Confidential Information or becomes available without violation of an applicable law or this Agreement.
“Junk Mail” means email that is designated by our email systems as such as well as email reported by other users of HA247 and by you as unsolicited.
“Service Level Agreement” means the HA247 Service Level Agreement as of the date you make each Purchase or exchange of Credits for Services, as it may be amended in accordance with the Agreement.
“Services” means services provided by HA247 as described on the pages of the Website relevant to that service. Services include only those services which are offered via the Website including but not limited to Dedicated Servers, VPS, IP Addresses and SSL Certificates. Services are provided in accordance with the Agreement.
“Website” means any website with a domain name ending “ha247.co.uk”.
“Working Day” means 9:00 a.m. – 5:00 p.m. Monday to Friday, Excluding Bank Holidays.

3. Services
3.1 Contingent on HA247’s acceptance of your Purchase, and subject to these Terms and Conditions, HA247 agrees to provide Services.
3.2 Services offered via the Website may vary in scope and nature over time. You acknowledge, accept and agree that elements of the Services may be varied, updated, replaced, removed, supplemented or added to over time as we so determine appropriate.
3.3 We shall provide the Service to you subject to the Agreement from the Agreement Date until the Service is fully delivered, its term expires, it is terminated or it is suspended under the terms of the Agreement.
3.4 The provision of Services is strictly subject to you ensuring your account does not fall into arrears as and you acknowledge, accept and agree that we may suspend or terminate Services to you if your account is more than 30 days overdue.
3.5 We retain the right to verify your identity at any time. In the event that we are unable to verify your identity using reasonable endeavours, at our sole discretion we may require you to provide further proof of identity including but not limited to:
3.5.1 an original or certified copy of photographic ID in the form of a driving licence or passport; and/or
3.5.2 an original or certified copy of proof of address as deemed acceptable to us.
3.6 If you fail or are unwilling to provide such evidence as reasonably requested by us then we shall be entitled to immediately suspend and/or terminate your use of Services.
3.7 We shall not be responsible for any back up, recovery or other step required to ensure that data and information stored on the HA247 network and infrastructure as part of provision of Services to you is recoverable in the case of any data loss, system fault, software failure, hardware failure or other activity which results in any loss of data, information or other item that is being stored as part of our Services.
3.8 We may suspend your Services without liability if:
3.8.1 we have reason to believe that the Services, have, are being or will be used in violation of the Agreement;
3.8.2 you do not co-operate with reasonable investigations into suspected violations of the Agreement;
3.8.3 we reasonably believe that your Services are being accessed or used by third parties without your authorisation;
3.8.4 your account is in arrears;
3.8.5 we reasonably believe it is necessary in order to protect our network infrastructure and Services to other customers;
3.8.6 we discover that you are affiliated with a person or legal entity that has used our Services in the past and had their account terminated; or
3.8.7 we are required to do so by law.
3.9 We will endeavour to provide you with reasonable notice of any suspension under this clause unless it our reasonable belief that an immediate suspension or shorter notice is required to protect our network infrastructure and services to other customers from significant operational or security risk or because we are compelled to do so.
3.10 We will continue to charge you for Services during any suspension resulting from a breach of obligations under the Agreement by you. You may be charged a reinstatement fee of up to £195 to remove a suspension over your account.
3.11 We are not responsible for any unauthorized access to your data or the unauthorized use of Services under your account. You represent and warrant that you are solely responsible for the use of Services whether or not authorised by you, by any employee of yours, any person to whom you have given access to the Services and/or any person who gains access to your data or Services as a result of a failure by you to use reasonable security precautions. You hereby indemnify us and hold us harmless against all costs, claims, expenses and damages whatsoever arising from the use of or access to your data or Services by any third party.
3.12 We do not support any website, web application, third party software or scripts which are installed or operate as part of the Services we offer to you.
3.13 We have no obligation to provide security other than as stated in the Agreement. We disclaim any and all warranties not expressly stated in the Agreement, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
3.14 You are required to maintain a website, web application, third party software or scripts with current security versions.
3.15 Both free Services and Services are provided to you on an AS IS basis.
3.16 We will be the sole arbiter of any dispute regarding the provision of Services and our decision will be final and binding.

4. Use of Services
4.1 You acknowledge, accept and agree to the following:
4.1.1 only to use the Services in accordance with the Acceptable Use Policy;
4.1.2 to comply with applicable laws at all times;
4.1.3 not to interfere with Services or the provision of Services;
4.1.4 you will at all times act in good faith in relation to the Services;
4.1.5 not to continue to use Services if you have had an account suspended or terminated now or at any time in the past;
4.1.6 that you are solely responsible for the suitability of the service chosen;
4.1.7 to use reasonable security precautions in relation to your use of the Services;
4.1.8 only share your password with a person or persons whom you have authorised to use your account;
4.1.9 that your account is non-transferable and you will be liable for any and all activities undertaken using your user account together with the associated password, whether or not the person undertaking the activities has been authorised by you;
4.1.10 keep up to date your billing, contact and other account information;
4.1.11 that there are inherent risks with Internet connectivity that may result in the loss of your privacy, Confidential Information and/or property;
4.1.12 immediately notify us of any suspected or actual unauthorised use of your account or any security breach; and
4.2 You accept, acknowledge and agree that the Services may not be used in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. This includes but is not limited to use of the Services in connection with modes of human mass transportation, nuclear and chemical facilities, critical infrastructure and medical devices whose failure or malfunction could result in harm to persons. Accordingly, without prejudice to any other disclaimer or limitation of liability in these Terms and Conditions, we specifically disclaim any express or implied warranty of fitness of the Service for use for such activities.
4.3 You accept and agree that you have no right to physical access to the premises from which the Service is provided without our explicit prior permission which will be granted at our sole discretion.
4.4 You acknowledge, accept and agree that the provision of Services and the Website is strictly subject to:
4.4.1 payment of all fees and charges in a prompt and timely manner;
4.4.2 your full compliance with the Agreement including these Terms and Conditions;
4.4.3 compliance with all relevant laws and regulations at all times; and
4.5 You represent and warrant to us that:
4.5.1 you are 18 years of age or over, capable of taking responsibility for your own actions and of sound mind;
4.5.2 you are able to enter into a legally binding agreement with us;
4.5.3 if you are entering into the Agreement on behalf of a company or other legal entity you have the legal authority and entitlement to bind that entity into the Agreement;
4.5.4 you are the person whose details are provided in connection with your user account;
4.5.5 you are not an undischarged bankrupt or in a voluntary arrangement with your creditors; and
4.5.6 you are not a person to whom HA247 is legally prohibited to provide Services.
4.6 Notwithstanding the provisions of clause 5 you shall effect and maintain sufficient insurance cover in respect of any case of damage, loss or claim in relation to data loss, system fault, software failure, hardware failure or other activity which results in any loss of data, information or other item that is being stored as part of our Services.
4.7 In the event that Services or access to the Website are suspended and/or terminated in relation to you and you believe that such action has been taken incorrectly, you must immediately contact us to allow a full investigation into the matter thereby limiting and mitigating against damage, loss and claims as a result of the suspension and/or termination.

5. Service Level Agreement
5.1 The Service Level Agreement forms part of the Agreement for Services you Purchase from HA247.
5.2 Any credit resulting from the terms and conditions of the Service Level Agreement shall be held on account for use against future Services. No credits resulting from the Service Level Agreement will be paid to you as cash or another form of refund.

6. Beta Services
A Service in Beta Testing is subject to the following terms:
6.1 You acknowledge the Beta Testing involves using a pre-release version that may not function properly;
6.2 You acknowledge that by Beta Testing you may expose yourself to higher than normal risks of operational failures;
6.3 The full commercial release version of the Beta Testing service may change substantially from the pre-release version. This may result in programs, networks and operations that ran on the Beta Testing pre-release version not working with the initial full commercial release or subsequent versions;
6.4 You are not entitled to any compensation under the Service Level Agreement for downtime, performance degradation, loss or corruption of data or any other problems that may result from your Beta Testing;
6.5 You agree to provide information and feedback on your Beta Testing in a form reasonably requested by us;
6.6 You agree that we may use your information and feedback for any purposes including but not limited to product development. We may use comments publicly for press and promotional materials with your prior permission;
6.7 You agree that any intellectual property inherent in your feedback or product development of our Services arising from your Beta Testing of any Service shall be owned exclusively by HA247;
6.8 You agree that any information regarding your Beta Testing including your experiences and opinions are Confidential Information of HA247, as defined in these Terms and Conditions. All information in relation to Beta Testing may only be used for the purpose of providing feedback to HA247;
6.9 You should not use Beta testing for a live production environment. Beta Testing must not be used for critical computing functions including but not limited to any hazardous environments, life support or weapons systems;
6.10 Beta Testing is provided “AS IS” with no warranty whatsoever;
6.11 To the extent permitted by applicable law, HA247 disclaims any and all warranties with respect to Beta Testing including the implied warranties of merchantability, fitness for purpose and non-infringement;
6.12 The maximum aggregate liability of HA247 and any of its employees, agents, affiliates, or suppliers, under any theory of law for harm to you arising from your Beta Testing shall be a payment of money not to exceed One Hundred British Pounds (£100.00); and
6.13 We reserve the exclusive right to terminate Beta Testing of a Service at any time at our sole discretion.

7. Support
7.1 In relation to a fault or disruption with our Services, we will use reasonable endeavours to respond to all requests.
7.2 We will use reasonable endeavours to resolve faults referred to us in accordance with clause 7.1.
7.3 All requests for support should be made to us using the support contact details provided on the Website and in the SLA.
7.4 We will provide you with reasonable notice for all schedule maintenance and/or downtime in advance and shall be entitled to undertake said scheduled maintenance and/or downtime.
7.5 In the event that it is our reasonable commercial belief that emergency maintenance and/or downtime is required, we may do so at any time without the requirement to provide reasonable notice to you.

8. Links to Third Party Web sites
8.1 Links to third party websites on the Website are provided from time to time solely for your convenience. If you use these links, you leave the Website.
8.2 We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.
8.3 We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
8.4 If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
8.5 You acknowledge and agree that we will not be responsible for the availability of such third party websites and will not be responsible or liable for any content or services available from such third party websites. You should check the privacy statements and terms and conditions of use of third party websites accessible from the Website.

9. Links to the Website
9.1 If you would like to link to the Website, you may only do so subject to the following conditions:
9.1.1 you do not remove, distort or otherwise alter the size or appearance of the “HA247” logos or trademarks;
9.1.2 you do not create a frame or any other browser or border environment around the Website;
9.1.3 you do not in any way imply that we are endorsing any products or services other than our own;
9.1.4 you do not misrepresent your relationship with us nor present any other false information about us;
9.1.5 you do not otherwise use any “HA247” trademarks and/or logos displayed on the Website without express written permission from us;
9.1.6 you do not link from a website that is not owned by you; and
9.1.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
9.2 We expressly reserve the right to revoke the above permission to link to our Website where you are in breach of the Terms and Conditions and take any other action we deem appropriate. You shall indemnify us fully for any loss or damage suffered by us or any of our associate companies where you are in breach of the above permission to link to the Website.

10. Termination
10.1 The Agreement shall commence on the Agreement Date and shall continue until terminated by you or us.
10.2 You or us may terminate the Agreement by giving thirty (30) days written notice after the agreed contract term has expired.
10.3 We may terminate the Agreement without notice to you and without providing any refund if any of the following occurs:
10.3.1 the information you provided about yourself was false, materially inaccurate or incomplete;
10.3.2 you were not 18 years old or did not have the legal capacity to enter into the Agreement at the time of submitting the Purchase for Services either in the capacity as an individual or on behalf of another person or legal entity;
10.3.3 we are precluded from providing the Services to you by law or the decision of a competent legal or governmental authority;
10.3.4 a credit report indicates you no longer meet our reasonable criteria for creditworthiness;
10.3.5 you are declared bankrupt, become insolvent, cease trading or otherwise are unable to meet debt and payment obligations as they fall due;
10.3.6 you fail to pay any sum due to us as it falls due and do not remedy the overdue amounts within five (5) Working Days of receiving notice from us that you have amounts overdue;
10.3.7 we reasonably decide that your ability to pay has been adversely affected including your credit or debit card being declined or us receiving notice of any disputed charges with your credit or debit card provider or your bank;
10.3.8 you violate the Acceptable Use Policy;
10.3.9 your death or the ceasing to exist of a legal entity where applicable; or
10.3.10 you fail to comply with any provision of the Agreement and do not remedy the failure within twenty (20) Working Days of our notice to you outlining the failure.
10.5 You may terminate the Agreement with us for breach of the Agreement by written notice if any of the following occurs:
10.5.1 we materially fail to provide the Services as agreed and do not remedy the failure within five (5) Working Days of receiving your written notice outlining the failure; or
10.5.2 we materially fail to meet any obligation under the Agreement and do not remedy the failure within twenty (20) Working Days of receiving your written notice outlining the failure.
10.6 Upon termination of the Agreement you:
10.6.1 will not have access to any data stored on our network and infrastructure using the Services;
10.6.2 must discontinue use of the Services;
10.6.3 shall remain liable for any amounts outstanding at the date of termination; and
10.6.4 must relinquish use of any IP addresses and server names assigned to you by us in relation to the Services and also point any Domain Name Services away from us in relation to you.
10.7 Termination of this Agreement for whatever reason shall not affect:
10.7.1 the accrued rights and liabilities of the parties arising in any way out of this Agreement at the date of termination including without limitation the right to recover damages against the other; and
10.7.2 any provisions expressed to survive this Agreement, which shall remain in full force and effect.

11. Taxes, Duty and Value Added Taxation
11.1 All amounts payable for Services and Credits are stated exclusive of any VAT unless stated otherwise. We reserve the right and shall be entitled to charge VAT and other taxes and duty as appropriate.
11.2 You agree that you are liable for all taxes and duty resulting from your purchase of our Services.

12. Notices
12.1 All Services and the Website are operated and managed by HA247. For routine communications regarding the Website or Services please contact us using the details provided on the Website.
12.2 Notices regarding termination of the Agreement or other legal matters should be sent by email and by recorded postal delivery to:
By Post:
HA247
Aspire House
31 Bootham
York
North Yorkshire
YO30 7BT
By Email:
accounts@ha247.co.uk
14.3 HA247 will give notice of amendments to the Acceptable Use Policy, Terms and Conditions, Privacy Policy, Copyright Notice and Service Level Agreement by posting them on the Website.
14.4 Notices for amendments to the Acceptable Use Policy, Terms and Conditions, Privacy Policy, Copyright Notice and Service Level Agreement are deemed received at the time that you next log in to the Web Console or the beginning of the first Working Day following the time delivered.

13. Disclaimer
13.1 We take all reasonable care to ensure that the information contained on the Website is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on the Website (including these Terms and Conditions) at any time. You must therefore check these Terms and Conditions for any such changes each time you visit the Website or utilise the Services.
13.2 To the best of our knowledge, the information contained within the Website is accurate. Whilst we take reasonable care to ensure its accuracy, we make no representations or warranties of any kind with respect to the Website or the content contained on it, including any text, graphics, advertisements, links or other items. We will not be liable to any customer or member of the public for any information supplied on the Website. Our Website is, provided on an “as is” basis and we do not make any representations or warranties if such information subsequently proves to be inaccurate or out of date. Neither us nor any other contributor to the Website make any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free.

14. Liability
14.1 All Services, software, content, images, materials and other data or information provided by us are done so ‘AS IS’.
14.2 We make no representations or warranties whether express, implied, statutory or otherwise with respect to the services, software, content, images, materials and other data or information.
14.3 Except to the extent prohibited by applicable law, we disclaim all warranties including, without limitation, any implied warranties of merchantability, fitness for purpose, satisfactory quality, quiet enjoyment, non-infringement and any warranties arising out of the course of dealing or usage of trade.
14.4 We make no representations or warranties that the Services will be uninterrupted, error-free, or completely secure or that data stored using the Services will be secure or otherwise safe from loss or damage.
14.5 We shall not be responsible for any interruptions to the Services including but not limited to power outages, system failures or other interruptions including those that affect the acceptance and completion of payments for Purchases.
14.6 No advice or information obtained from us by you directly, via the Services or any third party shall create any warranty not expressly stated in these Terms and Conditions.
14.7 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence, fraud or any liability which cannot be excluded by applicable law.
14.8 We do not warrant and shall not be liable for any damage to, or viruses which may infect, your computer equipment or other property by reason of your access to, browsing or use of the Website.
14.9 We do not warrant that functions contained in the Services will be uninterrupted or error free or that defects will be corrected.

15. Limitation of Liability
15.1 Other than the payment obligations and/or indemnity obligations as set out in these Terms and Conditions liability of each party to the other arising from any given event or series of connected events shall be strictly limited to the amount paid by you to us during the immediately preceding month in which the event (or first in a series of connected events) occurred.
15.2 You acknowledge, accept and agree that the Service Level Agreement and Credits due under it from time to time are your sole compensation and recourse for damages and/or losses suffered by you and represent our total liability in relation to you in contract or tort (other than fraud) under the Agreement.
15.3 You acknowledge, accept and agree that neither party shall be liable in contract or tort (other than fraud) for:
15.3.1 pre-contract or other representations;
15.3.2 damages or losses as a result of disruption or interruptions of any kind to Services and any associated data loss or lack of availability; and
15.3.3 loss of business, contracts, anticipated savings, loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss or use of data or any indirect or consequential losses under any circumstances.

16. Indemnity
You shall indemnify and defend us, our agents, affiliates, suppliers, directors, officers, employees and partners (the “HA247 Indemnitees”) from and against any legal claims, losses, liabilities, expenses, fines, damages and settlement amounts including reasonable legal fees and court costs incurred by HA247 Indemnitees arising under any claim as a result of your actual or alleged gross negligence, wilful misconduct, violation of law, failure to meet the security obligations required by the Agreement, violation of the Acceptable Use Policy or the Terms and Conditions. These indemnification obligations shall be enforceable provided that we promptly communicate to you reasonable details of any claim and cooperate in defending any claim. We will choose legal counsel to defend any claim provided these decisions are reasonable and communicated promptly to you. You must comply with reasonable requests from us for assistance and cooperation in defence of the claim. We may not agree to any settlement in relation to any claim without your prior written consent which may not be unreasonably withheld. Expenses incurred by HA247 Indemnitees must be paid by you as they are occurred.

17. Force Majeure
Neither of us will be in violation of the Agreement or liable for any loss or damage that the other may suffer because of any: act of God; power cut; power surge; fire, flood, earthquake, storm, hurricane or other natural disasters, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or other utilities, or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend the Website and/or our Services without incurring any liability.

18. Changes to the Agreement
18.1 We reserve the right to make changes to the Agreement including our Acceptable Use Policy, these Terms and Conditions, and the Service Level Agreement, provided that changes are consistent with applicable law, industry norms and are reasonable. Any changes we make during the term of the Agreement will become effective to you in reference to all Services past, present and future when the earliest of the following occurs:
18.1.1 you make a new/additional Purchase of credits that incorporates the revised Agreement, or;
18.1.4 thirty (30) days after our notice to you describing the change.
18.2 If you do not wish to continue to use our Services following any such change you may terminate the Agreement by giving us written notice of termination on such grounds not later than thirty (30) days following the date that you were notified of the change.

19. Further Terms
19.1 The illegality, invalidity or unenforceability of a provision of the Terms and Conditions under the law of any jurisdiction does not affect: the legality, validity or enforceability of any other provision of the Terms and Conditions in that jurisdiction; or the legality, validity or enforceability of that or any other provision of the Terms and Conditions under the law of any other jurisdiction.
19.2 If there is a conflict between the terms of any of the documents that comprise the Agreement, the documents will govern in the following order: Terms and Conditions, the Acceptable Use Policy, the Service Level Agreement.
19.3 The Agreement constitutes the entire agreement between you and us relating to the provision of the Service, and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or information given by any party shall alter the interpretation of the Agreement. In agreeing to these Terms and Conditions, you have not relied on any representation other than those expressly stated in these Terms and Conditions.
19.4 You may not assign the Agreement without our prior written permission. We may assign the Agreement in whole or in part as part of a sale or corporate reorganization of our company and we may transfer your Confidential Information as part of any such transaction.
19.5 Any Purchase may be amended by a formal written agreement signed by both parties, or by an exchange of correspondence, including electronic mail, that includes the express consent of an authorized individual for each of us.
19.6 The relationship between you and us is one of independent contractors and the Agreement is not intended to create any type of partnership, joint venture, employee/employer relationship or franchise. Neither of us is an agent for the other and neither of us has the right to bind the other on any agreement with a third party.
19.7 The captions, section headings and titles in the Agreement are for convenience only and are not part of the Agreement.
19.8 We may use third party service providers to perform all or any part of the Services however we remain responsible to you under the Agreement for services performed by third party service providers to an equal extent as if we performed the third party services ourselves.
19.9 No delay and/or failure by us to enforce our rights or entitlements under the Agreement shall be deemed to be a waiver.
19.10 Other than as stated in these Terms and Conditions, the Agreement may be modified only by a formal document signed by both you and us.
No such waiver shall be considered a waiver of any subsequent breaches similar or otherwise.
19.12 Each of us acknowledges, accepts and agrees that we will not bring a claim against the other under the Agreement more than three calendar months after the time that the claim accrued.

20. Service Terms

20.1 We will agree a commencement date that shall be noted on the Services Contract.
20.2 Duration of the Agreement will be twelve months from the Commencement Date, thereafter the Contract will be a monthly rolling contract with 30 days required for cancellation.

Last Updated: 12 May 2016

Acceptable Usage Policy

Violation of the Acceptable Use Policy (“AUP”) may result in suspension or termination of your (“your”, “you”) services in accordance with the Rethink IT, trading as HA247(“we”, “us”) Terms of Service. Should any action be taken by HA247 in the suspension or the withdrawal of Services the Client shall forgo any claims against HA247 in respect of refunds for unused Services and any performance claims against HA247.

HA247 at its discretion reserves the right to disable and/or remove any website, whether or not HA247 has given you advance notice or not, that it believes is in breach of any part of the AUP.

Abusive Usage
You may not use HA247 services for actions or activities which, at our sole discretion, may be illegal, offensive and abusive or promote and foster such irresponsible behaviour as well as actions contrary to accepted Internet norms or behaviour that threatens our infrastructure. This includes but is not limited to:
Storage or transfer of illegal material, including material which it is illegal to transmit over a public telecommunications network; Involvement in fraudulent activities;
Unauthorised access to systems, networks and data including attempts to identify vulnerabilities in systems and networks without the express permission of the system or network owner;
Use of an Internet account or computing without the owners’ authorisation;
Monitoring of data and network traffic without the owners’ authorisation;
Collection of user information (including financial information) and email addresses without the consent of the person identified (phishing);
Interference with service to other users of computer systems or networks, including denial of service attacks;
Use of false or misleading TCP-IP packet header information including but not limited to within emails and newsgroup postings;
Publishing of websites or other material which are advertised by techniques (including but not limited to spam) which we would classify as abusive if they were carried out by HA247;
Use of HA247 services to distribute software that covertly transmits user information and advertising delivery software (unless said software includes user consent and easy removal using standard established methods);
Any other misuse of our or other computer systems; and
Any conduct likely to result in retaliation against HA247 services, including engaging in behaviour that results in a denial of service attack.

Offensive Content
We prohibit content on HA247 Services which appear to us, at our sole discretion, to be offensive. This includes but is not limited to the storing or transmitting of any content or links to any content which we believe to be:
Excessively violent, inciting violence or threatening violence;
Child pornography or non-consensual sex acts;
Harassing or inciting hate of any person or group of persons;
Defamatory;
Violating the privacy of any person or group of persons;
Promoting or soliciting illegal activities under any applicable laws;
Exposing trade secrets, infringing copyright, trademarks or patents or assisting others in doing so;
Unfair or deceptive under consumer protection laws under any jurisdiction;
Is illegal or promotes illegal activity under your applicable laws or that of HA247;
Violates export control laws or relates to illegal arms trafficking or illegal gambling;
Promotes illegal drugs; and
Creates a risk to safety, health or national security.

Bulk Email & Content
We prohibit all uses of HA247 Services which appear to us at our sole discretion to involve bulk email or posting of content. This includes but is not limited to:
Sending of unsolicited bulk/commercial email (spam); and
Excessive posting on web forums, news groups, chat services or IRC.

In order to send bulk or commercial email using HA247 Services, you must seek prior approval from HA247 which will only be granted if you can demonstrate that:
All intended recipients have given their express consent to receive such email, for example via an opt-in procedure;
Procedures for express consent from recipients of email must include reasonable steps to ensure the individual/company giving consent is actually the owner of the email receiving emails;
You retain proof of consent for all recipients and are able and willing to produce such evidence to HA247 within 5 working days of requests made by HA247 to provide proof;
You retain a clear procedure for any recipient to revoke consent for receiving email and can demonstrate this procedure to HA247 upon request;
You honour all requests to revoke consent for receiving email from recipients within 5 working days of receiving said request and you confirm to the requesting recipient when the removal procedure has been completed;
You maintain a Privacy Policy clearly linked on the website associated with the emails being transmitted;
You must maintain an email address for reporting abuse or complaints. This email address must be registered with www.abuse.net;
Emails received at your registered abuse email address must be responded to within 5 working days of receipt;
The source of any email sent using HA247 services must not be disguised or obscured in any manner;
These requirements relate to all email transmitted via HA247 services or relating to any site or services hosted or using any HA247 services; and
HA247 retains the right to test and monitor continued compliance with the above conditions.

HA247 may block mail that violates this AUP and your mail services may be suspended or terminated for any violation of this AUP in accordance with the Terms of Service.

Behaviour Posing a Threat to Infrastructure
We prohibit all uses of HA247 services which appear to us, at our sole discretion, to threaten our infrastructure. This includes but is not limited to:

Usage which imposes excessive load beyond that expected from a typical server. For example, continuous high CPU or I/O use;
Virtual server configurations with inadequate security, allowing unauthorised third party access; and
Attempts to circumvent our mechanisms for controlling, monitoring or billing usage.

Service Level Agreement
No support will be available under the HA247 Service Level Agreement for interruptions of service resulting from Authorised Use Policy violations.

Compliance for You & Your Users
You will ensure that all use of HA247 services, whether by you or by any of your users, follows the Terms of Service. In addition, you will bind your users to an Acceptable Use Policy containing all of the restrictions above.

Last Updated: 07 July 2017

Secure Managed Server - SLA

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between HA247 and the Client for the provisioning of Secure Managed Server

Table of contents;
1. Service Guarantee
2. Configuration and application changes
3. Non critical issues, change requests or support requests
4. Critical issues, change requests or support requests
5. Backup
6. Monitoring and Availability
7. Maintenance
8. Limitations and Exemptions
9. Billing

1. Service Guarantee
HA247 guarantees the Client’s Service will exist in High Availability depending on the underlying solution;

VPS, Disk Replication.

  • Availability Level 2 (AL2, 99.9%)
  • This level of availability is achieved through the duplication of critical components of a system to increase the reliability
  • We also include the same level of data replication that comes with True HA (Raid 1 over LAN)
  • Each VPS host server is connected to an A + B power Grid.
  • Each VPS host server is connected to an A + B network system.

Dedicated Servers, True HA

  • Availability Level 3 (AL3, 99.999%)
  • This level of availability is achieved through the the replication of data between physical devices,True HA and the duplication of critical components of a systems physical hardware.
  • The True HA mechanism will automatically recover from hardware failure.
  • Each Dedicated Server is connected to an A + B power Grid.
  • Each Dedicated Server is connected to an A + B network system.

HA247 guarantee High Availability of the Server, (AL2 or AL3). This covers the hardware or hypervisor and not the software running on the servers. The Server will be deemed available if HA247’s monitoring can reliably reach the Server.
HA247 guarantee 100% network availability in any given month. The network will be deemed available if HA247’s monitoring can reliably reach the Server.
If we fail to meet the guarantees detailed above, you will be able to request a credit up to a maximum of 100% of your monthly fee.

2. Configuration and application changes
All changes made to the server are to be made exclusively by HA247. All changes including application configuration and installation will be handled by HA247’s configuration management system. Any changes made by the Client are likely to be overwritten by HA247’s configuration management system.
Requests for changes to the system should be made via “3. Non-critical issues, change requests or support requests” or “4. Critical issues, change requests or support requests”.
The addition of websites, users and other common hosting tasks are provided as part of the Secure Managed Server service charge.

3. Non-critical issues, change requests or support requests:
Requests should be made by raising a ticket via the ticketing system or emailing support@ha247.co.uk . Any non-critical issues will have a response within 4 hours during business hours.
Any work required to be actioned out of hours, on behalf of the Client, needs to be scheduled in and approved by the HA247 support team 48 hours beforehand.

4. Critical issues, change requests or support requests:
Requests should be made by raising a ticket via the ticketing system or emailing support@ha247.co.uk, critical issues will have a response within 1 hour during business hours. Issues regarding the availability of the Service need also to be reported to a member of the support team by calling 01904 500272, if a call is made out of hours this number will be diverted to the on-duty engineer as part of our Out of Hours Operational Support.
Out of Hours Operational Support is intended to provide support for Clients with critical issues with regards to the services provided by HA247.
Out of Hours Operational Support requests should be made by raising a ticket via the ticketing system, emailing support@ha247.co.uk, or calling 01904 500272. Critical issues with regards to the Service will be dealt with immediately and you will have a response within 4 hours.

5. Backups
File level backups of the server are made after 1am every morning. Should the backup be interrupted (including but not limited to network disruption) or the backup become corrupted, the latest restore point will be that of the last successful backup.
Backup completions are monitored by HA247, should any issues arise they will be treated as “Critical issues”.
Backups of databases are made by using MySQL dump and are stored locally on the server. Should the password for the root MySQL be altered these backups will fail.
Backup retrieval must be initiated by raising a ticket with HA247 and providing the following details;
The server’s hostname.
Full path of the file or directory to be recovered.
The date from which you would like the backup to be retrieved.
A valid location to copy the backup to.

6. Monitoring and Availability
HA247 monitor all aspects of the Server via our internal monitoring systems.
Issues regarding the availability of the server will be alerted to the support team, within business hours, or the on-call engineer, out of business hours, and will be treated as a “critical issue”.
Any security based issues that have been brought to our attention via upstream providers will be relayed to the Client and must be addressed by Client, as advised by HA247. If the issue has not been resolved within 2 working days then the service may be restricted or suspended.

7. Maintenance
Security updates will be automatically installed on all servers and are applied between 6:00am and 8:00am. Should the update require a reboot of the dedicated server this will commence immediately after the
updates have been installed.

8. Limitations and Exemption
The following items or situations are exempt from HA247 contractual responsibilities or obligations;
Acts or omissions of you or your users
Unmanaged software installed and running on your server.
Violations of our Acceptable Use Policy.
Scheduled maintenance, emergency maintenance, Client requested maintenance or Client requested changes.
Factors outside our control, including but not limited to any force majeure events, Denial of Service attacks, compromised software, unauthorised software running on your server, upstream providers or failures of the internet.
Inadequate resource to meet levels of traffic
Law enforcement activity.
All invoices for the service must be up to date for Client to be eligible for support services provided by HA247 in relation to the services.

9. Billing.
Ad-hoc work
All work will be logged by the engineer working on the server. Any additional work required or requested by Client will be calculated at the end of each calendar month and billed to the Client.

Bandwidth
We do not limit traffic, but operate a fair use policy. However, if traffic regularly exceeds 3000GB / month we may review the position. 3000GB (3TB) / month is roughly 10mb/s sustained. If a Client continually uses more than this we will evaluate the additional bandwidth usage and charge accordingly. Our bandwidth overage charge is £5 per mb/s in excess of the 10 mb/s fair usage allowance.

Backup
Our backup system offers 200GB of backup storage. Over usage of this resource is charged at 40p per 1GB, monthly in arrears. Additional backup space can be purchased in blocks of 50GB, charged at £17.5 per month per 50GB packet (35p / 1GB equivalent)

Configuration and application changes
Any bespoke changes that are required to be implemented will be developed into the configuration management system to ensure consistency, accountability and auditability. Bespoke changes will be charged £95 + vat / hour.

This Service Level Agreement forms part of the Agreement with HA247, along with Terms and Conditions and Acceptable Use Policy, and is subject to all the terms and conditions stated in these documents.

Updated – 14 March 2018

Secure Managed Cloud - SLA

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between HA247 and the Client for the provisioning of Secure Managed Cloud

Table of contents;
1. Service Guarantee
2. Configuration and application changes
3. Non critical issues, change requests or support requests
4. Critical issues, change requests or support requests
5. Backup
6. Monitoring and Availability
7. Maintenance
8. Limitations and Exemptions
9. Billing

1. Service Guarantee
HA247 guarantees the Client’s Service will exist in High Availability depending on the underlying solution and how your application is integrated into the service;

  • Availability Level 3 (AL3, 99.999%) to Availability Level 4 (AL4, fault tolerant).
  • This level of availability is achieved through the distribution of services across multiple servers, vps or containers. Reaching AL4 requires your application to handle the failure of some components or services.

HA247 guarantee High Availability of the Service or Web Application, (AL3 or AL4) This covers the availability of the Service or Web Application being delivered by the Service. The Service will be deemed available if HA247’s monitoring can reliably reach the Service or Web Application.
HA247 guarantee 100% network availability in any given month. The network will be deemed available if HA247’s monitoring can reliably reach the Service or Web Application
If we fail to meet the guarantees detailed above, you will be able to request a credit up to a maximum of 100% of your monthly fee.

2. Configuration and application changes
All changes made to the server are to be made exclusively by HA247. All changes including application configuration and installation will be handled by HA247’s configuration management system. Any changes made by the Client are likely to be overwritten by HA247’s configuration management system.
Requests for changes to the system should be made via “3. Non critical issues, change requests or support requests” or “4. Critical issues, change requests or support requests”
The addition of websites, users and other common hosting tasks are provided as part of the Secure Managed Coud service charge.

3. Non critical issues, change requests or support requests.
Requests should be made by raising a ticket via the ticketing system or emailing support@ha247.co.uk . Any non-critical issues will have a response within 4 hours during business hours.
Any work required to be actioned out of hours, on behalf of the Client, needs to be scheduled in and approved by the HA247 support team 48 hours beforehand.

4. Critical issues, change requests or support requests.
Requests should be made by raising a ticket via the ticketing system or emailing support@ha247.co.uk, critical issues will have a response within 1 hour during business hours. Issues regarding the availability of the Service need also to be reported to a member of the support team by calling 01904 500272, if a call is made out of hours this number will be diverted to the on-duty engineer as part of our Out of Hours Operational Support.
Out of Hours Operational Support is intended to provide support for Clients with critical issues with regards to the services provided by HA247.
Out of Hours Operational Support requests should be made by raising a ticket via the ticketing system, emailing support@ha247.co.uk, or calling 01904 500272. Critical issues with regards to the Service will be dealt with immediately and you will have a response within 4 hours.

5. Backups
File level backups of the server are made after 1am every morning. Should the backup be interrupted (including but not limited to network disruption) or the backup become corrupted, the latest restore point will be that of the last successful backup.
Backup completions are monitored by HA247, should any issues arise they will be treated as “Critical issues”.
Backups of databases are made by using MySQL dump and are stored locally on the server. Should the password for the root MySQL be altered these backups will fail.
Backup retrieval must be initiated by raising a ticket with HA247 and providing the following details;
The server’s hostname.
Full path of the file or directory to be recovered.
The date from which you would like the backup to be retrieved.
A valid location to copy the backup to.

6. Monitoring and Availability
HA247 monitor all aspects of the Server via our internal monitoring systems.
Issues regarding the availability of the server will be alerted to the support team, within business hours, or the on-call engineer, out of business hours, and will be treated as a “critical issue”.
Any security based issues that have been brought to our attention via upstream providers will be relayed to the Client and must be addressed by Client, as advised by HA247 If the issue has not been resolved within 2 working days then the service may be restricted or suspended.

7. Maintenance
Security updates will be automatically installed on all servers and are applied between 6:00am and 8:00am. Should the update require a reboot of the dedicated server this will commence immediately after the updates have been installed.

8. Limitations and Exemption
The following items or situations are exempt from HA247 contractual responsibilities or obligations;
Acts or omissions of you or your users
Unmanaged software installed and running on your server.
Violations of our Acceptable Use Policy.
Scheduled maintenance, emergency maintenance, Client requested maintenance or Client requested changes.
Factors outside our control, including but not limited to any force majeure events, Denial of Service attacks, compromised software, unauthorised software running on your server, upstream providers or failures of the internet.
Law enforcement activity.
Inadequate resource to meet levels of traffic.
Changes made to the Service or Web Application that may cause higher load on this Solution.
All invoices for the service must be up to date for Client to be eligible for support services provided by HA247 in relation to the services.

9. Billing.
Ad-hoc work
All work will be logged by the engineer working on the server. Any additional work required or requested by Client will be calculated at the end of each calendar month and billed to the Client.

Bandwidth
We do not limit traffic, but operate a fair use policy. However, if traffic regularly exceeds 3000GB / month we may review the position. 3000GB (3TB) / month is roughly 10mb/s sustained. If a Client continually uses more than this we will evaluate the additional bandwidth usage and charge accordingly. Our bandwidth overage charge is £5 per mb/s in excess of the 10 mb/s fair usage allowance.

Backup
Our backup system offers 200GB of backup storage. Over usage of this resource is charged at 40p per 1GB, monthly in arrears. Additional backup space can be purchased in blocks of 50GB, charged at £17.5 per month per 50GB packet (35p / 1GB equivalent)

Configuration and application changes
Any bespoke changes that are required to be implemented will be developed into the configuration management system to ensure consistency, accountability and auditability. Bespoke changes will be charged £95 + vat / hour.

This Service Level Agreement forms part of the Agreement with HA247, along with Terms and Conditions and Acceptable Use Policy, and is subject to all the terms and conditions stated in these documents.

Updated – 14 March 2018

Secure Dedicated Server - SLA

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between HA247 and the Client for the provisioning of Secure Dedicated Server

Table of contents;
1. Service Guarantee
2. Configuration and application changes
3. Non critical issues, change requests or support requests
4. Critical issues, change requests or support requests
5. Backup
6. Monitoring and Availability
7. Maintenance
8. Limitations and Exemptions
9. Billing

1. Service Guarantee
HA247 guarantees the Client’s Service will exist in High Availability via True HA and is described as;

  • Availability Level 1 (AL3, 99.999%)
  • This level of availability is achieved through the the replication of data between physical devices, True HA and the duplication of critical components of a systems physical hardware.
  • The True HA mechanism will automatically recover from hardware failure.
  • Each Dedicated Server is connected to an A + B power Grid.
  • Each Dedicated Server is connected to an A + B network system.

HA247 guarantee High Availability of the Server, (AL3). This covers the hardware or hypervisor and not the software running on the servers. The Server will be deemed available if HA247’s monitoring can reliably reach the Server.
HA247 guarantee 100% network availability in any given month. The network will be deemed available if HA247’s monitoring can reliably reach the Server.
If we fail to meet the guarantees detailed above, you will be able to request a credit up to a maximum of 100% of your monthly fee.

2. Configuration and application changes
All changes including application configuration and installation that are made by HA247 will be applied by HA247’s configuration management system. Any changes made by the Client may be overwritten by HA247’s configuration management system.
The addition of websites, users and other common hosting tasks including the installation of software are to be handled solely by the Client. HA247 do not take responsibility for any changes the Client makes via the control panel provided or by any other means.

3. Non critical issues, change requests or support requests.
Requests should be made by raising a ticket via the ticketing system or emailing support@ha247.co.uk . Any non-critical issues will have a response within 4 hours during business hours.
Any work required to be actioned out of hours, on behalf of the Client, needs to be scheduled in and approved by the HA247 support team 48 hours beforehand.

4. Critical issues, change requests or support requests.
Requests should be made by raising a ticket via the ticketing system or emailing support@ha247.co.uk, critical issues will have a response within 1 hour during business hours. Issues regarding the availability of the Service need also to be reported to a member of the support team by calling 01904 500272, if a call is made out of hours this number will be diverted to the on-duty engineer as part of our Out of Hours Operational Support.
Out of Hours Operational Support is intended to provide support for Clients with critical issues with regards to the services provided by HA247.
Out of Hours Operational Support requests should be made by raising a ticket via the ticketing system, emailing support@ha247.co.uk, or calling 01904 500272. Critical issues with regards to the Service will be dealt with immediately and you will have a response within 4 hours.

5. Backups
File level backups of the server are made after 1am every morning. Should the backup be interrupted (including but not limited to network disruption) or the backup become corrupted, the latest restore point will be that of the last successful backup.
Backup completions are monitored by HA247. Should any issues arise they will be treated as “Critical issues”.
Backups of databases are made by using MySQL dump and are stored locally on the server. Should the password for the root MySQL be altered these backups will fail.
Backup retrieval must be initiated by raising a ticket with HA247 and providing the following details;
The server’s hostname.
Full path of the file or directory to be recovered.
The date from which you would like the backup to be retrieved.
A valid location to copy the backup to.

6. Monitoring and Availability
HA247 monitor all aspects of the Server via our internal monitoring systems.
Issues regarding the availability of the server will be alerted to the support team, within business hours, or the on-call engineer, out of business hours, and will be treated as a “critical issue”.
Any security based issues that have been brought to our attention via upstream providers will be relayed to the Client and must be addressed by Client, as advised by HA247. If the issue has not been resolved within 2 working days then the service may be restricted or suspended.

7. Maintenance
Security updates will be automatically installed on all servers and are applied between 6:00am and 8:00am. Should the update require a reboot of the dedicated server this will commence immediately after the updates have been installed.

8. Limitations and Exemption
The following items or situations are exempt from HA247 contractual responsibilities or obligations;
Acts or omissions of you or your users
Unmanaged software installed and running on your server.
Violations of our Acceptable Use Policy.
Scheduled maintenance, emergency maintenance, Client requested maintenance or Client requested changes.
Factors outside our control, including but not limited to any force majeure events, Denial of Service attacks, compromised software, unauthorised software running on your server, upstream providers or failures of the internet.
Law enforcement activity.
Inadequate resource to meet levels of traffic
All invoices for the service must be up to date for Client to be eligible for support services provided by HA247 in relation to the services.

9. Billing.
Ad-hoc work
All work will be logged by the engineer working on the server. Any additional work required or requested by Client will be calculated at the end of each calendar month and billed to the Client.

Bandwidth
We do not limit traffic, but operate a fair use policy. However, if traffic regularly exceeds 3000GB / month we may review the position. 3000GB (3TB) / month is roughly 10mb/s sustained. If a Client continually uses more than this we will evaluate the additional bandwidth usage and charge accordingly. Our bandwidth overage charge is £5 per mb/s in excess of the 10 mb/s fair usage allowance.

Backup
Our backup system offers 200GB of backup storage. Over usage of this resource is charged at 40p per 1GB, monthly in arrears. Additional backup space can be purchased in blocks of 50GB, charged at £17.5 per month per 50GB packet 35p / 1GB equivalent)

Configuration and application changes
Should the Client request HA247 to make any changes the will be a charge made of £95 + vat per hour.

This Service Level Agreement forms part of the Agreement with HA247, along with Terms and Conditions and Acceptable Use Policy, and is subject to all the terms and conditions stated in these documents.

Updated – 14 March 2018

AWS Managed Cloud Services - SLA

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between HA247 and the Client for AWS Managed Cloud Services

Table of contents;
1. Configuration and application changes
2. Non critical issues, change requests or support requests
3. Critical issues, change requests or support requests
4. Monitoring and Availability
5. Maintenance
6. Limitations and Exemptions

1. Configuration and application changes
All changes made to the infrastructure are to be made exclusively by HA247.
Requests for changes to the system should be made via “3. Non-critical issues, change requests or support requests” or “4. Critical issues, change requests or support requests”.

2. Non-critical issues, change requests or support requests:
Requests should be made by raising a ticket via the ticketing system or emailing support@ha247.co.uk . Any non-critical issues will have a response within 4 hours during business hours.
Any work required to be actioned out of hours, on behalf of the Client, needs to be scheduled in and approved by the HA247 support team 48 hours beforehand.

3. Critical issues, change requests or support requests:
Requests should be made by raising a ticket via the ticketing system or emailing support@ha247.co.uk, critical issues will have a response within 1 hour during business hours. Issues regarding the availability of the Service need also to be reported to a member of the support team by calling 01904 500272, if a call is made out of hours this number will be diverted to the on-duty engineer as part of our Out of Hours Operational Support.
Out of Hours Operational Support is intended to provide support for Clients with critical issues with regards to the services provided by HA247.
Out of Hours Operational Support requests should be made by raising a ticket via the ticketing system, emailing support@ha247.co.uk, or calling 01904 500272. Critical issues with regards to the Service will be dealt with immediately and you will have a response within 4 hours.

4. Monitoring and Availability
HA247 monitor all aspects of the Service.
Issues regarding the availability of the service will be alerted to the support team, within business hours, or the on-call engineer, out of business hours, and will be treated as a “critical issue”.
Any security based issues that have been brought to our attention via upstream providers will be relayed to the Client and must be addressed by Client, as advised by HA247. If the issue has not been resolved within 2 working days then the service may be restricted or suspended.

5. Maintenance
Maintenance will be automatically scheduled between 6:00am and 8:00am.

6. Limitations and Exemption
The following items or situations are exempt from HA247 contractual responsibilities or obligations;
Acts or omissions of you or your users
Unmanaged software installed and running on your server.
Violations of our Acceptable Use Policy.
Scheduled maintenance, emergency maintenance, Client requested maintenance or Client requested changes.
Factors outside our control, including but not limited to any force majeure events, Denial of Service attacks, compromised software, unauthorised software running on your server, upstream providers or failures of the internet.
Inadequate resource to meet levels of traffic
Law enforcement activity.
All invoices for the service must be up to date for Client to be eligible for support services provided by HA247 in relation to the services.

Updated – 12 Feb 2019

Privacy Policy

HA247 cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our products and services, (collectively, our “Services”). Your personal data may include information such as:

  • Name
  • Address
  • Telephone number
  • Date of birth
  • Email address
  • Other data collected that could directly or indirectly identify you

Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update or otherwise take control of your personal data that we process.

If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Officer (“DPO”) by contacting us at privacy@ha247.co uk.

What information do we collect?

We collect information so that we can provide the best possible experience when you utilise our Services. Much of what you may consider personal data is collected directly from you when you:

  • Create an account or purchase any of our Services (e.g. invoice information, including name, address, and email address);
  • Request assistance from our customer support team (e.g. phone number);
  • Complete contact forms or request newsletters or other information from us (e.g. email); or
  • Apply for a job, or otherwise participate in activities we promote that might require information about you.

However, we also collect additional information when delivering our Services to you to ensure necessary and optimal performance. These methods of collection may not be as obvious to you, so we wanted to highlight and explain below a bit more about what these might be (as they vary from time to time) and how they work:

Account related information is collected in association with your use of our Services, such as when products renew or expire, information requests, and customer service requests and notes or details explaining what you asked for and how we responded.

Cookies and similar technologies on our websites allow us to track your browsing behaviour, links clicked, your device type, and to collect various data, including analytics, about how you use and interact with our Services. This allows us to provide you with more relevant product offerings, a better experience on our site, and to collect, analyse and improve the performance of our Services. We may also collect your location (IP address) so that we can personalise our Services. For additional information, and to learn how to manage the technologies we utilise, please visit our Cookie Policy.

Data about Usage of Services is automatically collected when you use our Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties, such as social media plugins) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location.

Supplemented Data may be received about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyse the accuracy of our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

How we utilise information

We strongly believe in both minimising the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include:

Delivering, improving, updating and enhancing the Services we provide to you. We collect various information relating to your purchase, use and/or interactions with our Services. We utilise this information to:

  • Improve and optimise the operation and performance of our Services ( including our website)
  • Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
  • Detect and prevent fraud and abuse of our Services and systems
  • Collecting aggregate statistics about use of the Services
  • Understand and analyse how you use our Services and what products and services are most relevant to you
  • To assist in the forensic analysis should a breach occur

Often, much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.

Sharing with trusted third parties. We may share your personal data with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:

  • Processing Direct Debit payments
  • Serving advertisements
  • Performing analysis of our Services and customers demographics
  • Communicating with you, such as by way of email or survey delivery
  • Customer relationship management

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilising, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).

Communicating with you. We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our services. These contacts may include:

  • Email
  • Text (SMS) messages
  • Telephone calls

You may update your subscription preferences with respect to receiving communications from us, via links on our emails, or by contacting privacy@ha247.co.uk

If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. In addition, it will describe any choice options you have in regards to the use and/or sharing of your personal data with a co-branded partner, as well as how to exercise those options.

If you make use of a service that allows you to import contacts (e.g. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal information for the requested service. If you believe that anyone has provided us with your personal information and you would like to request that it be removed from our database, please contact us at privacy@HA247.co.uk.

Transfer of personal data abroad. If you utilise our Services from a country other than the country where our servers are located, your communications with us may result in transferring your personal data across international borders. In this case, your personal data is handled according to this Privacy Policy.

Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.

Website analytics. We use multiple web analytics tools provided by service partners such as Google Analytics, Facebook, Linkedin etc to collect information about how you interact with our website, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (e.g. Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies we use by managing your settings through our Cookie Policy or the ‘cookie banners” that may be presented (depending on URL of website visited) when you first visit our webpages, or by utilising settings in your browser or third-party tools, such as Disconnect, Ghostery and others.

Targeted advertisements. Targeted ads or interest-based offers may be presented to you based on your activities on our webpages, and other websites, and based on the products you currently own. These offers will display as varying product banners presented to you while browsing. We may also partner with third parties to manage our advertising on our webpages and other websites. Our third party partners may use technologies such as cookies to gather information about such activities in order to provide you with advertising based upon your browsing activities and interests, and to measure advertising effectiveness. If you wish to opt out of interest-based advertising click here (or if located outside the European Union click here). Please note you will continue to receive generic ads.

Third-party websites. Our website contains links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit.

How you can access, update or delete your data
If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

You may contact us by one of the methods described in the “Contact Us” section below.

How we secure, store and retain your data.
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilisation of encryption where appropriate.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:
mandated by law, contract or similar obligations applicable to our business operations;
for preserving, resolving, defending or enforcing our legal/contractual rights; or
needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, you can contact us at privacy@ha247.co.uk.

‘Do Not Track’ notifications.
Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

Age restrictions.
Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.

Changes in our Privacy Policy.
We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page.

Data Protection Authority.
If you are a resident of the European Economic Area (EEA) and believe we maintain your personal data subject to the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority, The Information Commissioner’s Office. The ICO’s website and contact details are at https://ico.org.uk/global/contact-us/

Contact us.
If you have any questions, concerns or complaints about our Privacy Policy, our practices or our Services, you may contact our Office of the DPO by email at privacy@HA247.co.uk. As an alternative, you may contact us by either of the following means:

  • By Mail: Attn: Data Protection Officer, HA247, Aspire House, 31 Bootham, York, United Kingdom YO30 7BT
  • By Phone: 01904 500272

We will respond to all requests, inquiries or concerns within thirty (30) days.

Updated – 02 May 2018

GDPR Data Processing Addendum

This Data Processing Addendum (the “DPA”) forms part of the Services Agreement (the “Agreement”) between HA247 and the Client specified in the Services Agreement (“Client”).

Client enters into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws and Regulations, in the name and on behalf of its Client Affiliates, if and to the extent HA247 processes Personal Data for which such Client Affiliates qualify as the Controller. In providing the Services to Client pursuant to the Agreement, HA247 may Process Personal Data on behalf of Client, and the parties agree to comply with the following provisions with respect to any Personal Data. The Client that is the contracting party to the Agreement shall remain responsible for coordinating all communication with HA247 under this DPA, and shall be entitled to transmit and receive any communication in relation to this DPA on behalf of its Client Affiliate(s).

Except as modified below, the terms of the Agreement shall remain in full force and effect. Capitalised terms not otherwise defined herein shall have the meaning set forth in the Agreement. In case of a conflict between the terms of the DPA and the Agreement, the terms of the DPA shall prevail. This DPA supersedes and replaces all prior agreements between Client and HA247 regarding the subject matter of this DPA.

DEFINITIONS
In this DPA, the following terms shall have the meanings set out below: “HA247” means Rethink IT Limited trading as HA247. Rethink IT Ltd is a company registered in England and Wales, number 06781499 and its trading address is Aspire House, 31 Bootham, York, England YO30 7BT.

“HA247” means HA247 and HA247 Affiliates (if any) engaged in the Processing of Personal Data.
“Controller” means “controller” as defined in the GDPR. “Client Affiliate” means any of Client’s Affiliate(s) which (a) is subject to the data protection laws and regulations of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom, and (b) is permitted to use the Services pursuant to the Agreement between Client and HA247, but has not signed its own Order with HA247 and is not a “Client” as defined under the Agreement.
“Data Protection Laws and Regulations” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.
“Data Subject” means the identified or identifiable person to whom Personal Data relates.
“EEA” means the European Economic Area.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
“Personal Data” means “personal data” as defined in the GDPR that is subjected to the Services under Client’s Agreement.
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Processor” means “processor” as defined in the GDPR.
“Services” means the services provided by HA247 to Client as agreed in the Agreement.
“Sub-processor” means any Processor engaged by HA247.
“Supervisory Authority” means an independent public authority, which is established by an EU Member State pursuant to the GDPR.

DPA TERMS

HA247 and the Client hereby enter into this DPA effective as of the last signature date on the Services Contract. This DPA is incorporated into and forms part of the Agreement.

1. DATA PROCESSING

1.1 Scope and Roles.
This DPA applies when Personal Data is Processed by HA247 as part of HA247’s provision of Services as agreed in the Agreement and the applicable Order. In this context, Client is the Data Controller and HA247 is the Data Processor with respect to Personal Data.

1.2 Client’s Processing of Personal Data.
Client shall, in its use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. For the avoidance of doubt, Client’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. Client shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Client acquired Personal Data.

1.3 HA247’s Processing of Personal Data.
HA247 shall treat Personal Data as Confidential Information and shall only Process Personal Data on behalf of and in accordance with Client’s documented instructions as set forth in Section 2.

1.4 Details of the Processing.
The subject matter of Processing of Personal Data by HA247 is the performance of the Services pursuant to the Agreement. HA247 will Process Personal Data as necessary to perform the Services pursuant to the Agreement and for the term of the Agreement. The type of Personal Data and categories of Data Subjects, the nature and purpose of the processing are further specified in the HA247 Privacy Policy available at ../privacy/.

1.5 Compliance with Laws. Each party will comply with all applicable laws, rules and regulations, including the Data Protection Laws and Regulations.

2. CLIENT INSTRUCTIONS

HA247 will process Personal Data only in accordance with Client’s instructions. The parties agree that this DPA and the Agreement are Client’s complete and final documented instructions at the time of signature of the Agreement to HA247 in relation to the Processing of Personal Data. Additional or modified instructions require a documentation similar to this DPA and any such instructions leading to additional efforts by HA247 beyond the scope of the Services agreed in the Agreement and the Order may result in additional service fees payable by Client that need to be documented in writing. Client shall ensure that its instructions comply with Data Protection Laws and Regulations and that the Processing of Personal Data in accordance with Client’s instructions will not cause HA247 to be in breach of the GDPR.

3. HA247 PERSONNEL

3.1 Limitation of Access.
HA247 shall ensure that HA247’s access to Personal Data is limited to those personnel who require such access to perform the Agreement.

3.2 Confidentiality.
HA247 shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training in their responsibilities, and have executed written confidentiality agreements. HA247 shall ensure that such confidentiality agreements survive the termination of the employment or engagement of its personnel.

3.3 Reliability.
HA247 shall take commercially reasonable steps to ensure the reliability of any HA247 personnel engaged in the Processing of Personal Data.

3.4 Data Protection Officer.
Effective from 25 May 2018, HA247 shall have appointed, or shall appoint, a Data Protection Officer if Data Protection Laws and Regulations require such appointment. Any such appointed person may be reached at privacy@ha247.co.uk

4. TECHNICAL AND ORGANISATIONAL MEASURES, CERTIFICATIONS, AUDITS
As an ISO27001 certified organisation (Cert. No. 14132169), HA247 has implemented and will maintain the technical and organisational measures for protection of the security (including protection against unauthorised or unlawful Processing and against accidental or unlawful destruction, loss, alteration or damage, unauthorised disclosure of, or access to, Personal Data), confidentiality and integrity of Client Data.

5. SUB-PROCESSORS
5.1 Sub-processors. Client acknowledges and agrees that (a) HA247’s Affiliates may be retained as Subprocessors; and (b) HA247 and its Affiliates respectively may engage third-party Sub-processors in the performance of the Services. HA247 or its Affiliate has entered into a written agreement with each Subprocessor containing data protection obligations not less protective than those in this DPA with respect to the protection of Personal Data to the extent applicable to the nature of the Services provided by such Sub-processor. Client hereby consents to HA247’s use of Sub-processors as described in this Section.

5.2 List of Current Sub-processors and Information about New Sub-processors.
Client may request a current list of Sub-processors for the Services at privacy@ha247.co.uk.

5.3 Objection Right for new Sub-processors.
Client may object to HA247’s use of a new Sub-processor by notifying HA247 promptly in writing within 10 business days after HA247’s update in accordance with the mechanism set out in Section 5.2 above. In the event Client objects to a new Sub-processor, and that objection is not unreasonable, HA247 will use reasonable efforts to make available to Client a change in the Services or recommend a commercially reasonable change to Client’s configuration or use of the Services to avoid processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening Client. If HA247 is unable to make available such change within a reasonable period of time, which shall not exceed 30 days, Client may terminate the applicable Order(s) in respect only to those Services which cannot be provided by HA247 without the use of the objected-to new Sub-processor, on the condition that Client provides such termination notice within 90 days of being informed of the engagement of the Sub-processor as described in Section 5.2 above. HA247 will then refund Client any prepaid fees covering the remainder of the term of such terminated Order(s) following the effective date of termination with respect of such terminated Services. This termination right is Client’s sole and exclusive remedy if Client objects to any new Sub-processor.

5.4 Liability.
HA247 shall be liable for the acts and omissions of its Sub-processors to the same extent HA247 would be liable if performing the services of each Sub-processor directly under the terms of this DPA, except as otherwise agreed.

6. RIGHTS OF DATA SUBJECTS
HA247 shall, to the extent legally permitted, promptly notify Client if HA247 receives a request from a Data Subject to exercise the Data Subject’s right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making (“Data Subject Request”). Taking into account the nature of the Processing, HA247 shall assist Client by appropriate technical and organisational measures, insofar as this is possible, for the fulfillment of Client’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulations. In addition, to the extent Client, in its use of the Services, does not have the ability to address a Data Subject Request, HA247 shall upon Client’s request provide commercially reasonable efforts to assist Client in responding to such Data Subject Request, to the extent HA247 is legally permitted to do so and the response to such Data Subject Request is required under Data Protection Laws and Regulations. To the extent legally permitted, Client shall be responsible for any costs arising from HA247’s provision of such assistance.

7. PERSONAL DATA INCIDENT MANAGEMENT AND NOTIFICATION
HA247 maintains a security incident management policy and shall notify Client without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise Processed by HA247 or its Sub-processors of which HA247 becomes aware (a “Personal Data Incident”), as required to assist the Client in ensuring compliance with its obligations to notify the Supervisory Authority in the event of Personal Data breach. HA247 shall make reasonable efforts to identify the cause of such Personal Data Incident and take those steps as HA247 deems necessary and reasonable in order to remediate the cause of such a Personal Data Incident to the extent the remediation is within HA247’s reasonable control. The obligations herein shall not apply to incidents that are caused by Client or Client’s users.

8. DATA PROTECTION IMPACT ASSESSMENT
With effect from 25 May 2018, upon Client’s request, HA247 shall provide Client with reasonable cooperation and assistance needed to fulfill Client’s obligation under the GDPR to carry out a data protection impact assessment related to Client’s use of the Services. HA247 shall provide reasonable assistance to Client in the cooperation or prior consultation with the Supervisory Authority (e.g. ICO) in the performance of its tasks relating to this Section.

9. RETURN OR DELETION OF PERSONAL DATA
At the choice of Client, HA247 shall return Personal Data to Client or delete Personal Data after the end of the provision of Services relating to Processing in accordance with the timeframe specified in the Agreement, unless applicable law requires storage of Personal Data.

10. TRANSFERS OF PERSONAL DATA
HA247 will not move the Personal Data without Client’s prior written consent or unless required to comply with applicable law.

11. LIABILITY
The total and aggregate liability of each party under this DPA shall be subject to the exclusions and limitations of liability set out in the Agreement.

12. TERM AND TERMINATION OF THE DPA
This DPA will become legally binding once both parties have received a countersigned copy of the Services Contract and the DPA shall continue in force until the termination of the Agreement.

Updated – 02 May 2018

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