ClassificationPublic
By registering and utilising our services you agree to the following terms and conditions outlined in this document which is effective as of the date you purchase services from Purple IO. This agreement sets forth the terms and conditions of your use of Purple IO's dedicated server services (collectively, the "Services") and represents the entire agreement between you and Purple IO relating to the Services.
By purchasing the Services, you acknowledge and agree that you have read and understand to be bound by all the terms and conditions of this agreement, along with any new, different or additional terms, conditions or policies that Broadbent Group Ltd may establish and post on its website from time to time.
1.1Broadbent Group Ltd reserve the right to decline services and goods to the customer.
1.2Broadbent Group Ltd reserves the right to perform notified maintenance on all services provided to the customer and wherever possible will provide advance notice of such maintenance.
1.3The customer must ensure they provide Broadbent Group Ltd with a valid name, address, telephone and email contact address. The customer must inform Broadbent Group Ltd of any change in their contact details within three days of any changes.
1.4The customer must ensure his usage of the service provided by Broadbent Group Ltd is within the guidelines set out in the Broadbent Group Ltd Acceptable Usage Policy or AUP.
1.5Unless otherwise stated the service Broadbent Group Ltd provides is unmanaged, although the company will attempt to provide support for any third party software and programs, no guarantee is made on the level of support Broadbent Group Ltd provides for any third party software.
1.6Any problems caused by the customer to service, (which include, but are not limited to, deletion of necessary operating system files, accidental or intentional infection by a virus/Trojan) may result in extra charges to the customer.
1.7Broadbent Group Ltd shall have the right upon prior written notice to relocate the customer equipment. In the event of an emergency, Broadbent Group Ltd may relocate the customer equipment within such time as may be reasonable and without prior written notice as the circumstances reasonably warrant.
2.1The Customer shall pay the charges for the services set out when signing up for the services on the order form.
2.2The customer is entering a thirty day monthly rolling contract unless specified in an additional service agreement between Broadbent Group Ltd and the customer.
2.3The customer shall provide no less than three days cancellation notice before their billing anniversary date. The customer will provide this notification via email to hello@purpleio.uk or by recorded post to Broadbent Group Ltd registered office address or by means of a cancellation support ticket through the customers control panel account at https://account.purpleio.uk.
2.4Broadbent Group Ltd shall be entitled thirty days before and at any time after the expiry of the service term to increase service charges for a service upon thirty days written notice to the customer.
2.5Broadbent Group Ltd shall invoice the customer fourteen days before their service renewal date unless specified in an alternative agreement.
2.6Broadbent Group Ltd requires all invoices to be paid within fourteen days of creation unless another agreement is in place between Broadbent Group Ltd and the customer.
2.7Broadbent Group Ltd reserves the right to suspend and/or disconnect any services for a customer with invoices that have not been paid by their due date.
2.8Broadbent Group Ltd reserves the right to prohibit the customer access to their equipment or data if the customer has overdue invoices.
2.9Interest shall accrue on overdue invoices from the due date until payment (whether before or after judgment) at the rate of 1.5% per month. Interest shall accrue not withstanding termination of this agreement or any service for whatever reason.
2.10All sums due to Broadbent Group Ltd are exclusive of value added tax and any other applicable sales tax or duty which shall be invoiced and payable at the then prevailing rate.
2.11The customer hereby acknowledges and agrees that its obligations to pay all amounts and charges due hereunder, and the rights of Broadbent Group Ltd to such payments shall be absolute, unconditional and irrevocable and shall not be affected by any circumstances of any character, including, without limitation, any set-off, abatement, counterclaim, suspension, recoupment, reductions, rescission, defence or other right or claim that customer may have against Broadbent Group Ltd.
2.12Upon cancellation of service Broadbent Group Ltd will not be able to provide the customer with any refund for services which have been provisioned to the customer.
2.13The customer shall submit any billing disputes to Broadbent Group Ltd no later than three days of an invoice due date.
2.14Customers will be notified by email when they reach eighty percent of their monthly data transfer allowance. Purple IO cannot guarantee delivery of this email and the customer should check their bandwidth usage via the graphs and tables provided in their control panel account with Broadbent Group Ltd.
2.15Customers that exceed their monthly data transfer limit are automatically charged at a rate of £0.01/GB of data transfer.
3.1Broadbent Group Ltd may, at its sole discretion and without prejudice to any right which it might have to terminate this agreement or a service, elect to suspend forthwith provision of any service until further notice in the event that:
3.2Broadbent Group Ltd may from time to time suspend a service in accordance with any applicable SLA to carry out any necessary maintenance work to the network or the service equipment.
3.3In the event the suspension is implemented as a consequence of the breach, fault, act or omission of the customer, the customer shall pay Broadbent Group Ltd all reasonable costs and expenses incurred by the implementation of such suspension and/or recommencement of the provision of the service and Broadbent Group Ltd may recover any other losses suffered as a result of such breach, fault, act or omission.
3.4Broadbent Group Ltd shall not be liable for any loss, damage or inconvenience suffered by the customer as a result of any suspension pursuant to clause 3.1 save where the circumstances set out in clause 3.1 are solely attributable to the negligence of Broadbent Group Ltd.
3.5Any communications between Broadbent Group Ltd and the customer are strictly confidential. Disclosure of telephone calls, quotations, support tickets or email communication between the parties to media organisations, other businesses, discussion forums or any other third parties is strictly prohibited and may result in immediate service suspension.
4.1The customer agrees to fully indemnify and keep Broadbent Group Ltd, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following:
5.1The customer acknowledges that the allocation of risk in the contract reflects the price paid for the services, hardware and software and that it is not within the control of Broadbent Group Ltd how or for what purposes they are used. If any exclusion or limit of liability in the contract is held to be invalid and Broadbent Group Ltd becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by the customer for the services.
5.2Broadbent Group Ltd shall have no liability to the customer for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the customer or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the customer or on its behalf. No action, claim or demand arising out of or in connection with the contract or this agreement may be brought by the customer against Broadbent Group Ltd more than one year after the cause of action has occurred.
5.4Neither Broadbent Group Ltd nor anyone else who has been involved in the creation, production or supply of the services, hardware or software shall be liable to the customer or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this agreement, the contract or the services, hardware or software for any:
The customer shall indemnify Broadbent Group Ltd from and against any claim which may be made against Broadbent Group Ltd in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to the customer.
Take a look at our Service Level Agreement (SLA) here.
Broadbent Group Ltd strives to maintain the integrity of the hardware used to provide its services, and any downtime caused by hardware failure shall be credited pursuant to this agreement. Broadbent Group Ltd maintains a stock of all essential hardware necessary to provide the services. Broadbent Group Ltd shall replace any and all substantially malfunctioning hardware within 1 hour of Broadbent Group Ltd becoming aware of such substantial malfunction.
The amount of time for replacement of hardware shall be measured from the moment that Broadbent Group Ltd determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.
In the event that Broadbent Group Ltd fails to meet this hardware replacement guarantee, Broadbent Group Ltd will issue, to you, account credits in the amount of ten percent of the base monthly server rent for each hour after the first hour of the monthly service fee for the server in question to a maximum of fifty percent of the cost of the server itself (excluding any management, upgrades or additional services associated with the server in question).
To receive a credit, you must make a request by sending an email message to hello@purpleio.uk. Each request in connection with this agreement must include the dates and times of the hardware replacement situation, the name and IP address of the server or servers which experienced delayed replacement. The request must be received by Broadbent Group Ltd within ten business days after the incident. Upon confirmation by Broadbent Group Ltd, credit will be applied to your Broadbent Group Ltd account within thirty days of receipt of your credit request.
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