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 Fraction Servers. This agreement sets forth the terms and conditions of your use of Fraction Server's dedicated server services (collectively, the “Services”) and represents the entire agreement between you and Fraction Servers 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 Fraction Servers may establish and post on its website from time to time.
1.1 Fraction Servers reserve the right to decline services and goods to the customer.
1.2 Fraction Servers reserves the right to perform notified maintenance on all services provided to the customer and wherever possible will provide advance notice of such maintenance.
1.3 The customer must ensure they provide Fraction Servers with a valid name, address, telephone and email contact address. The customer must inform Fraction Servers of any change in their contact details within three days of any changes.
1.4 The customer must ensure his usage of the service provided by Fraction Servers is within the guidelines set out in the Fraction Servers Acceptable Usage Policy.
1.5 Unless otherwise stated the service Fraction Servers provides is unmanaged.
1.6 Any 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.
1.7 Fraction Servers shall have the right upon prior written notice to relocate the customer equipment. In the event of an emergency, Fraction Servers may relocate the customer equipment within such time as may be reasonable and without prior written notice as the circumstances reasonably warrant.
2.1 The Customer shall pay the charges for the services set out when signing up for the services on the order form.
2.2 The customer is entering a thirty day monthly rolling contract unless specified in an additional service agreement between Fraction Servers and the customer.
2.3 The customer shall provide no less than three days cancellation notice before their billing anniversary date. The customer will provide this notification via email to cancellations@fractionservers.com or by means of a cancellation support ticket through the customers control panel account.
2.4 Fraction Servers 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.
2.5 Fraction Servers shall invoice the customer fourteen days before their service renewal date unless specified in an alternative agreement.
2.6 Fraction Servers requires all invoices to be paid within fourteen days of creation unless another agreement is in place between Fraction Servers and the customer.
2.7 Fraction Servers reserves the right to suspend and/or disconnect any services for a customer with invoices that have not been paid by their due date.
2.8 Fraction Servers reserves the right to prohibit the customer access to their equipment or data if the customer has overdue invoices.
2.9 Interest shall accrue on overdue invoices from the due date until payment (whether before or after judgment) at the rate of 1.5% per month.
2.10 All sums due to Fraction Servers 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.
2.11 The customer hereby acknowledges and agrees that its obligations to pay all amounts and charges due hereunder shall be absolute, unconditional and irrevocable.
2.12 Upon cancellation of service Fraction Servers will not be able to provide the customer with any refund for services which have been provisioned to the customer.
2.13 The customer shall submit any billing disputes to Fraction Servers no later than three days of an invoice due date.
2.14 Customers will be notified by email when they reach eighty percent of their monthly data transfer allowance. Fraction Servers 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.
2.15 Customers that exceed their monthly data transfer limit are automatically charged at a rate of £0.01/GB of data transfer.
3.1 Fraction Servers may, at its sole discretion, elect to suspend forthwith provision of any service until further notice in the event that Fraction Servers is entitled to terminate the agreement or is obliged to comply with an order from a competent authority.
3.2 Fraction Servers may from time to time suspend a service to carry out any necessary maintenance work to the network or service equipment.
3.3 In the event the suspension is implemented as a consequence of the breach, fault, act or omission of the customer, the customer shall pay Fraction Servers all reasonable costs and expenses incurred.
3.4 Fraction Servers shall not be liable for any loss, damage or inconvenience suffered by the customer as a result of any suspension save where solely attributable to negligence of Fraction Servers.
3.5 Any communications between Fraction Servers and the customer are strictly confidential. Disclosure to media organisations, other businesses, discussion forums or any other third parties is strictly prohibited and may result in immediate service suspension.
4.1 The customer agrees to fully indemnify and keep Fraction Servers, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs, losses, penalties, damages, liability, claims and expenses arising from the customer's breach of contract, negligence, misuse of services or infringement of third party rights.
5.1 The customer acknowledges that the allocation of risk reflects the price paid for services and that liability shall be limited to the amount paid by the customer for the services.
5.2 Fraction Servers shall have no liability for any loss arising from material, data or instructions supplied by the customer which is incomplete, inaccurate or in the wrong form.
5.3 Fraction Servers is not responsible for any delay, malfunction or degradation caused by alterations requested or implemented by the customer.
5.4 Neither Fraction Servers nor anyone involved in the provision of services shall be liable for any economic loss, loss of profit, data, business contracts, revenues, anticipated savings, reputation, goodwill, or any special, indirect or consequential loss.
Fraction Servers guarantees that its networking and connectivity services will be available 99.99% of the time. Credits are calculated as follows:
Credit requests must be emailed to accounts@fractionservers.com within ten business days of the incident. Downtime caused by emergency/scheduled maintenance, system upgrades, DNS issues, customer negligence, or force majeure shall not result in credits.
Fraction Servers maintains stock of all essential hardware and shall replace any substantially malfunctioning hardware within 1 hour of determination that replacement is required. Time is measured from the moment replacement is determined, excluding diagnosis, research and software restoration time.
Failure to meet this guarantee will result in credits of ten percent of the base monthly server fee per additional hour, to a maximum of fifty percent of the server cost. Credit requests must be sent to accounts@fractionservers.com within ten business days.