1. Parties and basis of contract
   
   1. ServerSwift is a trading name of 4D Data Centres Ltd (”4D”) a company registered in England and Wales No 04592242; VAT Reg No: GB 805 7892 02 and whose Registered Office is at 30 City Road London EC1Y 2AB. 
   2. The “Client” referred to in these terms and conditions shall be any person who places an order for the provision of one or more services using the order form from time to time on the ServerSwift website. To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Conditions will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.
   3. The terms and conditions, the Acceptable Use Policy and Service Level Agreement (collectively, “the contract documentation”) in force on the date the order is placed along with what is specified on the order form shall constitute the contract (“the Services Contract”) between the Client and ServerSwift. The Services Contract shall take effect when an order placed by the Client is accepted by email notification to the Client. In placing an order, the Client confirms that the person responsible for placing the order has read the terms and conditions published on the ServerSwift website at the date of the order and agrees to be bound by the contract documentation in force at the time when any event governed by them occurs. Clients are recommended to keep a copy of the contract documentation in force at the date of the order.
2. Services to be Provided
   
   1. The “Services” in these terms and conditions shall be the provision of one or more servers as specified on the order form along with power and a connection to the internet. The Services include the set-up of the server or servers forming part of the Services with the specified operating system and network connectivity but does not include configuration of any server for a specific application or purpose. This is the responsibility of the Client. ServerSwift will undertake work of this kind for an additional charge at the rates prevailing at the time. These are available on request by email to ServerSwift. ServerSwift may in its absolute discretion replace any server forming part of the Services at any time with one of equivalent or superior specification. Unless the reason for the transfer is the result of damage resulting from misuse of the server in question by the Client, the transfer of all content on the original server will be carried out free of charge by ServerSwift.
   2. The minimum period for the provision of the Services shall be one calendar year from the date the order is accepted by ServerSwift.
3. Payment Terms
   
   1. Payment shall be made with one of the credit or debit cards specified on the order form as acceptable to ServerSwift. The initial payment for the Services and any additional charges shall be made by the Client on acceptance of the order. Subsequent payments for the Services and any additional charges will be collected in advance monthly, quarterly or annually as specified by the Client by debiting the credit or debit card registered with ServerSwift for that purpose on the same day of the month of the acceptance of the order (“the collection day”) or the last day of the month in question when the collection day does not occur in the month in question. Where payment is made other than monthly, any additional charges will be collected on the collection day next following the date the charges were incurred. Electronic invoices will be sent seven days in advance of the collection day.
   2. All invoices will be issued by email to the registered email address of the Client. Paper invoices will not be issued. The Client must register a valid credit or debit card when submitting an order and shall replace the registered details in advance of the card’s expiry date or immediately if the card becomes invalid. Failure to maintain a valid card registered with ServerSwift may result in the Services being suspended immediately the next payment becomes due. If a request for payment is declined by the card issuer, an administration charge of £30 will become due. This charge is a reasonable estimate of Server Swift’s costs of dealing with such matters. The Client will be advised by email of non-payment and if a valid card is not registered within 5 days of that email notification, ServerSwift may suspend or terminate the Services without further notice. Payment will be collected in the name of 4D. If any payment collected by ServerSwift is the subject of a subsequent chargeback without due cause, a charge of £100 will be made in each case, this being a reasonable estimate of the costs of dealing with an unjustified chargeback. All payments shall be in £ sterling (GBP) and all charges quoted for Services are exclusive of VAT. All amounts due under the terms of the Services Contract up to the end of the first year of the contract and thereafter all amounts payable at the date of termination of the Services will be recovered by civil action if collection by card payment proves impracticable.
   3. The charges for the Services are guaranteed for the first 12 months of the Services Agreement (“the initial period”). ServerSwift may change the charges for the Services at the end of the initial period with 30 days’ notice by email to the Client’s registered email address and thereafter with 30 days’ notice expiring no earlier than the end of prepayment period in which the notice is given. The revised charges will apply from the beginning of the next prepayment period unless the Client serves notice of cancellation in accordance with Clause 8 below.
4. Acceptable Use Policy
   
   1. The provision of the Services is conditional on the Client observing Server Swift’s acceptable use policy (AUP) in force from time to time and accessible to Clients on the ServerSwift website. The current version is appended to these terms and conditions. Failure to comply with the current AUP will result in the action being taken by ServerSwift set out in the AUP in force at the time. It is the responsibility of the Client to ensure that any use to which the Services are put does conform to the AUP then in force. If a server is damaged through misuse by the Client, the cost of replacing damaged hardware along with reasonable labour costs will be charged to the Client.
5. Service Level Agreement
   
   1. The provision of Services is subject to a Service Level Agreement, the terms of which are annexed to this document.
6. Warranties and limitation of liability
   
   1. ServerSwift will perform the Services with reasonable skill and care. If the Services are not provided in accordance with this warranty and the Client notifies ServerSwift in writing of the non-compliance with this warranty within 3 months after performance, ServerSwift will re-perform the Services so far as this is practicable. When servers are initially made available to the Client, they will be free of viruses, bots and any other forms of malware (collectively “infection”). Notwithstanding this, it is the Client’s responsibility to check the server provided as part of the Services on first accessing the server to ensure that it is clear of infection and remains so thereafter. Security of the server from external threats is the responsibility of the Client.
   2. No representation or warranty is given that the Services will be uninterrupted or error free. The Client accepts that the Services provided are done so on an “as is” basis without warranty of any kind.
   3. All information supplied by ServerSwift will be supplied in good faith but the accuracy and completeness of any information obtained from, or based on information obtained from any third party is not guaranteed by ServerSwift. It is not within the scope of the obligations of ServerSwift to enquire as to, or to verify the accuracy or completeness of any such information.
   4. In the circumstances of any of the events specified in Condition 6(x) below, ServerSwift will not be liable for breach of contract for its inability to supply the Services.
   5. ServerSwift limits its liability for any loss or damage to tangible property of the Client to that which has been caused directly by the negligence of Server Swift or its employees acting in the course of their employment and ServerSwift will not be liable for any loss or damage to any tangible property which exceeds £10,000 or the value of the property lost, or the cost of repairing the damage to the property (whichever is the less).
   6. Subject to condition 6(ix) below, but otherwise despite anything else contained herein, ServerSwift will not be liable to the Client for loss of profits, loss of business, loss of expected savings, loss of opportunity, loss of contracts, loss or spoiling of data or any indirect or consequential loss, whether arising from negligence, breach of contract or in any other way, and whether or not of a kind foreseeable by ServerSwift.
   7. ServerSwift will not be liable to the Client for: any loss arising out of any failure by the Client to keep at premises other than those where the Services are provided full and up-to-date security copies of the computer programs and data that the Client uses; the Client’s failure to comply with any technical requirements specified from time to time by the licensor of any software or the manufacturer of any equipment under the control of the Client; any error or incompleteness in the Client's Data; any fault in any media; any delay or failure on the part of the Client in providing any of the Client's Data to ServerSwift; any delay or failure on the part of the Client to notify Server Swift of any error in any output or of any actual or suspected failure of, or error or defect in, any equipment, software, network or telecommunications system; any failure of the Client to comply with the terms and conditions of this Agreement; or any delay or failure on the part of any hardware or software supplier or any third party provider of maintenance to correct any fault or defect or to provide any other service.
   8. All terms, conditions, representations and warranties, express or implied, not set out herein are, to the fullest extent permitted by law, excluded from applying to the Contract including (without limitation) any implied warranties, terms and conditions as to performance, fitness for purpose, merchantability and satisfactory quality.
   9. The limitations and exclusions on ServerSwift’s liability in these terms and conditions do not apply in respect of death or personal injury caused by the negligence of ServerSwift or its employees acting in the course of their employment, or in respect of any fraudulent misrepresentation.
   10. ServerSwift shall not be liable to the Client for any breach of the Services Contract for failing to perform any obligation where such breach or failure was a result of any Act of God, insurrection or civil disorder, war or military operations, severely adverse weather that stops normal business activity in the area where the Services are provided, flood, drought, lightning or fire, national or local emergency, acts or omissions of government, highway authority or other government authority, restrictions of access to the premises from which the Services are provided or movement arising from pandemic, compliance with any statutory obligation, industrial disputes of any kind, the acts or omissions of telecommunications operators or any cause beyond ServerSwift’s reasonable control.
   11. The Client acknowledges that the exclusions and limitations on ServerSwift’s liability in the contract documentation have been drawn to the Client’s attention before or at the time of placing an order for the Services and in placing that order, they accept these exclusions and limitations.
   12. Subject to Clause 6(ix) above or the terms of any Service Level Agreement forming part of the Services Contract, the liability of ServerSwift whether in contract or in tort or in any other way in connection with the Services Contract, will be limited to damages which will not exceed, in aggregate, 100% of the fees paid by the Client to ServerSwift in relation to the previous month under the Services Contract. Where a Service Level Agreement provides for specific compensation in predefined circumstances, the right to that compensation shall be the sole remedy available to the Client.
   13. Any specific liability for crediting charges assumed by ServerSwift in a Service Level Agreement forming part of the Services Contract shall apply notwithstanding anything in this Clause 6 with the exception of Clause 6(x).
   14. In the event of a Denial of Service attack targeting the server or servers forming part of the Services provided to the Client, ServerSwift shall be entitled to disconnect the servers affected from its network without liability until appropriate mitigating measures can be implemented. Property in the servers and any other hardware used to provide the Services shall at all times vest in ServerSwift.
7. Consumers right to cancel
   
   1. Clients that purchase the Services as consumers have the right to cancel the Services Contract within 7 days from the date that the Client is sent acceptance of the order, that is the date on which the Services Contract is formed. If the Client does not wish to waive these rights, ServerSwift will not be able to begin the Service until the end of the cooling off period. This is 7 days from and including the date of acceptance of the Client’s order. The Client can reserve their right to cancel by contacting  support@serverswift.com  before placing an order and can subsequently exercise that right by contacting the same address. The Client will no longer have the right to cancel when ServerSwift has begun the provision of Services with the Client's consent. For the purposes of this clause the Client's consent will be deemed to be given by the Client submitting the order to ServerSwift without previously reserving the right to cancel.
8. Cancellation of services
   
   1. Clients may cancel their Services Contract at the end of the initial period with at least 21 days’ prior notice by email to support@serverswift.com . ServerSwift will contact the Client at their registered telephone number or e-mail address to confirm the cancellation. To do this the Service Swift representative will need to be given the Client password applicable to the Services to be cancelled. ServerSwift will confirm the cancellation and the date on which the Services will terminate by email to the Client’s registered email address. 
   2. ServerSwift may cancel a Services Contract at the end of the initial period with at least 30 days’ prior notice and at any time after the initial period with at least 30 days’ notice prior to the end of a prepayment period. Notice shall be by email to the Client’s registered email address.
   3. In the event of termination, it is the Client’s responsibility to backup to a location under the Client’s continuing direction and control that is remote from ServerSwift’s premises all programs and data on the server before the termination date. On the termination date, the server or servers forming part of the Services will no longer be available to the Client and any data or programs placed there by the Client will be deleted.
9. Privacy and confidentially
   
   1. The privacy policy published by ServerSwift from time to time on the website shall apply to the Services Contract except where they are superseded by the terms of this Clause. ServerSwift will not access data or programs on servers forming part of the Services unless legally obliged to do so or it has reasonable grounds for believing a server is being used for an unlawful purpose. ServerSwift will maintain strict confidentiality on Client details and will only provide information to third parties when legally required to do so. Unless legally required to do so, ServerSwift will not provide a Client’s details to third parties without the Client’s prior permission. This will be requested by email. The only exception to this will be contact details necessary to provide support from a third party provider of specific services forming part of the Services, such as specialist support arrangements. Such third party providers will be required by ServerSwift to maintain the same confidentiality that ServerSwift will maintain with Client details. ServerSwift will email Clients from time to time with service updates, changes to terms and conditions and related documents, planned downtime and service enhancements.
10. Indemnity
    
    1. The Client shall indemnify ServerSwift against costs (including costs incurred prior legal proceedings commencing) and damages in respect of all third party claims, whether valid or otherwise, arising from the Client’s use of the Services. If ServerSwift receives a cease and desist notice or similar notification in respect activities or content alleged to be as a result of the provision of the Services or in respect of activities and content alleged to be hosted on a server or servers forming part of the Services, ServerSwift may suspend the provision of the Services until the issue in question is resolved and the Client shall indemnify ServerSwift for its own and its advisers’ costs in dealing with the matter.
11. Interpretation and construction
    
    1. The Services Contract supersedes all prior agreements, arrangements, representations and undertakings between ServerSwift and the Client in respect of its subject matter and constitutes the entire agreement between the parties. Any change to these Terms and Conditions will only be binding on the Client if the Client is notified of the change by email to the Client’s registered email address. The Client may reject any change made during the initial period that increases the Client’s liabilities or diminishes the Client’s rights. Thereafter, any change may be made with at least 30 days’ notice to take effect at the end of the next following prepayment period.
    2. The headings to the conditions in these terms and conditions are for ease of reference only and do not affect its interpretation or construction. “Days” shall mean calendar days.
    3. The Services Contract is governed by and is to be construed in accordance with English law, and the Supplier and the Client will submit to the exclusive jurisdiction of the English Courts.
    4. If any part of the contract documentation is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted with the relevant statutory or common law equitable provisions taking its place.

1. Subject to Clauses 2 and 3 below, ServerSwift guarantees 99.9% internet connectivity during any one calendar month.
2. ServerSwift will undertake planned outages as required. Clients will be notified of planned outages via the announcements page on the website and by email. During these periods of planned outage ServerSwift does not guarantee service availability and the terms of Clause 4 below will not apply. ServerSwift will give advance notice no less than 7 days before the commencement of planned downtime. Planned outages will only be invoked when there is no practical workaround available and each notice will specify timing and expected downtime. The Supplier will endeavour to time planned outages so as to minimise the impact on Clients’ business activities.
3. The terms of Clause 4 below will not apply in the circumstances specified in Clause 6(x) of the Terms and Conditions.
4. If ServerSwift fails to meet the service level specified in Clause 1 above, the Client may claim a service credit of one day for every hour that the internet is unavailable beyond the 99.9% threshold. Service credit will be applied against future charges for the Services as soon as practicable after it is claimed. The total credits in respect of any calendar month shall be limited to the total charges paid the Client in respect of the month in which the claim originates.
5. In the event the Client experiences any downtime on internet connectivity in excess of the 99.9% threshold and ServerSwift determines in its reasonable judgement that such inability was caused by ServerSwift’s failure to provide the Services for reasons within ServerSwift’s reasonable control and not as a result of any action or inaction of Client or any third parties (including Client equipment and/or third party equipment), ServerSwift will, upon the Client's request, credit the Client's account in accordance with the preceding Clause 4.

1. Clients are responsible for complying with the AUP in force at any given time. If in ServerSwift’s reasonable judgement, a Client fails to comply with the AUP in force at any given time, ServerSwift may at its absolute discretion suspend or terminate the Services without any obligation to refund any prepayments made.
2. In matters where an activity breaches the AUP but is not itself unlawful, ServerSwift will give the Client 48 hours to remedy the breach, failing which the Services will be terminated. In all other cases, the Services may be terminated forthwith.
3. All data and programs on the server or servers involved will be deleted on termination except where this material may be required for possible civil or criminal proceedings.
4. The Services may not be used for any purpose unlawful under English law.
5. If ServerSwift becomes aware of or suspects that its servers are being used in a manner that may constitute or encourage a criminal offence under English law, the circumstances will be reported to the relevant authorities.
6. In addition to the prohibition against use of the Services for any purpose unlawful under English law, the storing or transmission of any content that in ServerSwift’s reasonable judgement is defamatory, pornographic, obscene, shows acts of extreme violence, promotes or supports terrorist activity or is likely to incite religious or racial hatred are specifically excluded uses under this AUP irrespective of whether or not they are unlawful.
7. The use of the Services for reselling (including but not limited to web hosting services) or virtualisation is prohibited except where the Services are expressly designated for this purpose in a separate signed agreement enabling this.

Prohibited Uses of ServerSwift Systems and Services:

1. The use of the Services for the following is expressly prohibited: Bulk, unsolicited email or spamming, including but not limited to open or anonymous relay.
2. Knowingly hosting a site for the purpose of fraudulent activity, including, but not limited to, phishing storing or hosting software, including DNS services, for the purposes of fraud or deception
3. File sharing via peer to peer file networks except where expressly the subject of a separate formal, agreement signed by the Client and ServerSwift to the contrary, streaming, including but not limited to the real time delivery of media files, audio or video conferencing and any other activity that consistently uses high levels of bandwidth that in ServerSwift’s reasonable judgement exceed fair use Infringing third party rights, including but not limited to, Intellectual Property Rights
4. The use of pirated software
5. Knowingly transmitting or storing viruses, Trojans, worms and any other form of malware If the use of the Services results in what in ServerSwift’s reasonable judgement is persistent unfair use of ServerSwift’s manpower or resources that continues after a formal request by email to the Client to desist from what ServerSwift believes to be unfair use, ServerSwift may terminate the Services Contract and repay pro rata any prepayment relating to any period beyond the termination date.