Terms & Conditions

This policy (together with any ancillary documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed.

Please read the following carefully to understand how we will treat and regard your personal data.

About us

NI Digital, Our registered address is NI Digital, 46 Hill Street, Belfast, BT1 2LB

NI Digital may be both a data controller and data processor of personal data. We have a designated Data Protection Officer who can be contacted at our registered address.

What information we collect

Any personal information that you provide by filling in forms on our website. This includes information provided at the time of registering an account, purchasing services from us or requesting further services. We may also ask you for information when you report a problem with our site or the services you have purchased.

If you contact us by letter or email, records of the correspondence may be kept.

Telephone conversations may be recorded for training purposes.

Details of transactions you carry out through our site and of the fulfilment and administration of your orders.

We also record technical data such as your operating system, browser type, referring / exit pages and URLs, number of clicks, domain names and pages viewed in our server logs. This information is used for marketing and security purposes.

In the circumstances where we are acting as a data processor, we shall only act on the instructions of our customer as the data controller. If you provide us with personal data about a third party (for example when registering a domain on their behalf), you warrant that you have obtained the express consent from the third party for the disclosure and use of their personal data.

How we use personal data

• To register a customer account.
• To process orders that you have placed with us.
• To handle customer service and careers enquiries.
• To ensure that content from our site is presented in the most effective manner for you and for your computer.
• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• To carry out our obligations arising from any contracts entered-into between you and us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To notify you about changes to our service.
• To carry out marketing and statistical analysis

For the avoidance of doubt, NI Digital will never sell your personal data to third parties.

Automatic decision making

We may use the information provided by you to perform automatic decisions about the acceptance of orders you place. This helps us combat fraud and abuse and this information never leaves our network.

Where we store your personal data

The personal data that we collect from you will be stored on our servers inside the European Economic Area (“EEA”). Occasionally, we may have to transfer personal data outside of the EEA. For example, domain registration data needs to be sent to our domain registrar outside of the EEA. By submitting your personal data, you agree to this transfer, storing or processing of data outside the EEA. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the GDPR and our data protection policies.

Data retention

We only retain your personal data for as long as we need it to fulfil the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

• Invoice data is kept for a minimum of 6 years as required under UK Law
• Log files are rotated every 12 weeks. However, anonymised data may be kept for longer.

NI Digital infrastructure backups are kept for 12 months. Web Hosting data is kept for 30 days.

In the rare event backups containing personal information are restored post-deletion, NI Digital will make every reasonable effort to ensure data that has been forgotten is not inadvertently restored and ensure all traces of data are removed within a maximum period of 180 days unless additional retention obligations apply.

Your rights

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data: –

• The right to request a copy of your personal data which we hold about you.
• The right to request that we correct any personal data if it is found to be inaccurate or out of date. You can view, edit and remove your personal data through the NI Digital control panel.
• The right to object to our use of your personal data and request your personal data is erased where it is no longer necessary for us to retain such data. This is known as your right to be forgotten. Please note that there may be legal reasons as to why we will need to keep your data, but please do inform us if you think we are retaining or using your personal data incorrectly.
• You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by following the Unsubscribe link at the bottom of any emails we send, contacting Customer Services or writing to us at NI Digital, Hawthorn House, Southwell Road West, Mansfield, Nottinghamshire, NG21 0HJ
• The right to lodge a complaint with the Information Commissioners Office. Please see https://ico.org.uk/concerns/ for further information.

Who we share your information with

By entering into this agreement, you agree to the processing of data by the third parties listed below. When we introduce any new, or change any existing third-party agreements, we will ensure this policy is updated at least 30 days before the new third party processes any data. 

Data breaches

In the event of a data breach, the affected individuals will be contacted within the timescales specified in the GDPR, it will be reported to the Information Commissioner, and a full report – highlighting any risks – will be provided.

How we use cookies

We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

• To estimate our audience size and usage pattern;
• To store information about your preferences, and so allow us to customise our site according to your individual interests;
• To speed up your searches;
• To recognise you when you return to our site.
• Remarketing – For example, once you have visited our website you may see NI Digital adverts to remind you of our products. We also use cookies to exclude existing customers from seeing our adverts.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Third party links

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Changes to this policy

We keep our privacy policy under regular review and we will place any updates on this web page. This privacy policy was last updated on 10^th May 2024

• 1. INFORMATION ABOUT US

• • • 1.1. NI.Digital is a site operated by NI Digital (“we”, “us” and “our”). Our registered office at 46 Hill Street, Belfast, BT1 2LB.
    • Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
    • 1.2 Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of Northern Ireland. English is the language offered for the conclusion of the contract between us both

2. • YOUR STATUS

• • • 2.1. By placing an order through our website, you warrant that:
    • 2.1.1. you are legally capable of entering into binding contracts
    • 2.1.2. you are at least 18 years old.
    • 2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

3. • THE ORDER PROCESS

• • • 3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
    • 3.2. Before you submit an order you will be shown a summary on screen including details of the Services you have wish to order and the price payable. There will be an option to amend/correct and errors before proceeding to completion of the order.
    • 3.3. Before being able to submit an order you will be required to register a credit or debit card. We also accept paperless direct debit, however you may need to use a credit or debit card on your first order.
    • 3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.

4. • HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

• • • 4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.
    • 4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
    • 4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

5. • OUR STATUS

• • • 5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
    • 5.2. Any disclaimer does not affect your statutory rights against the third party seller.

6. • CONSUMER RIGHTS

• • • 6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.
    • 6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013
    • 6.3. This provision does not otherwise affect your statutory rights.

7. • OUR LIMITED MONEY BACK GUARANTEE

• • 7.1. Once the Contact has been formed you may cancel the Contract in relation to the Hosting Service you have purchased.
  • 7.2. In such cases, you may cancel at any time within 30 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
  • 7.3. To cancel the Contract you must inform by raising a support ticket before the end of the 30 day period mentioned in clause G(b) above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the Hosting Service and your cancellation will be ineffective. This is to ensure that we do not delete any data you need to retain.
  • 7.4. In summary, the Services which may not be cancelled under the limited money back guarantee include (but are not limited to):

• 4.1. Domain Registration and Domain Registration Renewals.
• 4.2. Private SSL certificates.
• 4.3. Virtual Nameservers and other ‘add on’ products.
• 4.4. Virtual Private Servers (VPS) and associated products.

8. PRICE AND PAYMENT
   • 1. The price of any Services will be as quoted on our website.
   • 2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
   • 3. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
   • 4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:
     • 4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
     • 4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and
     • 4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation
   • 5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.
   • 6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
   • 7. If we fail to authorise payment your account may be suspended.
9. QUALITY
   • 1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
   • 2. We will not be liable for a breach of the warranty provided above unless:
     • 2.1. you give written notice of the breach to us
     • 2.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you
     • 2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
     • 2.4. you alter the Services without our written consent
     • 2.5. the problem arises because of misuse
   • 3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
   • 4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
10. ACCESS TO THE HOSTING SERVICE
    • 1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
    • 2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).
11. HOSTING SERVICE SERVICE LEVELS
    • 1. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.
12. IP ADDRESSES
    • 1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services.
    • 2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
    • 3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
13. BACK-UP OF YOUR MATERIAL AND OUR SERVERS
    • 1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
    • 2. We will follow our archiving procedures for the data stored on our servers.
    • 3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
14. HOSTING SERVICE USAGE LIMITATIONS
    • 1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.
    • 2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
    • 3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
    • 4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
    • 5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.
    • 6. Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.
    • 7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
    • 8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.
15. SUPPORT
    • 1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
    • 2. We do not provide telephone technical support. Support is provided via online support ticket or online chat.
16. DOMAIN NAMES
    • 1. Where the Contract includes our Domain Registration and Renewal Service:
      • 1.1. we will endeavour to procure the registration of the domain name you request
      • 1.2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
      • 1.3. we shall not act as your agent or on your behalf in any dealings with domain name registry.
      • 1.4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
      • 1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.
      • 1.6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
      • 1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
      • 1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
    • 2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
    • 3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
    • 4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.
    • 5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
    • 6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.
17. INTELLECTUAL PROPERTY RIGHTS
    • 1. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
    • 2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.
    • 3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
    • 4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to you.
    • 5. Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.
    • 6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.
    • 7. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
      • 7.1. you give prompt notice of any such claim.
      • 7.2. you make no admissions or settlements without our prior written consent.
      • 7.3. you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense.
      • 7.4. we are given sole authority to defend or settle the claim.

18. OUR LIABILITY
    • 1. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.
    • 2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
    • 3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
    • 4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
    • 5. We do not exclude or limit in any way our liability:
      • 5.1. for death or personal injury caused by our negligence;
      • 5.2. under section 2(3) of the Consumer Protection Act 1987
      • 5.3. for fraud or fraudulent misrepresentation
      • 5.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    • 6. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
      • 6.1. loss of income or revenue.
      • 6.2. loss of business.
      • 6.3. loss of profits or contracts.
      • 6.4. loss of anticipated savings.
      • 6.5. loss of goodwill.
      • 6.6. loss of software or data.
      • 6.7. wasted expenditure (such as pay per click advertising costs).
      • 6.8. wasted management or office time.
    • 7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
    • 8. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
    • 9. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
19. DURATION OF THE SERVICES AND CANCELLATION
    • 1. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
    • 1.1. we have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name
      • 1.2. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
      • 1.2.1. the Domain Name is no longer available for registration
      • 1.2.2. you are in breach of the terms and conditions herewith
      • 1.2.3. of some other reason preventing the registration of the Domain Name.
    • 2. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.
    • 3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:
      • 3.1. by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket or support live chat;
      • 3.2. by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket or support live chat
      • 3.3. by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account
      • 3.4. by exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.
      • 3.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.
    • 4. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support live chat system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.
    • 5. The monthly price for Services we supply under Contracts that continue on a month to month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.
    • 6. We will not provide you with a refund for a cancellation that is part-way through a billing period.
    • 7. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.
    • 8. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term
    • 9. Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by 7 days’ notice to you.
    • 10. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.
20. DELETION OF YOUR DATA
    • 1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.
    • 2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
21. ADDITIONAL TERMS
    • 1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
22. WRITTEN COMMUNICATIONS
    • 1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
    • 2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
23. NOTICES
    • 1. All notices given by you to us must be given though our online system.
    • 2. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
24. THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS
    • 1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
    • 2. The Contract is binding on you and us and on our respective successors and assigns.
    • 3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
    • 4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25. EVENTS OUTSIDE OUR CONTROL
    • 1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
    • 2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      • 2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
      • 2.2. strikes, lock-outs or other industrial action;
      • 2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      • 2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      • 2.5. impossibility of the use of public or private telecommunications networks; and
      • 2.6. the acts, decrees, legislation, regulations or restrictions of any government.
      • 3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

26. WAIVER
    • 1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    • 2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    • 3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
27. SEVERABILITY
    • 1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
28. ENTIRE AGREEMENT
    • 1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    • 2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    • 3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
29. CHANGES TO OUR TERMS AND CONDITIONS
    • 1. We have the right to revise and amend these terms and conditions from time to time.
    • 2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
    • 3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf

To report junk email or abuse issues please email [email protected].

This acceptable use policy governs your use of the services we provide (“Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions. NI Digital may modify this Acceptable Use Policy at any time without notice.

You must not allow a third party to access or use the Hosting Services. If you have purchased one of our reseller hosting packages, you can allow a third party (a “Third Party”) to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to be a breach of this acceptable use policy by you.

The Hosting Services are provided by NI Digital (“we”, “us” and “our”). Our registered office at 46 Hill Street, Belfast, BT1 2LB.

• A. RESOURCE USAGE

• • 1. The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
  • 2. The Shared Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of two hundred and fifty (250) gigabytes per calendar month.
  • 3. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
  • 4. In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:

• • • • a. use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
      • b. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
      • c. run any type of web spider or indexer
      • d. run any software that interfaces with an Internet Relay Chat network
      • e. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
      • f. participate in any file-sharing/peer-to-peer activities
      • g. run any gaming servers
      • h. run entries or other scheduled tasks other than by configuring them through our control panel
      • i. give away web space under a domain (including Resellers giving away free websites)
      • j. operate a proxy website or service
      • k. as a remote file host for other websites
      • l. operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.
    • 5. You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
    • 6. All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.
    • 7. MySQL Databases are limited to 1024 megabytes in size, when they reach this size we will notify you.
    • 8. If you are a Reseller and deactivate a resold web hosting account we will delete it after 50 days.

1. • PROHIBITED USES

• • • 1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
      • a. in any way that breaches any applicable local, national or international law or regulation
      • b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
      • c. for the purpose of harming or attempting to harm minors in any way
      • d. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
      • e. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM – see below)
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

1. • CONTENT STANDARDS

• • • 1. These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.
    • 2. You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.
    • 3. Material must:
      • a. be accurate (where they state facts)
      • b. be genuinely held (where they state opinions)
      • c. comply with applicable law in the UK and in any country from which they are posted
    • 4. Material must not:
      • a. contain any material which is defamatory of any person
      • b. contain any material which is obscene, offensive, hateful or inflammatory
      • c. contain any material that is pornographic
      • d. promote violence
      • e. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
      • f. infringe any copyright, database right or trade mark of any other person
      • g. be likely to deceive any person
      • h. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
      • i. promote any illegal activity
      • j. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
      • k. be likely to harass, upset, embarrass, alarm or annoy any other person
      • l. be used to impersonate any person, or to misrepresent your identity or affiliation with any person
      • m. give the impression that they emanate from us, if this is not the case
      • n. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

1. • ZERO TOLERANCE SPAM POLICY

• • • 1. We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice
    • 2. Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
    • 3. NI Digital reserves the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy
    • 4. NI Digital reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion

1. • RESELLING

• • • You agree not to:
    • a. re-sell or offer for the use of third parties any part of our Hosting Services unless a specific Reseller product has been purchased,
    • b. not to access without authority, interfere with, damage or disrupt
      • i. any part of the Hosting Services
      • ii. any equipment or network used to provide the Hosting Services
      • iii. any software used in the provision of the Hosting Services
      • iv. any equipment or network or software owned or used by any third party
    • c. If you deactivate a resold Hosting Service for 50 consecutive days we will automatically delete this Hosting Service.
    • d. You are responsible for the good housekeeping of your Reseller Service. You agree to delete files and Hosting Services that are no longer required

1. • SUSPENSION AND TERMINATION

• • • 1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
    • 2. Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
      • a. immediate, temporary or permanent withdrawal of your right to use the Hosting Services
      • b. immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers
      • c. issue of a warning to you
      • d. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
      • e. further legal action against you
      • f. disclosure of such information to law enforcement authorities as we reasonably feel is necessary

1. • CHANGES TO OUR ACCEPTABLE USE POLICY

• • 1. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

Access to and use of our website at NI.Digital (the “Website”), either as a guest or a registered user, is subject to these Terms of Use. In these Terms of Use, “we”, “us” and “our” means NI Digital, who operates this Website.

By accessing the above domain name, you will be guided to the Website. These Terms of Use apply to all use of the Website, regardless of which of the above domain names you use to gain access to the Website.

Use of the Website includes, but is not limited to, accessing, browsing or registering to use the Website.

If you use any part of the Website, that use is considered your acceptance of these Terms of Use. That acceptance applies from the date on which you first access the Website. You should stop using the Website straight away if you do not agree with these Terms of Use.

Before entering the Website, you should read these Terms of Use carefully, but also the Privacy and Cookies Policy. Before signing up for the services that we provide through the Website, you should read our Terms and Conditions.

Your use of the Website

You shall not use the Website for, or send to the Website, anything which, in any way:

5.1. is not in our best interests;

5.2. involves your use of any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or is intended to damage or interfere with the Website or any other system or information;

5.3. is infringing of any intellectual property rights or rights of privacy or confidentiality of us or any third party;

5.4. is fraudulent, criminal or not lawful, or which is in breach of any applicable law, statute, regulation or bye-law;

5.5. is misrepresentative or impersonates another person or organisation;

5.6. is defamatory, racist, sexist, defamatory, discriminatory, offensive, threatening, hateful, pornographic, indecent, obscene, malicious, abusive, political or untrue, or selling of prohibited materials i.e. drugs, weapons, fraudulent documents or counterfeit money;

5.7. is not accurate or outdated; or

5.8. is contrary to these Terms of Use or the Privacy and Cookies Policy

If you submit or send to the Website any information or material, that information or material shall be considered non-confidential and non-proprietary. You hereby grant to us a worldwide, royalty-free, irrevocable, assignable, sub-licensable licence to use that information or material for the purposes of the Website or our general business purposes. You hereby waive your moral rights in respect of such information or material, such that we do not need to identify you as the author of that information or material and we may amend or modify it as we consider, in our absolute discretion, to be appropriate.

We have the right to disclose your identity to any third party that claims that any content posted or submitted by you in relation to the Website infringes their intellectual property rights or their right to privacy or confidentiality.

You shall comply at all times with our instructions for use of the Website.

You shall fully and promptly indemnify us against all damages, claims, demands, losses, proceedings, liabilities, charges, costs and expenses suffered or incurred by us due (directly or indirectly) to your failure to comply within any provision of these Terms of Use.

Availability, accuracy and security of the Website

The Website is made available free of charge.

The content on the Website (including, but not limited to, the content of the Announcement, Blogs, Knowledge Base and Service Status sections of the Website) is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

From time to time, we may carry out maintenance or repairs to the Website, or update the Website with new functionality.

We will use our reasonable endeavours to make the Website available 24 hours a day. Subject to paragraph 19 below, we shall not have any liability if the Website is unavailable for any period or at any time.

Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.

We may suspend or withdraw from any user access to the Website for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.

We may impose restrictions for any reason on access to the Website at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.

It is your responsibility to ensure that any hardware, software or any equipment that you use is compatible with the Website, and, subject to paragraph 19 below, we shall not have any liability for any damage caused to, or viruses or other information which may effect, any such hardware, software or equipment due to your access to the Website. You should use your own virus protection software.

Subject to paragraph 19 below, we shall not have any liability for the actions of third parties.

Liability

We accept liability for:

19.1. death or personal injury caused by our negligence;

19.2. our fraudulent misrepresentation; and

19.3. any other liability that we cannot exclude or limit at law.

Subject to paragraph 19 above, and to the extent permitted by law, in all cases other than in respect of services we provide to a specific client (which shall be governed by separate contractual terms of engagement):

20.1. our maximum liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability) in relation to your use of or inability to use, or delay in use of, or reliance on any content on, the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material, shall be £100; and

20.2. we shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability):

20.2.1. in relation to your use or inability to use of, or delay in use of, or reliance on any content displayed on, the Website or any material in it or accessible from it; or

20.2.2. arising from any action or decision taken as a result of using the Website or any such material;

for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) ex gratia payments; (xi) loss of operation time; (xii) loss of opportunity; (xiii) loss caused by the diminution in value of any asset; or (xiv) loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred. For the avoidance of doubt, (ii) to (xiv) (inclusive) of this paragraph 20.2 apply whether such losses are direct, indirect, consequential or otherwise.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

Intellectual Property

We are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

All names, logos and related names, design marks and slogan used by us are trade marks or service marks of us or our licensees.

Unless otherwise stated, the copyright, database rights and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics and materials (together “Materials”) on the Website, and the design, layout, “look and feel” and appearance of the Website is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:

24.1. your use of the Website and any Materials is for your internal, personal, private use only;

24.2. except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or in any public or private electronic retrieval system or service;

24.3. you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;

24.4. except as we expressly permit, you must not in any way modify any Materials on the Website;

24.5. our copyright notice (e.g. © NI Digital) or, where indicated, the notice of our licensors, must appear in all electronic or hard copies of any Materials or extracts from the Website;

24.6. when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us, our suppliers and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website;

24.7. if you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made; and

24.8. any rights not expressly granted in these Terms of Use or otherwise by us are reserved.

Your account and login details

You may need to use a username and password to access restricted sections of the Website. To register for such access, you may need to provide us with your name, email address, phone number and your chosen username and password; please see our Privacy and Cookies Policy for more details about this.

When you choose a username, password or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

You should not choose a password which can be guessed easily.

If you think you may have lost your password or allowed a third party to see it, you must let us know straight away.

You shall be responsible for all use of the Website made under your login details.

We may require that you change your password from time to time.

We may disable any login details at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

Third party websites

We have no control over the content of any website to which a link from the Website exists (unless we are the provider or operator of those linked websites). Subject to paragraph 19 above, we shall have no liability for the content of those linked websites. Those websites are provided “as is” with no express or implied warranty for their content. By providing a link to those websites, we do not provide any endorsement or recommendation of those websites, their content or their operators or owners.

Unless we provide our written consent for you to do so, you shall not frame the Website onto your own or another person’s website.

We hereby grant to you a royalty-free, non-exclusive, revocable licence to provide a link from your website to the homepage of the Website; however, you must do so in a legal and fair way without damaging our reputation or taking advantage of it, and:

34.1. you shall not establish a link to the Website on any website that is not owned by you;

34.2. you shall not say anything that is false, misleading, derogatory or offensive about us or our services;

34.3. you shall not make any warranties or representation about us or our services without our prior written consent;

34.4. you shall not say or suggest that we have endorsed your website or are associated with it without our prior written consent; and

34.5. you may not charge any fee to any third party in order to use such link or to otherwise access the Website and, if you act in breach of this paragraph 34.5, you agree that any such fee that you have received shall become immediately payable by you back to such third party.

We reserve the right to withdraw this linking permission without notice.

Changes to the Website and these Terms of Use

We may change or update the Website and its content at any time without notice to you. However, please note that any content on the Website may be out of date at any given time, and we are not under any obligation to update that content.

We may change these Terms of Use at any time without notice to you. If we do change these Terms of Use, we will post the updated Terms of Use on the Website. It is your responsibility to check the Website from time to time to see if there have been any changes to these Terms of Use. Once any updated Terms of Use are posted on the Website, your continued use of the Website will be considered to be your acceptance of those updated Terms of Use.

General

If any provision of these Terms of Use shall be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction, then, to the extent that provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted, and the remaining provisions of these Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms of Use and your use of the Website (including, but not limited to, all non-contractual arising out of or in connection with them or it) shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with these Terms of Use and your use of the Website shall be subject to the exclusive jurisdiction of the English courts, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.

Service Delivery

Shared / Reseller / WordPress / Application Hosting:

Shared and re-seller hosting accounts will be activated instantly on receipt of payment. Once paid, our systems will automatically provision your account and will notify you of any relevant setup / information.

Due to our fraud prevention systems – any order may be placed in a ‘Pending’ state awaiting confirmation / acceptance by management. This may cause delays and will prevent the automatic creation of the shared hosting accounts mentioned above.

Cloud / VPS / Dedicated and Other:

Services apart from those on our shared hosting environments will be provisioned manually within 48 hours following receipt of first payment.

The objective of this SLA is to document the availability of the Service that NI Digital is to achieve. This does not constitute any additional liability to NI Digital, but instead a self-assumed obligation towards the Client. Under the conditions below NI Digital offers to pay the Client service credits if the availability defined below is not met.

NI Digital shall guarantee the availability will be 99.9% in any calendar month, subject to exclusions as defined below. If NI Digital fails to meet this guarantee a credit shall be available to the Client as defined below.

The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:

– Outage periods due to any cause other than faults by NI Digital, including faults or negligence of the Client or problems associated with equipment connected on the Client’s side of NI Digital delivery point,

– In case that the Client’s equipment should cause negative effects on the performance, quality and/or operation of the NI Digital Network, NI Digital will proceed to disconnect the link, for benefit of the rest of users of the NI Digital Network. This disconnection won’t be cause of penalty under the SLA. NI Digital will notify the Client as soon as possible about this issue in order for the Client to repair the problems.

– Outage periods reported by the Client in which no fault is observed or confirmed by NI Digital,

– Any fault period during which service is suspended under provision in this Agreement,

– The Client requesting NI Digital to upgrade the capacity of the service, if this operation results in an outage.

– During Scheduled Maintenance affecting the Services as defined above.

– Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the Client’s network or executed against users inside the Client’s network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client’s responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients.

Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from NI Digital applies in case of Force Majeure.

Should the Client not have access to the Services as defined above, NI Digital shall credit the client as follows:

The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying NI Digital within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against NI Digital for any non-availability of the Services.

Premium Hosting / Premium Reseller SLA

NI Digital shall guarantee the availability will be 99.95% in any calendar month, subject to exclusions as defined in the general SLA terms above. If NI Digital fails to meet this guarantee a credit shall be available to the Client as defined below.

The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying NI Digital within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against NI Digital for any non-availability of the Services.