Hosting Terms & Conditions
1.1 These terms and conditions ("Terms") govern the provision of cloud hosting and website maintenance services ("Services") for the Mayne SaaS System ("MSS") offered by Mayne Computer Technology Limited ("Provider") to its clients ("Clients").
1.2 By using the Services, the Client agrees to be bound by these Terms. If the Client does not agree with any part of these Terms, they should not use the Services.
2. Scope of Services
2.1 The Provider will provide cloud hosting services for the MSS using the 1&1 IONOS dedicated server, which ensures georedundancy and uninterrupted hosting even during maintenance downtime and outages. The server-side security, including the use of 1&1 IONOS server shield technology, will help prevent DDoS attacks and maintain the stability of the site, including the provision of RDP access as necessary for the MSS.
2.2 The Provider's 1&1 IONOS dedicated server hosts all live sites, providing unlimited bandwidth and an uptime performance of 99.9%. Additionally, the test sites are hosted on the Provider's 1&1 IONOS dedicated server, offering unlimited bandwidth and an uptime performance of 99.99%.
3. Client Responsibilities
3.1 The Client is responsible for providing accurate and up-to-date information required for the provision of the Services, including but not limited to account details, content, and configuration settings.
3.2 The Client is responsible for maintaining the security and confidentiality of their login credentials and must notify the Provider immediately in case of any unauthorized access or suspected security breach.
3.3 The Client is solely responsible for the content and data uploaded to or transmitted through the MSS and must ensure that it complies with all applicable laws, regulations, and third-party rights.
4. Fees and Payment
4.1 The Client agrees to pay the fees for the Services as specified in the separate agreement or pricing schedule provided by the Provider.
4.2 All fees are payable in the currency and method specified by the Provider. The Client shall be responsible for any applicable taxes, duties, or other charges.
4.3 The Provider reserves the right to suspend or terminate the Services in case of non-payment or late payment of fees.
5. Intellectual Property
5.1 The Client acknowledges that all intellectual property rights in the MSS, including but not limited to software, designs, logos, trademarks, and content, belong to the Provider or its licensors. This includes any intellectual property associated with Progress-related products used in the MSS.
5.2 The Client retains ownership of their own content and data uploaded to the MSS.
6.1 Both parties agree to treat any confidential information received from the other party as confidential and not disclose it to any third party, except as required by law.
7. Limitation of Liability
7.1 The Provider makes every effort to ensure the smooth operation and functionality of the MSS, including the proper licensing of Progress-related products used within the MSS. However, due to the complexities of technology and the involvement of third-party suppliers, the Provider does not guarantee that the system will be error-free or operate without interruptions.
7.2 The Client acknowledges and agrees that the Provider, its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the Services, including but not limited to loss of earnings, damages, financial loss, or interruption of business, including any consequences related to Progress-related product licensing.
7.3 The total liability of the Provider, whether in contract, tort, or otherwise, shall be limited to the amount paid by the Client for the Services during the twelve (12) months preceding the event giving rise to the claim.
8.1 Either party may terminate the Services upon providing written notice to the other party.
8.2 The Provider reserves the right to suspend or terminate the Services immediately in case of a breach of these Terms by the Client.
8.3 The Services provided under this agreement are subject to a 12-month annual commitment which will auto renew is notice within 4 weeks from the annual end date, starting from the date of commencement. The agreement can only be canceled by providing a written notice of at least four (4) weeks prior to the end of the agreement's term.
9.0 Windows RDP Licensing Responsibility
9.1 The use of Windows Remote Desktop Protocol (RDP) may be required for accessing and using the MSS. It is the sole responsibility of the Client to ensure that they operate RDP under a valid and legally obtained license. While the Provider may assist in configuring RDP licensing, it is expressly understood that the Provider is not responsible for validating or verifying the legality or appropriateness of the Client's RDP licenses. The Client is responsible for complying with all relevant licensing requirements and agreements pertaining to the use of RDP.
10.0 Progress-Related Product Licensing
10.1 The MSS is built on the OpenEdge Progress platform, and the Provider will ensure that the Clients have the relevant licensing for all Progress-related products used within the MSS. This includes licensing for the Progress database management system and associated tools. The Client is responsible for complying with all licensing requirements and agreements related to Progress products. Any usage of Progress-related products outside the scope of the MSS is subject to the licensing terms and conditions set forth by Progress Software Corporation.
11.0 Governing Law and Jurisdiction
11.1 These Terms shall be governed by and construed in accordance with the laws of England & Wales.
11.2 Any dispute arising out of or in connection with these Terms, including disputes related to Progress-related product licensing, shall be subject to the exclusive jurisdiction of the courts of England & Wales.