1. Services
We shall use Our reasonable skill and care, as soon as practicable after receiving a copy of the Site Software and any Materials, in a format reasonably specified by Us, to host the Site in accordance with this Agreement and subject to Your payment of the relevant Charges, until terminated by Us giving You not less than 90 days’ notice of termination of this Agreement.
2. Site content
2.1. You shall be responsible for the accuracy and completeness of the Materials.
2.2. We shall update the Site with Materials provided by You from time to time as soon as reasonably practicable.
3. Domain Names
3.1. If You control Your own domain name (and DNS servers) then You will provide Us suitable technical support for managing Your web services.
3.2. If We acquire for You a domain name(s) on Your behalf We will ensure to register You as the legal owner of the domain names(s) unless written instructions are supplied by You to state otherwise.
3.3. If We are passed control of Your domain names(s) then We shall use Our reasonable endeavours to avoid any disruption to You.
3.4. We will not be liable to You for:
3.4.1. any loss of profit, revenue or other type of economic loss (whether direct or indirect);
3.4.2. loss of business or contracts;
3.4.3. loss of expected savings or goodwill; or
3.4.4. any losses which a court categorises as ‘consequential’, or ‘indirect’ arising out of or in connection with the domain name, including but not limited to:
3.4.4.1 loss of registration or use, or both (for whatever reason and whether temporary or otherwise), of the domain name.
3.4.5. Our total liability to You, under this Schedule 3 (including liability for negligence), will be no more than £500 per occurrence on an annual basis.
3.5. On termination of this Agreement, we will transfer to an ISP of your choice your domain name(s).
3.6. We will respond within 3 hours during standard working hours (9:00am - 5:30pm GMT Monday to Friday) or within 3 hours of the start of the next working day if communications are received outside of these times if there is an issue with abuse or a complaint regarding our domain service. Contact information can be found at www.senior.co.uk/complaints
4. Service levels—standards and interruptions
4.1. Unless stated otherwise in the Site Specification, the Site will be available to visitors pursuant to the Services at least 99.7% of the time and Downtime shall be avoided so far as commercially practicable.
4.2. Outages (being router package loss in excess of 50% sustained for more than 60 seconds), including emergency and previously scheduled windows for router, switch or server maintenance, are not to be included in Downtime calculations. We shall make all commercially reasonable efforts to provide You with prior email notification of all scheduled and emergency outages. An alternative web page will be displayed during any outages (planned or emergency).
4.3. All data within the Site is segregated and backed up as follows:
4.3.1. daily backups maintained for one week;
4.3.2. weekly backups maintained for one month;
4.3.3. monthly backups maintained for one year; and
4.3.4. offsite backups occur monthly shall be maintained for 1 year.
4.4. In the event of a disaster (e.g. a catastrophic event at the data centre co-location facility in London’s Docklands) within Service Hours, the off-site backups allow Us to restore service within approximately 24 hours Service Hours using our disaster recovery server solution which is hosted in Nottingham; if the disaster occurs outside Service Hours, we commit to restoring the service using our disaster recovery solution within 48 hours.
4.5. We shall notify You of any report of Downtime, and investigate it using suitably qualified personnel, as soon as reasonably practicable after becoming aware of it, and shall remedy the Downtime as soon as reasonably practicable.
4.6. We are not liable for any commercial loss of sales from Your Site for any circumstances arising from loss of service.
5. Website content and data
5.1. You shall not provide or permit to remain in the content on the Site any material or other information that:
5.1.1. infringes any IPR;
5.1.2. is in breach of any law or regulation;
5.1.3. is defamatory, libellous, unlawfully threatening or harassing;
5.1.4. is obscene, pornographic or indecent; or
5.1.5. contains any viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information or software.
5.2. For the avoidance of doubt, We do not monitor, and will have no liability for the contents of, any communications transmitted by virtue of the Services but may remove or block access to any content on receipt of a formal complaint or official request.
5.3. For the purposes of providing the Services in accordance with this Agreement, You grant to Us a non-exclusive, royalty-free licence, during the term of this Agreement, to use, store and maintain the Material and other software We are incorporating as part of the Site on a server. We may make such back-up and working copies as may be necessary to perform Our obligations under this Agreement. On the termination of this Agreement in any way, We shall destroy or deliver to You all remaining copies of such as and when requested by You.
5.4. We shall take reasonable care to avoid passing on any viruses or introducing them to You or Your users by use of robust procedures and modern virus checking software, however, due to the open nature of the internet, no virus-free guarantee can be given. You are advised to install appropriate procedures and software for Your users.