M247 have specific terms and conditions for different product sectors. Please choose which category you fall into:
Connectivity - bespoke
You will find our full terms and conditions in your Colocation contract. You will also find the M247 Colocation manual helpful in explaining customer processes and procedures. If you need us to send you a copy of either your Contract or the Colocation Manual please dont hesitate to contact us.
Where the context admits: refers to M247 Ltd, that is M247 of 1-3 Ball Green, Cobra Court, Manchester, M32 0QT. "You" includes the person purchasing the services or any party acting on the customer's instructions. ADSL Services means broadband services delivered over the copper wire telephone network. ADSL Services covers both ADSL which offers speeds up to 7Mbps and ADSL2+ which offers up to 16Mbps speeds. ADSL services are distinct from our Fibre Optic Broadband Services. Broadband Services means the ADSL or FTTC or FTTP Service provided to you in accordance with these Terms and Conditions. Hardware means the router which is required to access the Broadband Services. M247 Service means the any of the broadband range of services M247 Ltd offer.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
M247 Ltd provides connectivity. M247 Ltd reserves the right to suspend or cancel a customer's access to any or all services provided by M247 Ltd when M247 Ltd decides that the account has been inappropriately used or otherwise.
2 The Services
2.1 The Broadband Services will be provided to you at the Premises specified in the Customer Order.
2.2 Quoted speeds for the Broadband Services refer to the maximum available upload and download bandwidth.
2.3 By using the Broadband Services you accept the terms of our Acceptable Usage Policy, as stated in Section 10 of these terms.
3 Commencement of Services
3.1 Before we can accept your Customer Order, we need to be certain that we can provide you with the Broadband Services. To do this, we need to successfully:
a) complete a line test and survey; and
b) activate the Broadband Services. If it is not possible to provide the Broadband Services because one of the above cannot be completed successfully, we will notify you as soon as possible. We will also refund any charges for the Broadband Services that you may have paid in advance, apart from any Abortive Visit Charges that have been incurred.
4.1 To enable us to provide the Broadband Services, certain equipment may need to be installed at your Premises. Before accepting your Customer Order, we may give you some advice on any necessary preparation.
4.2 You will need to provide a suitable location for any Hardware which is purchased from us, or which you supply yourself.
5.1 We will use our reasonable efforts to activate the Broadband Services by the date notified to you following acceptance of your Customer Order, however all dates are estimates and we cannot guarantee that they will be met.
5.2 When the Broadband Services are being activated at your Premises, you may lose your telephone service for up to two hours. This is because your existing connection needs to be adjusted to allow you to access the Broadband Services.
5.3 In the event that you move to our 21CN Service, you acknowledge that when the new Services are being activated at your Premises, you may lose your telephone service whilst your Broadband Service is being transferred. This is because your existing connection needs to be adjusted to allow you to access the new Service.
5.4 We endeavour to make any loss of telephone service as brief as possible, but you acknowledge that the timing of the activation and the period of the loss of service are the sole responsibility of a third party contractor and are, therefore, outside of our control.
5.5 We cannot accept any liability for any costs, expenses, losses, damages or other liabilities (howsoever arising) which you may incur as a result of the timing of the activation or the period of any loss of service referred to at clause 5.3 above.
6.1 The Broadband Services are transferable between telecommunications lines where there is a change of property address and a new line is being installed.
6.2 Your User Name is not transferable on a telecommunications line that has not been enabled for broadband by M247 Ltd.
7. Product Regrades
7.1 Speed of service upgrades between our range of Broadband Services take between 1 and 5 working days to process from the order being received.
7.2 Speed of service downgrades between our capped Broadband Services will only occur at the next billing date.
8.1 All Hardware that you purchase from us is covered by a one year warranty.
8.2 Please let us know within 10 calendar days from the date on which the Hardware is originally delivered to you if there are any missing items. If you notify us within the 10 calendar day period we will send out replacement items free of charge. After the 10 day period has passed, you will be charged for replacement parts and delivery costs. Please be aware that each item has a recorded delivery time from our hardware supplier depot. This information will be used to remedy any disputes regarding the start and end of the initial 10 day period.
8.3 If Hardware is damaged during delivery, or if you encounter a problem with your router within the one year warranty period, please contact M247 Technical Support to report the fault 0161 615 1270
8.4 Should you wish to return Hardware due to an ADSL Service activation failure, please follow the returns process below:
a) contact M247 Sales on 0161 615 1270 to confirm the ADSL Service activation failure;
b) upon receipt of the Hardware we will issue a credit note.
8.5 Please note that returns due to ADSL activation failures will only be accepted within 14 calendar days from the date on which you receive notification of activation failure from us.
8.6 You acknowledge that some routers that are compatible with an ADSL Service may not be compatible with a move to an ADSL2+ service and that you may have to purchase an alternative router at your own cost in order to be able to access the ADSL2+ service.
8.7 In the event that you do not wish to purchase a new router to access the ADSL2+ service, we will transfer your ADSL Service from the ADSL2+ service back to your original contracted ADSL Service at no cost to you.
8.8 For the avoidance of doubt, we can only offer support and assistance in respect of M247 Ltd supplied Hardware. If you choose to purchase Hardware from a third party, you will be responsible for ensuring that you have access to appropriate support and assistance in respect of that Hardware.
9. Acceptable Use Policy
Acceptable Use of the Broadband Service means that breaches of this may result in suspension of your service. Breaches include but are not limited to:
b) Excessive use of resources (bandwidth/disk usage)
c) Disruption to the network
d) Email spamming
e) Distribution of illegal material
f) Infringement of copyright
If anyone believes that there is a violation of this Acceptable Use Policy M247 request that they direct the information to this address: firstname.lastname@example.org
10.1 Subject to clause 11.2, you may end the Agreement at any time before the Broadband Service is activated and available for you to use.
10.2 The following cancellation charges shall apply for orders which have not yet been activated but which have been processed:
a) where cancellation is greater than 2 days before your order delivery date, a charge will be payable; and
b) where cancellation is 2 or fewer days before your order delivery date, a cancellation charge.
10.3 Once the Broadband Services have been activated and are available for you to use, you may only end this Agreement by notice equal to the Minimum Cancellation Notice Period of 14 days, to expire any time on or after the Minimum Service Period, which, as stated at point of sale are:
a) 30 days in the case of Broadband Services;
b) 12 months in the case of a Broadband Service transfer from an LLU provider
c) 12 months in the case of the Broadband and Calls Package.
10.4 If we deem that your telecommunications line is not capable of supporting the Broadband Services we reserve the right to terminate your Broadband Service immediately without notice and issue a refund for any Broadband Services not provided. Examples include:
a) your line is too far away from the telephone exchange, or
b) the quality of your line is too poor.
10.5 Notwithstanding the provisions of clause 11.4, we reserve the right to move you onto a different product at no additional cost to you, if, in our reasonable opinion, it would mean that your service would perform better, provided always that such alternative product shall be of equivalent price to your existing product.
10.6 In the event that you cancel or change ownership of your telephone line, your Broadband Service will be terminated and any remaining Charges will become immediately due and payable.
10.7 Where the Broadband Service is terminated within the Minimum Service Period, you will remain liable for the charges for the remainder of the term. This will be in addition to any cease charges for termination of the Broadband Service itself.
11.1 We reserve the right to raise an 'Abortive Visit Charge' if:
a) entry to your premises is refused; or
b) no access can be gained despite you having agreed that we or any other person may access your Premises.
11.2 In the event that an engineer is called to repair a fault to your Broadband Service, we will implement the following procedure:
a) when you call into our Support team to register a fault with your service we will conduct an investigation into the fault. All of the requests will be explained and it is your responsibility to carry out the tests at your Premises and provide accurate feedback; and
b) based on your feedback, we will decide if an Engineer visit is required and our Support team will advise you of the chosen course of action and associated costs. You can then decide if you want the Engineer visit to go ahead.
12. Data Protection
12.1 In order to provide you with the Broadband Service, we need to share your personal details with our suppliers.
12.2 The Suppliers may write to or call you directly about any changes to your order fulfilment or repair of your Broadband Service or to confirm the time of their Engineers arrival for appointments.
12.3 Both we and our suppliers will comply with the Data Protection Act with regards to any data we hold about you.
13. Payment Terms
Payments terms are in advance and we reserve the right to suspend services due to non-payment within the terms.
You will find our full terms and conditions in your Connectivity contract (this includes Leased Lines, EFM, FTTC, MPLS, IP/VPN, GEA and BGP IP Transit) which may have been sent as a part of your quote. If you need us to send you a copy please dont hesitate to contact us.
The terms and conditions for Dedicated Servers are as for Hosting but with the additional elements as determined below:
1. Uptime Guarantee
"Uptime" refers to the amount of time the electrical power and internet connectivity for the dedicated server Services are available, as measured solely and only by M247 Ltd internal monitoring systems. "Downtime" refers to the amount of time the Services are unavailable, as measured solely and only by M247 Ltd internal monitoring systems.
M247 Ltd guarantees that its Networking and Connectivity services will be available 100% of the time. In the event such level of service is not provided, M247 will credit the customers account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by the for the Services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labour charges, and other services which are unrelated to Uptime.
100% will result in a credit of: 0%
99.1% to 99.9% will result in a credit of: 5%
98% to 99% will result in a credit of: 10%
95% to 97.9% will result in a credit of: 25%
90% to 94.9% will result in a credit of: 50%
89% or below will result in a credit of: 100%
The customer must request a credit by emailing email@example.com the email must include the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by M247 within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by M247, credit will be applied to the customers account within thirty (30) days of receipt of the customers credit request.
The total amount credited to the customer in a particular month under this Agreement shall not exceed the total amount of fees paid by the customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to the customer or collected by M247 Ltd.
The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by M247 Ltd to provide credit to You:
a) emergency maintenance
b) scheduled maintenance
c) system upgrades
d) domain name system (DNS) problems outside of our control
e) issues with FTP, POP, IMAP, or SMTP customer access
f) Acts or omissions by You or any of Your employees or agents, resulting in downtime
g) Any negligence, willful misconduct or illegal misconduct
h) Problems with users' web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the servers
2. Hardware Replacement Guarantee
M247 Ltd strives to maintain the integrity of the hardware used to provide its servicesM247 Ltd maintains a stock of all essential hardware necessary to provide the Services and shall replace any and all substantially malfunctioning hardware within 12 hours of becoming aware of such substantial malfunction. The amount of time for replacement of hardware shall be measured from the moment that M247 Ltd determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.
In the event that M247 Ltd fails to meet this hardware replacement guarantee, we will issue, to You, account credits in the amount of 10% of the base monthly server rent for each hour, after the first 12 hours, of the monthly service fee for the server in question to a maximum of 50% of the cost of the server itself (excluding any management, upgrades or additional services associated with the server in question.)
To receive a credit, You must make a request by sending an email message firstname.lastname@example.org. Each request in connection with this Agreement must include the dates and times of the hardware replacement situation, the name and IP address of the server or servers which experienced delayed replacement. The request must be received by M247 Ltd within ten (10) business days after the incident. Upon confirmation the credit will be applied to Your account within 30 days.
Where the context admits: "We or us" refers to M247 Ltd, 1-3 Ball Green, Cobra Court, Manchester, M32 0QT. "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
M247 Ltd will consider all requests for domain name registration and accept or reject them in accordance with guidelines set by the relevant naming authorities. *.uk domain registrations must abide by http://www.nic.uk/registrants/aboutdomainnames/legal/terms/. Global domain registrations (.com/.net/.org/.info/.biz) must abide by INWW terms. M247 Ltd make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal or failure to register or renew a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name. M247 Ltd shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute. M247 Ltd shall not release any domain to another provider or update name servers, unless full payment for that domain and any associated service(s), has been received in full.
Cancellation and Refunds
Fees charged on a prepay basis are non-refundable.
Customer agrees that it shall defend, indemnify, save and hold M247 Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against M247 Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless M247 Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with M247 Ltd' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from M247 Ltd's server.
M247 Ltd will not be responsible for any damages your business may suffer. M247 Ltd makes no warranties of any kind, expressed or implied for services M247 Ltd provide. This includes loss of data resulting from delays. M247 Ltd reserves the right to revise its policies at any time.
Where the context admits: refers to M247 Ltd, that is M247 of 1-3 Ball Green, Cobra Court, Manchester, M32 0QT. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Services" means web site hosting, email and any other service or facility provided by us to you. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
M247 Ltd provides World Wide Web hosting. M247 Ltd reserves the right to suspend or cancel a customer's access to any or all services provided by M247 Ltd when M247 Ltd decides that the account has been inappropriately used or otherwise.
1 - Server Usage
Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. M247 Ltd reserves the right to refuse service and /or access to its servers to anyone.
1.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
1.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
1.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
1.3.2 you will not upload, post, link to or transmit:
1. any material that is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
2. any material containing a virus or other hostile computer program.
3. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
1.3.3 You will not store on the server any of the following:
1. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any UK, European or Local regulation.
2. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of M247 Ltd. Also includes any sites which provide "links to" information about such material or advertising for such material.
3. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
4. .EXE files - no unsolicited executable files can be stored on the servers for security and satiability reason.
1.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
1.5 You shall observe the procedures that we may from time to time prescribe and shall make no use of the Server that is detrimental to our other customers.
1.6 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
1.7 Any access to other networks connected to M247 Ltd must comply with the rules appropriate for those other networks.
1.8 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2 - High Resource User Policy
Resources are defined as bandwidth and/or processor utilization. M247 Ltd may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available M247 Ltd reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby M247 Ltd continues hosting the website for an additional fee.
3 - Payment Policies
3.1 - All accounts are set up on a prepay basis. Although M247 Ltd reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. Payment is due each anniversary year, semi-annually, quarter or month following the date the account was established. Customers will be invoiced 30 days before their next due date at the end of their prepay period unless closure notification has already been given in writing to email@example.com before the renewal invoice due date is generated. M247 Ltd will automatically suspend services if invoices are 30 days or more overdue. M247 Ltd shall be entitled forthwith in the event of suspension of the provision of Services to you to levy a reconnection charge. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. If an invoice is 40 days or more overdue, M247 Ltd will automatically add a late fee of 10 + VAT to all outstanding invoices, an account will not be unsuspended, if it has been suspended, until all outstanding monies, including the late fee, are paid in full. All payment is in UK sterling.
3.2 - Customers agree to be billed monthly overages when accounts are over their allocation of resources, specifically disk space and bandwidth. The overages rate is available on the package information page. We reserve the right to update the overages rate but will inform customers with at least 27 days notice if doing so.
3.3 All payments (other than payments made Online) must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of 30.
3.4 We understand and will exercise our statutory right to interest under the late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to agreed credit terms.
4.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
4.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
4.3 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
5. Service Availability
5.1 We shall use our reasonable endeavour to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the Server.
5.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 14 days you will be notified of the reason.
6. Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
7. Cancellation and Refunds
M247 Ltd reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes M247 Ltd' terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable
The contract shall commence on the commencement date and continue for the Service period and thereafter shall remain in force and effect unless terminated by (1) months written notice by either party subject to the client not being entitled to give notice of termination until expiry of the Service period.
Customer agrees that it shall defend, indemnify, save and hold M247 Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against M247 Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless M247 Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with M247 Ltd' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from M247 Ltd' server. Customers must be at least 18 years of age. Customer agrees to supply a current and truthful full name, e-mail address, postal address, and telephone number.
Without in any way limiting our rights under sub-clause 5.3
9.1 if you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
9.2 if your website files or scripts stored on one of our servers causes, or M247 Ltd staff believe that they cause noticeable and detrimental reduction in service for other uses, then we may immediately suspend your Web Site.
9.3 if you break any of these terms and conditions and you fail to correct the breach within fourteen (14) days following written notice from us specifying the breach, we may terminate this Agreement forthwith upon written notice.
9.4 if you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.
9.5 on termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
9.6 The contract shall commence on the commencement date and continue for the Service period and thereafter shall remain in force and effect unless terminated by (1) months written notice by either party subject to the client not being entitled to give notice of termination until expiry of the Service period.
10. Limitation Of Liability
10.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause 10.2.
10.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
10.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services that are the subject of any such claim.
10.4 In any event no claim shall be brought unless you have notified us of the claim within 3 months of it arising.
10.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
M247 Ltd will not be responsible for any damages your business may suffer. M247 Ltd makes no warranties of any kind, expressed or implied for services M247 Ltd provide. M247 Ltd disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by M247 Ltd and its employees. M247 Ltd reserves the right to revise its policies at any time.
15. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation that has not been made expressly in this Agreement.
The following is a list of our terms and conditions. By making use of this website and our services you agree to the following:
Delivery will be added according to our current scale of charges. They are:
10 + VAT for orders under 500 + VAT (except where all the items are email-able)
free for all orders over 500 + VAT
Payment via the website must be via credit card.
Phone payment may be made either via credit card or on strictly 14 day terms. These terms are rigorously upheld and you will start accruing interest when these terms are exceeded until payment is received either by BACS or by cheque.
The items you order will be ordered for you when we receive your order. If you decide you no longer wish to have these items please see our returns policy for details of returning goods.
All orders will be processed within 2 working days of you placing your order.
Payments terms are in advance and we reserve the right to suspend services due to non-payment within the terms.
We accept the return of all firewall items only if they are unopened and in their original condition. If you return goods, as detailed, within 14 days, we will issue a full refund for the price you paid for the item.
We accept the return of electronic support, warranty & VPNs only if they have not been activated or used within 14 days.
You can always return items if they are defective. Please note: we only accept returns of items that have been opened if they are defective. Please see "To return an item" below for details of how to return defective items to us.
Delivery charges and other services:
If you are returning an item because of an error on our part or because it is defective, we will be happy to refund the delivery charges incurred in sending the item to you and your costs in returning it to us. Otherwise you will be responsible for those charges and the costs of any other services provided to you in connection with your purchase, for example configuration.
To return an item:
To return an item, please contact us giving the reason for the return and we will issue a RMA (returns will not be accepted without a valid RMA number), wrap the package securely and send the package to the address below.
In the case of a defective product, please provide a full description of the fault and return the defective item in its original box (if any), with all warranty cards, licences, manuals and accessories. Then send the package to the address below:
M247 Ltd, 1-3 Ball Green, Cobra Court
Manchester, M32 0QT
For your protection we recommend that you use a recorded-delivery service.
This returns policy does not affect your statutory rights.
Cancelling an item:
Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase of any item within seven working days of delivery. This applies to all our products. However, we regret that we cannot accept cancellations of contracts where the item has been unsealed, the activation keys used, the services used in any way, or the item setup & configured. If these do apply then you will be liable for the services which you have had (eg configuration) and for a restocking fee of one third of the price of the item.
To cancel this contract, please email us at firstname.lastname@example.org, giving the reason for the return as "Contract cancellation". Please package the relevant item securely and send it to us within seven working days of the date that the item was delivered to you. The return address is:
M247 Ltd, 1-3 Ball Green, Cobra Court
Manchester, M32 0QT
For your protection, we recommend that you use a recorded-delivery service. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty. If we do not receive the item back from you with the delivery slip, we may arrange for collection of the item from your residence at your cost. You should be aware that once we begin the delivery process, you will not be able to cancel any contract you have with us for services carried out by us (for example, postage and packing, and configuration). As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item.
The terms and conditions for Virtual Private Servers (refered to as VPS) are as for Hosting but with the additional elements as determined below:
1. Services Provided
M247 Ltd agrees to provide the use of a VPS to Customer, for the exclusive use of Customer at the price agreed upon before the initiation of service, for the term as defined below. Customer represents and warrants that Customer has or has access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the VPS. M247 Ltd further agrees to maintain the hardware on which the Virtual Server is located. Except with respect to the use or configuration of the Control Panel, M247 Ltd does not provide phone or e-mail support or other technical assistance for the administration of the VPS or otherwise related to the Services.
2. Access Restrictions
Access to the VPS is limited to you and your authorized agents. M247 has limited access to the contents of your VPS. M247 reserves the right to require, at its discretion, software upgrades for the purposes of maintaining security and stability of the services provided and may require the installation of such upgrades. Standard fees for such upgrades shall be set by M247 from time to time.
3. Network Data Transfer
There shall be no charge for monthly aggregate or daily average network transfer within the allowance of the VPS purchased, depending on the terms agreed upon at purchase, as measured during any 30-day period. Monthly aggregate or daily average network traffic in excess of the pre-arranged allowance shall incur an additional fee. Payment of this fee will be required in order to maintain service. Network traffic shall be measured by M247 Ltd and may include all forms of traffic to and from the VPS.
4. Hardware and Software Configuration
All VPS must use software configurations that conform with M247 Ltd requirements. Use of any particular software configuration may be declined at the sole discretion of M247 Ltd. Customers have no right or expectation to receive a hardware or software configuration on their VPS that is more capable than that which was initially ordered, nor can a Customer expect to receive support with respect to the correction of errors caused by mistakes, faulty settings, and installation errors caused by the Customer.
5. Server Ownership
All servers and other Equipment shall at all times remain the property of M247 Ltd and are not subject to customer demands.
6. Security of Operation of System
Customer agrees not to maliciously or intentionally interfere with the proper operation of the server and network, including but not limited to defeating identification procedures, obtaining access beyond that which Customer is authorized for, and impairing the availability, reliability, or quality of service for other customers. Customer further agrees not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. Customer agrees to follow the Acceptable Use Policy of any network or service to which Customer connects.
Except with respect to issues concerning the physical security of M247's data centre, Customer agrees that the security of the VPS and all Services is solely Customer's responsibility. It is the sole responsibility of the Customer to maintain and update security software on the VPS. Under no circumstance will M247 be held liable for security breaches and damage caused by the Customer's failure to maintain or update the security software or to maintain adequate security protocols in the administration of the VPS. To secure VPS from external misuse, Customers are encouraged to utilize packet filtering technology.
Customer agrees that if the security of Customer's VPS has been compromised in any way, Customer will notify M247 immediately in writing. Customer shall be held fully responsible for any misuse or compromise of Customer's VPS. Customer agrees that if any security violations are believed to have occurred in association with Customer's VPS, M247 Ltd has the right to suspend access to the VPS pending an investigation and resolution. Customer also agrees that M247 Ltd has the right to cooperate in any government or legal investigation regarding any aspect of its services, including any servers or VPS used by Customer. Any use of M247's system to engage in software piracy or other violations of law will result in service suspension and be immediately reported to the appropriate authorities.
8. Payment Terms
Payments terms are in advance and we reserve the right to suspend services due to non-payment within the terms.