General Terms and Conditions for use of Website and Portals of Digital Space Group Limited

WEBSITE

The website (the “Site”) is accessible at https://www.digitalspace.co.uk

This section tells you the terms of use on which you may make use of our website. Please read these terms of use carefully before you start to use the Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site.

Information About Us

The site operated by Digital Space Group Limited (“We”). We are a limited company registered in England and Wales under company number 04841830 and have our registered office at Brunel Business Park, Jessop Close, Newark, Notts, England, NG24 2AG.

Content of the Site

The content is only for your general information and use and is not intended to address any requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon.

While all reasonable attempts are made to ensure the accuracy of the information, neither we, nor our information contributors can be held responsible for the accuracy of the information found on the Site. We make no expressed or implied warranty as to the accuracy of content or programming.

Accessing the Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

Use of the Site

When completing the enquiry forms, it is your responsibility to provide us with accurate and complete information to allow us to provide you with the requested information. It is your responsibility to inform us of any changes to the information supplied (including, in particular, changes to the e-mail address supplied) by e-mailing Customer Services.

The Site and the network owned and/or operated by Digital Space may only be used for lawful purposes.

Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.

This includes, without limitation:

  • material protected by copyright, trademark, trade secret or intellectual property right used without proper authorisation,
  • material that is obscene, defamatory, constitutes an illegal threat, results in civil liability, violates export control laws or otherwise breaches any relevant laws, regulations or code of practice, gaining unauthorised access to other computer systems or interfering with any other person’s use or enjoyment of the Site.

If we have any reason to believe that there is likely to be a breach of security or misuse of the Site, or a breach of these terms, we may suspend your use of the Site

Viruses, Hacking and Other Offences

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching the provision immediately above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, trojan, worm, logic bomb or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Internet Watch Foundation

We subscribe to and abide by advice given by the independent industry body The Internet Watch Foundation (“IWF”) in relation to content of the Internet. For further information regarding IWF and its policy, please refer to https://www.iwf.org.uk/.

Changes

We aim to update our Site regularly and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely.

Links From the Site

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Links do not imply that Digital Space or the Site sponsors, endorse or are associated with, or are legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site or page is authorised to use any trademark, trade name, logo or copyright symbol of the Digital Space or any of its subsidiaries.

Transactions Concluded through the Site

Contracts for the supply of the services referred to in the Site are governed by our terms and conditions of supply, which will be provided to you in the event that we (or our subsidiaries) intend to provide services to you.

ServiceHub

ServiceHub is accessible at https://portal.digitalspace.co.uk

This section tells you the terms of use on which you may make use of ServiceHub. Please read these terms of use carefully before you start to use the site. By using ServiceHub, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using ServiceHub.

Use of ServiceHub

Each time you log on to ServiceHub you will need to supply your email address and the password (the “Customer Log-in Details”) provided when you registered.

Once you have logged on, we will assume that we are dealing with you and that you have agreed to us disclosing information or acting on your instructions without obtaining further confirmation from you. You are responsible for ensuring that your instructions are correct. We may call you to confirm instructions and you will be responsible for ensuring your contact details in ServiceHub are correct and any changes to these are promptly made in ServiceHub.

Usage Control

You have the sole responsibility for putting in place and maintaining the controls that you require around the ability of persons to log into the ServiceHub Account. You have responsibility for ensuring that the Customer Log-in Details are restricted and protected appropriately and for all actions taken with the Customer Log-in Details.

You have the ability to change passwords upon logging in to the ServiceHub Account and we recommend that this is done at regular and frequent intervals.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

Availability of ServiceHub

We will use reasonable endeavours to ensure that ServiceHub is available 24 hours a day. However we do not guarantee the availability of ServiceHub and will not be liable if, for any reason, ServiceHub is unavailable at any time or for any period. We reserve the right to withdraw ServiceHub.

We will use reasonable endeavours to provide the Customer with advance notice before making any material change.

In the event of unavailability of ServiceHub, invoices and other items usually available on ServiceHub may be obtained from us upon request.

We have the right to discontinue or suspend ServiceHub in respect of any one or more of the Customer’s accounts where you have:

  • set up more than one account for the same supply;
  • not used an account for longer than 12 months or;
  • supplied us with an invalid email address as part of the registration process.

We may at our sole discretion restrict your access to ServiceHub without prior notice if we consider that you are abusing ServiceHub or are otherwise acting in breach of the Terms of Use or this Agreement.

Where possible we will contact you by email when we discontinue your access to ServiceHub. Your supply will not be affected. If we discontinue or suspend the Service to you and you would like it to be re-opened, please contact Customer Services who will be pleased to assist you with this.

AWS Management Portal (AAMP)

AAMP is accessible at: https://aamp.digitalspace.co.uk

This section tells you the terms of use on which you may make use of AAMP. Please read these terms of use carefully before you start to use the site. By using AAMP, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using AAMP.

The terms of this Agreement will apply notwithstanding any terms attached to any purchase order or otherwise provided to Digital Space by a Client.

If there is any conflict between the Digital Space Terms and/or the Framework Terms, the Framework Terms will take precedence over the Digital Space Terms.

Definitions

Amazon Web Services (AWS) is a set of cloud hosting services provided by a subsidiary of Amazon.com.

Framework Terms are the terms of the Geant IaaS framework, which can be found at this URL: https://clouds.geant.org/amazon-web-services/. This framework agreement applies now to all non-UK usage of the portal and will apply to all UK usage from 15th August 2018 onwards;

Use of AAMP

You are responsible for maintaining the accuracy of data within AAMP

The AAMP service is provided to clients free of charge. While we endeavour to provide accurate and timely cost and usage information via the service, we note that there are several factors that can cause variances between the amounts shown in the portal and the amounts that clients are required to pay on invoices. For the avoidance of doubt, the client must pay the invoice amount, regardless of any variances between it and the amount shown on the portal. The factors that can cause such variances include but are not limited to the following: educational discounts; exchange rate fluctuations; AWS Marketplace charges, AWS Reserved Instance upfront charges, AWS Support charges, errors in data imports and changes by AWS in the format of its billing data.

Usage Control

You have the sole responsibility for putting in place and maintaining the controls that you require around the ability of persons to log into the AAMP Account. You have responsibility for ensuring that the Customer Log-in Details are restricted and protected appropriately and for all actions taken with the Customer Log-in Details.

Availability of AAMP

We will use our reasonable endeavours to ensure that the AAMP is available 24 hours a day. However, we do not guarantee the availability of the AAMP and will not be liable if, for any reason, the AAMP is unavailable at any time or for any period.

Further, we do not accept any liability for costs incurred as a result of any failure of the AAMP Service including but not limited to lack of availability, inaccuracies in reporting and failure to generate alerts.

However, we will use reasonable endeavours to provide the Customer with advance notice before making any material change.

In the event of unavailability of AAMP, invoices and other items usually available on AAMP may be obtained from us upon request.

We have the right to discontinue or suspend AAMP in respect of any one or more of the Customer’s accounts where you have:

  • set up more than one account for the same supply,
  • not used an account for longer than 12 months or
  • supplied us with an invalid email address as part of the registration process.

We may at our sole discretion restrict your access to AAMP without prior notice if it considers that you are abusing AAMP or are otherwise acting in breach of the Terms of Use or this Agreement.

Where possible we will contact you by email when we discontinue your access to AAMP. Your supply will not be affected. If we discontinue or suspend the Service to you and you would like it to be re-opened, please contact Customer Services who will be pleased to assist you with this.

Confidentiality

Digital Space warrants that it will only access the Clients’ AWS account, excluding actions related for non-payment of invoices, for the following purposes:

  • Configuration of the billing management IAM (Identity and Access Management) Role.
  • Creation of user accounts requested by the Client

Nothing in this clause shall prevent Digital Space from including the name of the Client in its publicity materials or referencing the Client’s use of the AAMP service.

GENERAL

Privacy Policy

We process information about you in accordance with our Privacy Policy which is available to view via the relevant links on the Site. By using the Site, ServiceHub, or AAMP, you consent to such processing and you warrant that all data provided by you is accurate.

Intellectual Property

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

You may print off one copy, and may download extracts, of any page(s) from the Site, ServiceHub or AAMP for your personal reference and you may draw the attention of others within your organisation to material posted.

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

Our status (and that of any identified contributors) as the authors of material on the Site, ServiceHub and AAMP must always be acknowledged.

You must not use any part of the materials on the Site, ServiceHub or AAMP for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Site, ServiceHub or AAMP in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Cookies

In order to provide you with the Site, ServiceHub and AAMP, we will use cookies. More information about what cookies are, how we use them and how we use the information gathered can be found in our Cookie Policy (see the Digital Space Privacy Policy).

International Users

The Site, ServiceHub and AAMP are not directed at any person in any jurisdiction where for any reason the publication or availability of the sites is prohibited. Those in respect of whom such prohibitions apply must not access the Site, ServiceHub or AAMP. We do not represent that any of the materials or information at the Site are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Site, ServiceHub or AAMP do so by their own initiative and are responsible for compliance with applicable laws and regulations. Legal advice should be sought in cases of doubt.

Limitation on Liability

We cannot guarantee that your use of the Site, ServiceHub or AAMP will not cause damage to your computer. It is your responsibility to ensure that the right equipment is used for access and to screen out anything that might damage it. We shall not be liable to any person for any loss or damage that may occur in relation to computer or other equipment as a result of using the Site, ServiceHub or AAMP.

We shall not be liable for any telephone or other costs that you may incur in accessing the Site, ServiceHub or AAMP.

Although we aim to offer you the best possible service, and make every effort to ensure that the Site, ServiceHub and AAMP is free from viruses or defects, we cannot guarantee that they will always meet your requirements or be fault free.

We cannot guarantee a continuous, uninterrupted Internet presence especially where maintenance, repairs, modifications or upgrades have to be carried out, or in circumstances beyond our control.

The material displayed on the Site, ServiceHub or AAMP is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site, ServiceHub or AAMP or in connection with the use, inability to use, or results of the use the Site, ServiceHub or AAMP, any websites linked to them and any materials posted on them, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Jurisdiction and Applicable Law

The English courts will have the exclusive jurisdiction over any claim arising from, or related to, a visit to the Site, ServiceHub or AAMP, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use 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 made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.