Terms and Conditions

Hostwey is a provider of Internet related services such as virtual private servers (VPS) , dedicated servers, and IP transit services, and the Client may from time to time require such services.

This Agreement sets out the terms which have been agreed between Hostwey and the Client for the provision of such Internet services and shall be supplemented from time to time by Schedules setting out specific details of such services requested by the Client.

In this Agreement, unless the context requires otherwise, the following words shall have the following meanings:

“Abuse Complaint” is a complaint, either by Hostwey or a third party, about the Client’s use of the Services;

“Bandwidth” is the data transferred by the Client using the Services to other equipment on the Internet. For the avoidance of doubt, this includes transfer of data between the Services and other equipment hosted by Hostwey

“Control Panel” is the online portal that the Client may access at https://cp.Hostwey.co.uk or another address advised to the Client by Hostwey from time to time;

“Engineer” is defined as a Hostwey member of staff with competence in repairing or replacing the Hardware;

“Hardware” means the servers, firewalls, equipment, cabling and systems provided by Hostwey in connection with the Services;

“IP” means Internet Protocol;

“IPRs” means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
“Latency” is defined as the mean time for a packet to be transmitted between two points in the Hostwey Network;

“Network Availability” is defined as the percentage of time the Hostwey Network is contactable over a calendar month;

“Network Unavailable Time” is when a portion or the entirety of the Hostwey Network is unavailable, and this affects the provision of the Services to the Client. Network Unavailable Time excludes Scheduled Maintenance, and those situations defined in the “Exclusions” section of the Network Service Level Agreement;

“Notified Maintenance” means essential maintenance to be carried out by Hostwey in relation to the Services, Hardware and/or Software, which has been notified to the Client;

“Packet Loss” is the number of packets, as a percentage, that do not reach their destination within the Zing::VPS Network;

“Power Availability” is defined as the percentage of time the power is available over a calendar month;
“Quality” refers to two metrics, Latency of the Hostwey Network and Packet Loss within the Hostwey Network;

“Hostwey” refers to Hostwey’s routers, switches, cabling and other network equipment located in the UK and US responsible for connecting servers hosted by Hostwey to the outside world;
“Response Time” is defined as the time from the Client making a Support Call to an Engineer commencing work on the Services;

“Schedule” means the schedules and/or Internet/telephone orders to this Agreement from time to time, describing the Internet related services requested by the Client including without limit details of the requested Bandwidth, Hardware and Software;

”Scheduled Maintenance” is defined as maintenance necessary for the continued provision of service, including but not limited to network upgrades and security updates;
“Services” means the Internet related services described in any Schedule made hereunder and which are supplied or to be supplied by Hostwey on and subject to the terms of this Agreement and any schedules made hereunder;

“SLA” means service level agreement;

“Software” means the computer software provided by Hostwey  in connection with the Services;
“Support Call” is defined as a telephone call by the Client to Hostwey’s telephone number, published on Hostwey.co.uk;