Terms of Service

Definitions

In these terms, the following expressions have the meanings given below.

• DSH LIMITED means the company at 24 Felstead Road, Waltham Cross - EN8 7HB, United Kingdom (GB), also referred to as we or us.
• Client means the person or organisation that enters into a tenancy for a service, also referred to as you.
• Floor means the hosting space operated by DSH LIMITED in Waltham Cross where hardware is installed.
• Machine means a physical server, storage unit, network device or other hardware installed under a tenancy.
• Suite means a private half rack or full rack enclosure let to a client.
• Task sheet means the written list of physical tasks supplied before a remote hands window.
• Schedule means the written document setting out the specification, circuits, addressing, fees and handover date for a tenancy.
• Service notice means a communication about the operation of a live tenancy.

A reference to a business day means a day other than Saturday, Sunday or a public holiday in England. A reference to writing includes email sent to or from the addresses recorded in the schedule.

Formation of the agreement

An agreement begins when we confirm a schedule in writing and you accept it, either by signature, by written acceptance in an email or by paying the first invoice. No service is supplied on the basis of a verbal discussion alone, because a machine cannot be racked without a written specification.

Our website describes services in general terms. A description on the website is an invitation to discuss a tenancy, not a binding offer. The binding document is the schedule, read together with these terms and any signed master agreement.

If a schedule is issued and the client does not accept it within thirty days, we may withdraw it. Hardware availability and floor capacity change quickly, so a schedule that is stale may need to be reissued with a new date.

These terms apply from the date of acceptance and continue until the tenancy ends in accordance with the termination clause.

Eligibility and account details

Our services are supplied to businesses, professional users and organisations. By entering an agreement, you confirm that you have authority to bind the organisation named in the schedule and that the information you give us is accurate.

You must keep your contact details current, including the technical contact, the billing contact and the address used for notices. If a contact leaves your organisation, tell us promptly so that notices reach the right person. We are entitled to rely on the details last confirmed in writing.

We may ask for reasonable evidence of identity or ownership before accepting a tenancy, particularly where a suite is involved or where hardware is to be shipped to the floor. This is a security measure for every client on the floor, not a comment on any individual.

Dedicated server leases

A dedicated server lease gives the client exclusive use of a physical machine for the term stated in the schedule. The machine is not shared with another tenant, and no other client is granted access to it during the lease.

The specification is fixed at the point of racking. Processors, memory, disk layout and network ports are recorded on the schedule. If the client requests a change during the term, we will assess whether the machine can accommodate it, quote for any parts or labour required and issue a revised schedule where appropriate.

The client is responsible for the operating system, applications and data on the machine. We supply the hardware, the power, the network handoff and the physical support described in the schedule. Unless a separate management service is agreed in writing, we do not administer the operating system or install software on the client behalf.

The machine remains the property of DSH LIMITED or of a finance provider acting with us, unless a sale is expressly recorded in the schedule. The client has no right to remove the machine from the floor except as part of an agreed decommissioning process.

Where a lease includes a refresh point, we will contact the client before that date to discuss whether the unit should be replaced or continued. A refresh is not automatic. It depends on the condition of the hardware and on the requirements of the workload.

Private rack suites

A suite is let as a locked enclosure inside the cold aisle. The client is granted exclusive use of the interior, subject to the floor rules that protect airflow, access and safety.

We agree a cable plan before the first unit is mounted. The plan records power circuits, uplink positions and the patch loom entries. Changes to the plan are recorded on the ticket that authorised them so that a later engineer can understand the layout without dismantling it.

The client may install equipment inside the suite during a booked window, provided that the equipment is declared in advance, fits the available space and does not exceed the agreed power draw. We may refuse an installation that would overload a circuit, block the aisle or create a hazard.

Spare bay positions inside a suite are reserved for the client own use and may not be sublet to a third party without our written consent. Subletting a portion of a suite is treated as a new tenancy and requires a separate schedule.

When the tenancy ends, the client must remove all equipment from the suite within the agreed decommissioning window. Equipment left behind may be stored at the client cost and, after a reasonable period and written notice, disposed of in a documented manner.

Remote hands windows

A remote hands window assigns an engineer to the client rack for a booked period, normally between one and four hours. The window is booked against the rack and the task sheet supplied in advance.

The engineer works within the task sheet. If a task cannot be completed, or if the engineer discovers a condition that changes the nature of the job, the engineer will report it rather than improvise. Any additional work requires a new instruction from an authorised contact.

Windows cover physical tasks at the rack: cable work, drive caddies, console connections, visual inspection, photography of labels and similar activity. They do not include application support, operating system administration or debugging inside the client stack unless a separate written service is in place.

If a client cancels a booked window with less than four hours notice, we may charge for the reserved time. This reflects the fact that an engineer has been held and may have travelled to the floor.

The engineer records what took place in the ticket. The record is the shared account of the visit and is the basis for any follow up work.

Hardware swap visits

A swap visit replaces a failed component with a replacement supplied by the client or, where available, drawn from spare crates held on site. The visit is linked to an open ticket so that the history of the machine is preserved.

The replacement part must match the specification required by the machine. We are not obliged to install a part that is incompatible, that has been damaged in transit or that presents a safety risk. Where a part is unsuitable, we will report the condition and hold the kit pending a new instruction.

The failed part is returned to the client or disposed of in accordance with a written instruction. We do not retain failed client hardware as property. A holding period of thirty days applies to parts awaiting return, after which storage charges may apply.

Spare parts held on site remain the property of DSH LIMITED or of the client that supplied them. A spare is released only against a ticket that authorises its use.

Swap visits do not include data recovery. If a failed drive holds data that the client needs, the drive is returned as it is and the recovery work is a matter for the client.

Address assignments

We assign internet protocol addresses for use with a tenancy. The addresses are licensed, not sold, and they remain under our administration for the duration of the agreement.

The client must use the addresses only for the equipment covered by the schedule and must not onward assign them to a third party without written consent. Reverse records are maintained by us and may be updated on request.

We keep a justification note for each allocation. The client agrees to provide accurate information when requesting additional addresses, because address space is a shared resource and must be documented honestly.

When a machine is retired or moved, the client must tell us so that the address can be reclaimed or reassigned. Addresses are not transferred automatically to a new machine.

We may withdraw an address where its use breaches these terms, where a request from a registry or authority requires it, or where a security incident makes continued use unsafe. Where withdrawal is required, we will give as much notice as the circumstances permit.

Bandwidth plans

A bandwidth plan combines a committed rate with a burst ceiling. The plan is attached to the lease or the suite that carries the uplink, and the figures are recorded in the schedule.

The client may use the connection up to the burst ceiling, subject to fair use and to the absence of a pattern that degrades service for others on the floor. Sustained use above the committed rate is reviewed with the client rather than handled by surprise charges.

If traffic patterns change materially, we will discuss whether a different committed rate is appropriate. A plan change takes effect from the date recorded in the revised schedule.

The client is responsible for securing its own machines and for preventing abuse, including the sending of unsolicited bulk email and the use of the connection to attack other systems. We may suspend a link where there is an immediate risk to the floor, and we will tell the client as soon as it is safe to do so.

Client obligations

The client agrees to the following obligations.

• To provide accurate information about the workload, the equipment and the contacts authorised to give instructions.
• To keep the equipment secure and to apply security updates to the operating system and applications under the client control.
• To comply with the floor rules, including clear aisle space, labelled cables and advance notice of installations.
• To pay invoices in accordance with the fees clause.
• To tell us promptly about a fault, a security incident or a change that affects the tenancy.
• To remove equipment at the end of the tenancy within the agreed decommissioning window.
• To comply with the law that applies to the client activity and to any network policy we publish.

Failure to meet these obligations may lead to a suspension of service, additional charges or termination in accordance with the termination clause.

Prohibited use

The following activity is not permitted on our floor or over our network.

• Sending unsolicited bulk email or operating a service that is designed to conceal its origin.
• Hosting material that is unlawful, that infringes the rights of another person or that is distributed without the permission of the rights holder.
• Attacking, scanning or interfering with systems that the client does not own or have permission to test.
• Distributing malware, operating a botnet or providing command infrastructure for hostile activity.
• Interfering with the power, cooling or cabling of another client suite.
• Installing equipment that creates a fire, electrical or physical hazard.
• Reselling a service without a written agreement that permits it.

Where we reasonably believe that prohibited activity is taking place, we may suspend the affected service, preserve the relevant records and request an explanation. We will restore service once the issue is resolved or once a lawful instruction permits it.

Fees, invoicing and late payment

Fees are set out in the schedule and are quoted exclusive of value added tax unless the schedule states otherwise. Invoices are issued monthly in advance for recurring services and on completion for one-off work such as a swap visit.

Invoices are payable within fourteen days of the invoice date unless the schedule sets a different period. Payment is by bank transfer or by the payment method recorded on the account. We do not accept cash at the floor for a tenancy.

If an invoice remains unpaid after the due date, we may charge interest at the statutory rate applicable to late commercial payments, together with reasonable recovery costs. Before taking that step, we will contact the billing contact and give a chance to resolve the matter.

If an invoice remains unpaid for more than thirty days after a written reminder, we may suspend the service. Suspension does not release the client from the obligation to pay for the period of the tenancy.

Where a client disputes an invoice, the undisputed portion remains payable on time and the dispute should be raised in writing within ten business days so that it can be investigated.

Term, renewal and termination

A tenancy runs for the term stated in the schedule. Unless the schedule says otherwise, a tenancy renews for successive periods of the same length, subject to either party giving written notice of non renewal at least thirty days before the end of the current period.

Either party may terminate for material breach where the breach is not remedied within fifteen days of written notice. A breach involving unlawful activity, a risk to safety or non payment may be treated as incapable of remedy and may lead to immediate termination.

On termination, the client must pay all fees due up to the end date, remove equipment within the decommissioning window and settle any charges for storage or disposal. We will release the suite once the equipment is removed and the account is settled.

Clauses that by their nature survive termination, including those on confidentiality, liability, indemnity and governing law, continue to apply after the tenancy ends.

Access to the floor

Access to the floor is controlled. Visits are booked in advance and supervised by an engineer. A visitor must sign the visitor record and must be accompanied at all times.

The client may nominate authorised visitors in writing. We may refuse access to a person who cannot be verified, who appears to be under the influence of alcohol or drugs, or whose presence would create a risk to the equipment or to other people.

While on the floor, a visitor must follow safety instructions, must not touch another client suite and must not photograph equipment outside the client own area. We may ask a visitor to leave where these rules are not observed.

We may close the floor temporarily for maintenance, safety work or an emergency. Where a planned closure affects a booked visit, we will contact the client to reschedule.

Service levels and availability

We aim to keep power, cooling and network available at all times, but we do not promise uninterrupted service. The floor depends on upstream providers, on the building supply and on equipment that can fail. Where a service level is agreed, it is recorded in the schedule and replaces the general statement in this clause.

Planned maintenance is announced in advance through a service notice. Emergency maintenance may be carried out without notice where there is a risk to safety, to the building or to the equipment of other clients.

Hardware failures are handled through the swap visit service. The time to restore a machine depends on the availability of a matching part and on the cooperation of the client contact.

We do not provide a credit for an interruption caused by the client own equipment, software or configuration, by an upstream provider acting outside our control, or by an event described in the force majeure clause.

Limitation of liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded.

Subject to the previous paragraph, we are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of data, or any indirect or consequential loss arising from the service. The client is responsible for maintaining backups of data held on a machine.

Our total liability for a tenancy in any twelve month period is limited to the fees paid by the client for the affected service during the six months before the event giving rise to the claim, unless a different figure is stated in a signed schedule.

We are not liable for the acts or omissions of a third party, including an upstream network provider, a courier or a payment processor, except where the law requires otherwise.

The client is responsible for insuring its own equipment held on the floor. We do not insure client hardware and we do not accept liability for loss or damage beyond the limits set out in this clause.

Indemnity

The client agrees to indemnify DSH LIMITED against claims, losses and reasonable costs arising from the client use of a service in breach of these terms, from unlawful content stored on client equipment, or from an infringement of the rights of a third party caused by the client activity.

We will notify the client promptly of a claim that engages this indemnity and will allow the client to participate in the defence where it is reasonable to do so. We will not settle a claim in a way that admits fault on the client behalf without the client consent.

This indemnity does not apply to the extent that a claim arises from our own negligence or from a breach of these terms by us.

Intellectual property

The content of this website, including its text, layout and styling, is owned by DSH LIMITED or is used with permission. You may read, print and share the pages for the purpose of considering or administering a tenancy. You may not republish the content as your own or use it to build a competing site.

The client retains all rights in the software, data and content stored on client equipment. We claim no licence over that material and we do not access it except where a task sheet authorises a physical action, or where the law compels us to act.

Where the client supplies documentation, diagrams or specifications for a tenancy, the client grants us a limited licence to use that material for the purpose of delivering and supporting the service.

Confidentiality

Each party agrees to keep confidential the information of the other that is not in the public domain and that is disclosed in connection with a tenancy. This includes technical configurations, pricing, client contact details and the content of task sheets.

Confidential information may be disclosed to employees and contractors who need it to perform the service, provided they are bound by a duty of confidence. It may also be disclosed where the law requires it, where a court orders it or where disclosure is necessary to protect safety.

The duty of confidence continues for three years after the tenancy ends, and indefinitely for information that is a trade secret.

Data protection

Each party will comply with the data protection law that applies to it. For personal data stored on client equipment, the client is the controller and we act as a hosting provider. We process that data only on the client instructions, only to the extent needed to deliver the service, and we do not inspect it for our own purposes.

For personal data that we collect as a controller, such as contact and billing records, we handle it in accordance with our Privacy Policy. The policy explains the categories of data, the lawful bases, the retention periods and the rights available to individuals. A link to the policy is provided in the footer of this page.

Where a data breach affects client data, we will notify the client without undue delay after becoming aware of it, and we will provide the information needed for the client to meet its own obligations.

Force majeure

Neither party is liable for a failure to perform an obligation where the failure is caused by an event outside reasonable control. Such events include a prolonged failure of the public power supply, a fire, a flood, a severe storm, an epidemic, an act of terrorism, a civil disturbance, a strike, or a decision of a public authority that prevents performance.

The affected party must notify the other promptly and must take reasonable steps to reduce the impact. If the event continues for more than thirty days, either party may terminate the affected tenancy without further liability beyond the fees due for the period before the event.

Force majeure does not excuse a failure to pay an invoice for a service that has already been supplied.

Governing law and disputes

These terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction over a dispute arising from them, except that either party may seek relief in another jurisdiction where it is necessary to protect its rights or to enforce a judgment.

Before starting proceedings, the parties agree to attempt to resolve a dispute through discussion between senior representatives. A written notice of dispute should set out the facts, the outcome sought and the legal basis relied upon.

If the dispute is not resolved within thirty days of the notice, either party may proceed to court. Nothing in this clause prevents a party from seeking urgent relief to prevent harm.

Changes to these terms

We may update these terms from time to time to reflect changes in the service, in the law or in the way we operate the floor. The current version is published on this page with the date of the last update.

Where a change materially affects a live tenancy, we will give at least thirty days notice to the main contact. If the client objects to the change, the client may terminate the affected tenancy at the end of the notice period without a termination charge.

Continued use of a service after the effective date of an update is treated as acceptance of the updated terms.

Contact details

Questions about these terms, an invoice or a tenancy should be sent to the addresses below. Please include the tenancy reference so that the message can be routed quickly.

We aim to acknowledge a written question within two business days and to provide a substantive answer within ten business days. If a matter needs longer, we will explain the reason and give a target date for the final response.