Important Legal Notice

ATTENTION: This legal notice applies to the entire contents of this website under the domain name datum.co.uk (Website) (including access to and use of the client login at datum.co.uk) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Datum Datacentres Limited (Datum).

1. Introduction

i. You may access most areas of this Website without registering your details with us.

ii. By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

iii. Datum may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. Licence and intellectual property rights

i. You are permited to access documents located at datum.co.uk. You are permitted to print and download extracts from this Website for your internal use on the following basis:

ii. no documents or related graphics on this Website are modified in any way;

iii. no graphics on this Website are used separately from accompanying text; and

iv. Datum’s copyright and trade mark notices and this permission notice appear in all copies.

v. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation images, text, programs or other materials) are owned by Datum or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

vi. Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Datum’s prior written permission.

vii. Any rights not expressly granted in these terms are reserved.

viii. The names, logos, and trademarks identifying Datum’s products and services are proprietary marks of Datum Datacentres Limited or its related companies. All other trademarks and service marks are the property of their respective owners.

3. Service access

i. While Datum endeavours to ensure that this Website is normally available 24 hours a day, Datum shall not be liable if for any reason this Website is unavailable at any time or for any period.

ii. Datum may suspend, modify or discontinue the Client Login (datum.co.uk) at any time without liability. Datum may terminate the Client’s access without cause on 7 days prior notice by publishing such notice on its Website. The standard availability hours of Client Login are 9 a.m. and 6 p.m. (Monday to Friday (excluding bank holidays)). Whilst this Website is also available outside these hours, Attenda reserves the right to undertake maintenance work outside such hours.

4. Client information and conduct

i. You consent to the collection, processing and storage by Datum of your personal information in accordance with the terms of Datum’s Privacy Policy, which is available at the footer section of our website www.datum.co.uk. You agree to comply with all applicable laws and regulations, and the terms of Datum’s Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with this Website.

ii. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Datum shall have no obligations with respect to such material. Datum and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

iii. You consent to the terms of the Acceptable Use Policy, which is available at the footer section of our website www.datum.co.uk.

5. Links to and from other websites

i. Links to third party websites on this Website are provided solely for your convenience. If you select any of these links, you will leave this Website. Datum has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content suitability or availability. Datum therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

ii. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

i. you do not remove, distort or otherwise alter the size or appearance of the Datum logo;

ii. you do not create a frame or any other browser or border environment around this Website;

iii. you do not in any way imply that Datum is endorsing any products or services other than its own;

iv. you do not misrepresent your relationship with Datum nor present any other false information about Datum;

v. you do not otherwise use any Datum trademarks displayed on this Website without express written permission from Datum;

vi. you do not link from a website that is not owned by you; and

vii. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

iii. Datum expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.

iv. You shall fully indemnify Datum for any loss or damage suffered by Datum or any of its group companies for breach of paragraph 5.2.

6. Security

i. You will be provided with User IDs and passwords to be used for access to www.datum.co.uk. You must notify Datum promptly in the event of any security issue at your premises (for example, the dismissal or resignation of employees with access). As soon as possible following such notification Datum will remove the access rights of those concerned. Datum reserves the right to restrict access in the event of any threat to the security of the site.

7. Disclaimer

i. While Datum endeavours to ensure that the information on this Website is correct, Datum does not warrant the accuracy and completeness of the material on this Website. Datum may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Datum makes no commitment to update such material regularly, or at all.

ii. The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Datum provides you with this Website on the basis that Datum excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

8. Liability

i. Datum, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Datum’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

ii. Nothing in this legal notice shall exclude or limit Datum’s liability for:

i. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

ii. fraud; or

iii. fraudulent misrepresentation; or

iv. any liability which cannot be excluded or limited under applicable law.

iii. If your use of material on this Website results in any damage to, or the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. Governing law and jurisdiction

i. This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: July 2012

If you have any comments, questions or suggestions, please contact the website owner.

WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR OWN REFERENCE PURPOSES.