Datum Datacentres website terms of use

1. 1.1 www.datum.co.uk is a site operated by Datum. You may access most areas of this Website without registering your details with us.
2. 1.2 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 not use our site and leave this Website immediately. These terms of use refer to the following additional terms, which also apply to your use of our site:
   • Our Privacy Policy, which sets out how we handle personal data.
   • Our Cookie Policy, which sets out information about the cookies on our site.
   • Our Acceptable Use Policy, which sets out information about how our clients may use our data centres.
   • Our Business Terms which apply to the provision of our services to you.
3. 1.3Datum 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 Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website. We many update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities.

1. 2.1 We are the owner or the licensee of all intellectual property rights in our Website, 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 are permitted to access documents located at www.datum.co.uk. You are permitted to print and download extracts from this Website for your internal use on the following basis:
   • no documents or related graphics on this Website are modified in any way;
   • no graphics on this Website are used separately from accompanying text;
2. 2.2 Datum’s copyright and trade mark notices and this permission notice appear in all copies. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
3. 2.3 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(i) 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.
4. 2.4 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.
5. 2.5 Any rights not expressly granted in these terms are reserved.
6. 2.6 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

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7. 2.7 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

1. 3.1 Our Website is made available free of charge. We do not guarantee that our Website or any content on it, will always be available or be uninterrupted. 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.
2. 3.2 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, Datum reserves the right to undertake maintenance work outside such hours.
3. 3.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
4. 3.4 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
5. 3.5 Our Website is only for users in the UK. Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
6. 3.6 You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. 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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7. 3.7 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@datum.co.uk.
8. 3.8 Do not rely on information on this Website. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
9. 3.9 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

1. 4.1 You consent to the collection, processing and storage by Datum of your personal information in accordance with the terms of Datum’s Privacy Policy 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. Some of our web pages utilise “cookies” and other tracking technologies. For more information about the cookies we use please see our Cookie Policy.
2. 4.2 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.
3. 4.3 If you are using our data centres then you consent to the terms of the Acceptable Use Policy.

1. 5.1 Links to third party websites on this Website are provided solely for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. 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.
2. 5.2 If you would like to link to this Website, you may only do so if is fair and legal and does not damage our reputation or take advantage of it. You may only link this Website on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
   • you do not remove, distort or otherwise alter the size or appearance of the Datum logo;
   • you do not create a frame or any other browser or border environment around this Website;
   • you do not in any way imply that Datum is endorsing any products or services other than its own;
   • you do not misrepresent your relationship with Datum nor present any other false information about Datum;
   • you do not otherwise use any Datum trademarks displayed on this Website without express written permission from Datum;
   • you do not link from a website that is not owned by you;
   • 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;
   • you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
   • Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
3. 5.3 Datum expressly reserves the right to revoke without notice the right granted in paragraph 5.2. It also reserves the right to take any action it deems appropriate in case of breach of the terms in paragraph 5.2.
4. 5.4 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.
5. 5.5 If you wish to link to or make any use of content on our Website other than that set out above, please info@datum.co.uk.

1. 6.1 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.
2. 6.2 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.

1. 7.1 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.
2. 7.2 Nothing in this legal notice shall exclude or limit Datum’s liability for:
   • death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
   • fraud; or
   • fraudulent misrepresentation; or
   • any liability which cannot be excluded or limited under applicable law.
3. 7.3 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.
4. 7.4 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of our services to you, which will be set out in our Business Terms.
5. 7.5 We are not responsible for viruses and you must not introduce them. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
6. 7.6 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, 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 our site will cease immediately.

1. 8.1 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.
2. 8.2 If you have any comments, questions or suggestions, please contact us at info@datum.co.uk.

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

Issue Date: February 2024