Volta Customer Portal – Terms Of Use
1. Definitions
In these terms of use:
Authorised User |
means persons who have been provided with a login by the Customer for the purposes of accessing the Portal on its behalf |
Customer |
means the company or person who has entered in to a contract under which they receive certain services from Volta |
Customer Materials |
has the meaning given to that term at clause 12 |
Portal |
means the customer portal available at www.voltadatacentres.com/portal |
Portal Security Measures |
has the meaning given to that term at clause 8 |
Portal Transaction |
has the meaning given to that term at clause 3 |
Service Agreements |
means the contract(s) in place between the Customer and Volta under which Volta provides services to the Customer |
Volta |
means Volta Data Centre Limited and its assigns and successors |
We |
means Volta |
You |
means any person who uses or accesses (or attempts to use or access) the Portal and, where that person is acting as an Authorised User or on behalf of a Customer or an Authorised User, the relevant Customer |
2. Terms of Portal use
These terms of use (together with the other applicable terms set out at clause 3 below) set out the terms on which you and any Authorised User may make use of the Portal. Use of the Portal includes (but is not limited to) accessing, browsing, or registering to use the Portal and making any requests or sending any communications via the Portal.
The Portal is only intended for use by current Customers of Volta and their Authorised Users. If you are not a Customer or an Authorised User, you must not use or access (or attempt to use or access) the Portal.
Please read these terms of use carefully before you start to use the Portal, as these will apply to your use of the Portal.
By using the Portal, you confirm that you are a Customer or an Authorised User and that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not continue to use or access the Portal.
3. Other Applicable Terms
In addition to these terms of use, the following also apply to and govern your use of the Portal:
• The Service Agreements (including, without limitation, where any orders or requests are made of Volta by the Customer using the Portal); and
• Our Privacy Policy set out at http://www.voltadatacentres.com/PrivacyPolicy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Portal, you consent to such processing and you warrant that all data provided by you is accurate.
4. Information about us
The Portal is operated by Volta. We are a limited company registered in England and Wales under company number 07662852 and have our registered office at 36-43 Great Sutton Street, London EC1V 0AB.
5. Changes to these terms
We may revise these terms of use at any time by amending the terms made available on the Portal from time to time. You should check the terms made available on the Portal from time to time as any changes made will be binding on you.
6. Changes to the Portal
We may update the Portal from time to time, and may change the content or functionality made available at the Portal at any time.
We do not guarantee that the Portal, or any content on it, will be free from errors or omissions.
7. Accessing the Portal
The Portal is made available free of charge at the present time.
We do not guarantee that the Portal, or any content or functionality made available on it, will always be available or be uninterrupted. Access to the Portal is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Portal without notice. We will not, subject to clause 14 of these terms of use, be liable to you (whether under contract, tort (including negligence), statute or otherwise) if for any reason the Portal is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Portal including, without limitation, paying for and obtaining any internet or connectivity services which you need to access the Portal.
8. Ordering products and services and communicating with Volta
Volta may from time to time permit you to use the Portal to:
• place orders for additional services using the Portal (whether such services are referred to in these terms of use or not);
• communicate with Volta; and
• make requests of Volta in relation to services being provided by Volta to the Customer, (each a Portal Transaction).
Each Portal Transaction shall be governed by the terms of any relevant Service Agreement, these terms of use and, where applicable, any special terms which you are expressly made aware of at the time of conducting the Portal Transaction.
If you are an Authorised User (and not the Customer), you confirm that you have the authority needed to bind the Customer (and, for the avoidance of doubt, are acting as the Customer’s agent) in respect of each and every Portal Transaction that you make on its behalf.
9. Notices
The notice provisions in the Service Agreements shall apply to the service of notices under those agreements and you agree that you may not serve notices pursuant to those Service Agreements using the Portal unless expressly permitted in this clause 9 or the terms of those Service Agreements. Without prejudice to the generality of the foregoing, and without limitation, you agree that notices to terminate a Service Agreement may not be served using the Portal.
The following notices may be served using the Portal:
• Cross Connect Notices (meaning notices served by the Customer on Volta requesting that Volta installs a cross connect on behalf of the Customer, as more particularly described in the Service Agreements); and
• Cross Connect disconnection requests (meaning notices requiring Volta to remove a cross connect, as more particularly described in the Service Agreements).
10. Security measures
Volta may, from time to time, provide you with login details to access the Portal and/or advise you of certain procedures which must be followed in order to access the Portal ( the Portal Security Measures).
You agree that you will keep the Portal Security Measures secret and not share the Portal Security Measures with any unauthorised party (which, for these purposes, shall include any Authorised User other than the one to which the Portal Security Measures relate to).
You also agree to take all reasonable precautions to prevent unauthorised access to or use of the Portal Security Measures.
11. Acceptable Use
You may use the Portal only for lawful purposes. You may not use the Portal:
• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To send any electronic communications which are unlawful, defamatory or threatening, or constitute harassment;
• To upload, post, reproduce or distribute any information, software or other material protected by copyright, any other intellectual property right or which constitutes a breach of the laws pertaining to privacy and confidential information;
• To communicate with other customers and/or staff of Volta with a view to soliciting those customers and/or staff or to send any marketing materials to the same;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt:
• any part of the Portal;
• any equipment or network on which the Portal is stored;
• any software used in the provision of the Portal; or
• any equipment or network or software owned or used by any third party.
12. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Portal, 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 must not:
• reproduce, transmit or store any part of the Portal other than to the extent reasonably necessary to access the same using a web browser; or
• amend, republish, distribute, reproduce, adapt or modify any of the materials made available on the Portal by Volta or use any of the materials for public performance or otherwise make commercial use of the same.
You must not use any part of the content on the Portal for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download or otherwise use any part of the Portal in breach of these terms of use, your right to use the Portal will cease immediately (and without further notice) and you must return or destroy any copies of the materials you have made promptly.
Where you provide any information or upload any data or documents on to the Portal (Customer Materials), you grant Volta an irrevocable licence to copy, store, record, transmit, maintain, view, print or otherwise use such Customer Materials for the purpose of providing services to you.
You are not permitted to use any of Volta’s trademarks (unless we have separately provided you with an express written licence to do the same).
13. No reliance on information
The content on the Portal 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 the Portal.
Although we make reasonable efforts to update the information on the Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on the Portal is accurate, complete or up-to-date.
14. Limitation of our liability
Nothing in these terms of use (including the remaining provisions of this clause 14) excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
The Portal is made available to you on an ‘as is’ basis and, to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Portal or any content on it, whether express or implied.
We will not be liable to you for any loss or damage, whether under contract, tort (including negligence), statute, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, the Portal; or
• use of or reliance on any content displayed on the Portal.
In addition, we shall not be liable to you for any indirect or consequential loss or damage or for any of the following types of loss (in each case, whether direct, indirect or consequential):
• loss of data
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings; or
• loss of business opportunity, goodwill or reputation.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Portal. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Notwithstanding any other term of these terms of use, the limitations and exclusions of liability set out in the Service Agreements will apply to any services provided to you by Volta and the performance of both parties’ obligations set out.
15. Uploading content to the Portal
Whenever you make use of a feature that allows you to upload content to the Portal, you warrant that any such upload:
• complies with these terms of use; and
• does not infringe the rights (including, without limitation, the intellectual property rights) of any third party.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Portal constitutes a violation or infringement of their intellectual property rights, moral rights or of their right to privacy, or breaches any confidence that you owe to them.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Portal.
16. Customer indemnity
You agree to indemnify, defend and hold Volta harmless from and against any and all losses arising out of or in connection with a claim brought by any third party against Volta (or its contractors, subcontractors, employees or agents) which arises as a result of: (i) any breach of these terms of use (including, without limitation, any breach of the warranty given below at clause 14); or (ii) any unlawful or negligent act or omission by you.
17. Viruses and unauthorised access
We do not guarantee that the Portal will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Portal. You should use your own virus protection software.
You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal 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 the Portal will cease immediately.
18. Linking to the Portal
You must not establish a link to the Portal on any website without our prior written consent.
The Portal must not be framed on any other website (whether such website is available internally or to members of the public) without our prior written consent.
19. Third party links and resources in the Portal
Where the Portal 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.
20. Applicable law
These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We and you both agree to the exclusive jurisdiction of the courts of England and Wales.