Terms of Service

Last Modified 20/07/2022

Agreement Notes

These Terms of Services govern the provision of website hosting and associated services provided by Hydra Communications Ltd, a company registered in England, with its registered number 07780501 and its registered address at C/O Blenheim, 10 Fountain Court, Bradley Stoke, BS32 4LA.

Hydra Communications Ltd will be referred to within this document as ('PrimeNodes') and using first-person pronouns.

The Client will be referred to within this document as ('Customer'), ('Client'), ('User') and using second-person pronouns.

Your use of any website, network or services owned or operated by PrimeNodes, including without limitation www.primenodes.com (referred to as 'this site' or 'this website') signifies Your acceptance and compliance with these Terms of Service. PrimeNodes reserves the right to make changes to this site at any time. You warrant that You have read, understood and accepted the terms of this agreement before continuing use of services offered. PrimeNodes are not to be held at fault if You fail to read or comprehend the following contract made between You and PrimeNodes. This agreement applies to the use of the website and any service or server provided. You must comply with these terms when accessing our services via a computer, laptop, mobile device, tablet, watch or any other electrical device. You consent to resolve any dispute that You may have with PrimeNodes, our suppliers or the services offered, in the courts of England. If You are a consumer residing in one of the countries within the United Kingdom, You may bring Your claim in the country of Your residence – England, Scotland, Wales or Northern Ireland. The laws of England and Wale shall be applicable to this agreement and any disputes arising out of or in connection with it.

If You are a consumer, You have certain legal rights with respect to the purchase of Our services. For full details of Your legal rights and guidance on exercising them, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office. If the services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the services), You have the right to a reduction in price. If for any reason We are required to repeat the services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, the reduction may be any sum up to the full price and, in cases where You have already made payment(s) to Us, may result in a full or partial refund. Refunds in these cases will be made by any applicable balance being applied to Your PrimeNodes account balance. Any such refunds, where applicable, will be issued without undue delay (and in any event within fourteen (14) calendar days starting on the date on which We agree that You are entitled to the refund) and applied to Your PrimeNodes customer account unless You request an alternative method as agreed on a case by case basis and at the sold discretion of PrimeNodes. Nothing in these Terms seeks to exclude or limit Your legal rights as a consumer. The terms of this paragraph apply to consumer customers only and not to business customers.

1. Service Updates

1. We may, at Our sole discretion, alter, improve or otherwise modify Our services provided that any such change will not alter the services received by You to Your material disadvantage (which would include, but not limited to, the removal of certain features from hosting packages that We offer) except where the service is fully discontinued. In such cases, an alternative with similar service quality and price will be offered to You. You will be notified no later than fourteen (14) calendar days in advance of any planned changes and shall receive full details of any action required on Your part. You will not be subject to any additional charges during the billing period of a service for which You have already paid, or during the remaining duration of a custom service contract, resulting from a price increase, nor to any refunds resulting from a price decrease.
2. We may take any action necessary to diagnose and/or rectify faults in the hosting hardware without any prior notice to You. If such diagnoses or rectification results is expected to cause an interruption to the provision of the service(s), You will be notified in advance.
3. Periodically, PrimeNodes reserves the right to revise this Agreement and it is agreed by the Client that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. When a modification is made, it is agreed that the "Last Modified" date at the top of the document will be updated.
4. Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via submitting a service cancellation through the agreed method as defined in this agreement within thirty (30) days of the "last modified" date described above and submit a support ticket via this website to the "Account Support" department requesting for an account closer. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.

2. Our Responsibilities

1. PrimeNodes agrees to furnish services, which are paid for in advance, subject to complete compliance with these Terms of Service. PrimeNodes reserves the right to refuse Services to any potential Client and/or to deny renewal of any services to an existing Client, at the sole discretion of PrimeNodes.
2. To the fullest extent allowed by law, PrimeNodes provides all services "AS IS" and "AS AVAILABLE" basis, without any form of warranty, whether expressed or implied and disclaims all implied or expressed warranties that the services are merchantable, of satisfactory quality, accurate, fit for a purpose or need, or non-infringing. No verbal or written information given by a representative of PrimeNodes will be regarded as a warranty. If You are a consumer, We have an obligation to provide Our services with reasonable skill and care and in line with information supplied to You. We will use reasonable endeavours to ensure that Our services are provided to You on a constant, uninterrupted basis.
3. In cases that a service outage impacts more than ten customers, a service update will be displayed publicly within one hour of the incident being confirmed by a member of PrimeNodes staff. Following the event of downtime, reimbursements will be provided in accordance with Our SLA for the service purchased. Where the provision of the services is interrupted through the fault of any third party, We shall bear no responsibility or liability.
4. PrimeNodes, Our affiliates, and Our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary losses arising from Your use of, or inability to use, any services provided. These exclusions apply to any claims for lost profits, data loss, loss of goodwill, computer breakdown or malfunction, or any other business damages or losses, even if PrimeNodes knew or should have known of the possibility of such damages. Nothing in this agreement excludes Our liability for death or personal injury resulting from Our negligence or that of Our employees or agents. Nothing in this agreement excludes Our liability for fraud or fraudulent misrepresentation. If You are a consumer, We do not exclude Our liability for any loss resulting from Our failure to use reasonable skill and care, from Our gross negligence, or from Our wilful misconduct.
5. PrimeNodes is not to be held liable for backing up the Client's information or service data. If data loss occurs, the Customer will be entirely responsible for their data and no refunds will be issued if a loss of information does occur. The Customer agrees that failure to pay for their service, or breach of or non-compliance with these Terms and Conditions will result in a permanent service termination, resulting in their data being wiped irrevocably from the system causing full data-loss.
6. You shall fully indemnify Us against all costs, expenses, liabilities, losses, damages and judgements that We may incur or be subject to as a result of any of the following:
   1. Your misuse of the service;
   2. Your breach of these Terms and/or the Agreement;
   3. Your negligence or other act of default; and/or
   4. The activities of third parties conducted on or through Your services.

3. Payments, Invoices and Chargebacks

1. Fees for Our services are detailed on the services page for the corresponding offering and are confirmed to You in writing following Our acceptance of Your order and in any invoice that We issue to You. All fees payable to Us must be paid in full, without set-off or deduction. We reserve the right to suspend or terminate this agreement if fees are not paid on or before the due date, as further outlined in this Clause three (3).
2. Any invoice that has been generated and communicated to the Client is due for payment on or before the due date specified, and the Client understands that payment is to be made within five (5) days of this date. If an invoice is in relation to one (1) or more service(s), failure to make the payment on or before the due date will lead to the related service(s) being immediately suspended and will become inaccessible to the Client. Data stored on a Client's suspended service will not be available again until payment is made, or alternative arrangements are made to the sole satisfaction of PrimeNodes.
3. Services that are suspended due to non-payment are subject to their data being irrevocably destroyed seven (7) days from the suspension date. If payment is made for an invoice after the related service(s) have been terminated, any and all charges will be considered to be made towards removing account debt and will not entitle the Client to account credit or a renewal of a terminated service. We reserve the right to attempt payment capture up to ninety (90) days past the termination date to clear account debt where relevant. PrimeNodes is not responsible for data integrity, regardless of circumstance.
4. All services provided by PrimeNodes, excluding Administrative Fees, Remote Hands Fees, Hardware Purchases and Installation Services, are cyclic services with the subscription billing cycle configured on checkout. PrimeNodes will automatically invoice and attempt to capture the payment on the due date of the invoice. PrimeNodes will not issue any form of refund under any circumstance for subsequent payments after the original purchase under any circumstance. Domains can be automatically charged up to thirty-one (31) days before the due date of the domain to ensure renewal success.
5. If the listed price for a service is reduced due to an active promotion or high stock, existing services cannot be reduced in price or amended to match the promotion pricing amount. You cannot order a new service with the new price to replace an existing or similar specification server, and PrimeNodes reserves the right to suspend, terminate or place a charge on the Clients account of the difference in the event that You have attempted to do so. If a new service with a lower price is ordered, the Client will not cancel any existing services of the same kind within sixty (60) days; doing so will deem the order to be replacing an existing server.
6. Subject to Section 3, Clause 9, Section 4, Clause 8 and the consumer rights mentioned within this agreement, no services rendered by PrimeNodes are eligible for a refund through the Client's original payment method. Refund requests pertaining to services that have already been provisioned are handled on a case-by-case basis and awarded as account credit at the sole discretion of PrimeNodes. Prepayments and account credit are ineligible to be refunded, transferred to alternate accounts or transferred between any other subsidiary of Hydra Communications Ltd.
7. In the event that a transaction is subject to a dispute or charge-back raised through a financial institution, the Client agrees that an “Administrative Charge” invoice of two hundred (200) GBP will be issued to cover the cost of incident research and staff time required to respond to the case that will be due for payment within seven (7) days of the invoice generation date. If the related transaction has not been re-paid to PrimeNodes, the outstanding amount will be appended to the “Administrative Charge” invoice for balance recovery.
8. In the event that a colocation service renewal or de-racking invoice remains unpaid for longer than twenty-eight (28) calendar days past the due date specified, or a courier pickup is not scheduled within fourteen (14) calendar days of equipment re-racking, the title of any such hardware that You might have provided in connection with the service shall immediately vest in PrimeNodes and We reserve the right, at Our absolute and sole discretion, to sell, repurpose or discard of any such hardware after reasonable data erasure measures have been performed.
9. Consumer customers are offered a seventy-two (72) hour buffer on their first order to cover an accidental purchase. An “Account Support” ticket is required to be submitted through this website requesting that for order to be cancelled and refunded; if one is received, PrimeNodes will provide full refund to via Your original payment method within fourteen (14) calendar days from the date of the request, provided that no part of the service(s) ordered have been activated, accessed by the Client, or had the provisioning details communicated to the Client. This Clause supplements Section 4, Clause 8.
10. Business customers with an outstanding overdue invoice exceeding sixty (60) days will be subject to statutory interest on all amounts due to be charged at the rate of eight percent (8%) above the Bank of England's Official Borrowing Rate in addition to debt recovery charges being applied in compliance with the Late Payment of Commercial Debts (Interest) Act 1998 and Directive 2011/7/EU.
11. Consumer customers with an outstanding overdue invoice exceeding sixty (60) days will be subject to debt recovery measures initiated in compliance with the Pre-Action Protocol and Fair Trading Act 1973. In the case of continued non-payment, PrimeNodes reserves the right to advance the debt through the Small Claims Court. All information sharing and handling with Our legal agents, Freeths LLP and Thomas Higgins LTD Solicitors, will remain in compliance with Our Privacy Policy.
12. All prices listed in GBP within these terms of service and publicly listed on Our website are exclusive of UK VAT to be charged where applicable.

4. Cancellations and Early Terminations

1. We may terminate this agreement if We, in Our reasonable opinion, have concerns about Our customer's ability to pay, such as where a receiver is appointed, an administration order (within the context of the Insolvency Act 1986) is issued, a bankruptcy order is made (in case of an individual or a firm), a company goes into liquidation or similar actions.
2. The right to terminate this agreement shall not affect any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
3. Upon the termination of this agreement for any reason:
   1. We shall ensure the complete and secure removal of Your hosted data and all related material from the hosting hardware;
   2. Any sum owing by either party to the other under this agreement shall become due and payable immediately;
   3. All Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of this agreement shall remain in full force and effect;
   4. Termination shall not affect or prejudice any right to damages or other remedy; and
   5. Each party shall immediately cease to use any confidential information belonging to the other party, and shall immediately return to the other party any documents in its possession or control which contain or record any confidential information of the other party.
4. The Client is aware that cancelling a service or downgrading it does not entitle them to a refund under any condition or constitute a waiver of this contract.
5. The initial period of service provisionment shall commence on the date confirmed with Our acceptance of Your order and continue for the duration specified in Our acceptance of Your order. All subsequent period of service provision shall remain subject to these Terms (as may be changed by us) unless expressly stated otherwise. Cancellation requests must be created using the designated form section of this website (https://account.primenodes.com). Service cancellation requests made through a ticket, Discord, phone support or any other external communication sources are not a valid method of cancellation. The Customer is aware that once a cancellation request has been processed, all data contained on the service has been irrevocably removed and is no longer able to be retrieved.
6. Non-payment of a generated invoice that is linked to a service does not constitute a service cancellation under any circumstance; any invoice that has been generated will remain due from the Client in accordance with Section 3 of this agreement.
7. Services offered in connection with a custom service contract with a commitment period that exceeds three (3) months are ineligible for cancellation. In the event of an agreement breach or termination, an account closure invoice will be generated to the balance of the total remaining contracted period for all service(s) on the Client's account that will be due fourteen (14) days after the agreement termination, to be paid in compliance with Section 3.
8. If You are a consumer You have the right to cancel this Agreement within fourteen (14) days from the day this Agreement has been concluded. It is agreed between PrimeNodes and the Client that access to a service may commence before the end of that cancellation period, and then the Client who is a consumer will lose the right to cancel from the date that PrimeNodes provides the Client with the access details of the Service(s). In lieu of the consumer right to cancel We offer a limited refund option as outlined in Section 3, Clause 6 of this agreement.

5. Fraud

1. PrimeNodes does not guarantee that there will not be any errors with the payment when The User attempts to purchase Our services. If an error occurs during the process, The User is expected to contact PrimeNodes immediately through support ticket assigned to the "Account Support" department and provide all relevant errors and information.
2. In the event fraud is discovered, the fraudulent account and all related accounts, are subject to immediate suspension or termination at the sole discretion of PrimeNodes. All information available to PrimeNodes, including IP address history, user information, service information and service network logs be submitted to local authorities, ActionFraud, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent Clients will be prosecuted to the fullest extent of the law, whether within the United Kingdom, or abroad.
3. If a payment is tagged by one of Our partner payment service providers with an advanced fraud warning notice, the transaction will immediately be refunded, and any services linked to the payment will be suspended until alternative arrangements can be made to resolve the situation to the sole satisfaction of PrimeNodes. the Client’s failure to communicate with PrimeNodes and assist in making such arrangements within five (5) working days will lead to an agreement termination.
4. You agree to that You may be required to submit to identity verification measures, designed for both the security of the Client as well as the security of PrimeNodes. Standard identity verification means may include a single form of government-issued identification, as well as a front and back copy of the credit card used for payment, email verification for the address on the PayPal account, as well as a copy of a utility bill or bank statement displaying the billing address. You warrant and accept that proof of identity may be required proving that they are at least sixteen (16) years old. If You are between the ages of sixteen (16) and seventeen (17), You must have appropriate permission from a parent or legal guardian to use the services provided by PrimeNodes. Photo ID and signature may be required from the account holder and/or parent or legal guardian. Where We process special categories of data, We will ask for Your prior consent.

6. Support, Remote Hands & Communication

1. PrimeNodes provide hardware support to enable each direct Client's service functioning and do not offer software support of any kind, including any support/troubleshooting for the software installation services chosen from the order form. PrimeNodes only ensures the correct default installation of any software item selected from the order form, and in no way assumes liability for the configuration of any of the installed software.
2. We're not responsible for any downtime associated with the incorrect configuration of an operating system, network configurations or any software, whether installed by PrimeNodes or the Client, or where problems arise due to OS modification after the initial provisioning. Advanced software support (including kernel configuration) or installation of an unsupported OS is available upon request, where available, and is chargeable as standard remote hands cost for the time taken to carry out such request.
3. PrimeNodes does not permit any abusive or threatening communication towards staff members. If the Client sends any communication to a member of staff that is deemed to be abusive or threatening, the employee reserves the right to flag communication logs for review and at its sole discretion, PrimeNodes can issue a service suspension or account termination in such event. If an account closure, suspension or termination is issued, a refund will not be provided.
4. Colocation customers are responsible for covering the cost of all shipping charges that are associated with the return of hardware from the data center that it is located in. A mandatory minimum of a one (1) hour Advanced remote hands fee will be associated with the de-racking and boxing up of the server that is required to be paid before collection can be made.
5. Unescorted data center access is only permitted for Clients with colocation space of one (1) rack or greater, entry requires pre-authorisation of individuals visiting and advanced notice of one (1) hour to be provided. ID verification will be required on access to the site.
6. The base rate for Remote Hands as referenced within this agreement in all locations is charged at our Advanced rate of one-hundred and twenty (120) GBP per hour billable in thirty (30) minute increments. Colocation customers are eligible for custom rates as specified on this website dependant on the tasks that are required to be performed.
7. The Customer agrees to not perform any changes to the IPMI or BIOS configuration on a dedicated server. Any and all modification to IPMI configuration or BIOS settings on a dedicated server are deemed to be unauthorised and in direct violation to this terms of service. Upon discovery of setting tampering, a technician will take the service offline to restore settings and a fine of one-hundred (100) GBP plus one (1) hour remote hands fee will be issued to the customer that must be paid before access to the service is restored. Failure to pay the fine will lead to service termination in accordance with Section 3.

7. Acceptable Use Policy

1. Web hosting accounts are intended for the use of website content only, such as, but not limited to, .HTML, .PHP, .CSS and .JS files; any additional content must be linked on a public facing web page. Web hosting is not designed to be used for file/data storage. PrimeNodes reserves the right to determine any improper or inappropriate use of any content which may result in immediate account suspension. The decision shall rest solely with PrimeNodes at its discretion. Downloadable files and media must follow the following limitations:
   1. No more than five (5) GB of a web hosting service can be allocated to music, video or other media files including but not limited o .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
   2. No more than five (5) GB of a web hosting service may be designated to any file and disk image files containing the contents or structure of a data storage device;
   3. No more than five (5) GB of a web hosting service may be allotted to Executable files or any other file which are the result of compiling a program; and
   4. No more than five (5) GB of a web hosting service may be assigned to compressed files;
2. Any attempt to exploit any service not in accordance with this agreement or for malicious purposes in any way is grounds for immediate termination of an account and its services.
3. The User will not host any material which is abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise in violation of any UK law on any service. Our abuse department will locate abusive services based on public blacklist monitors, abuse reporting from external networks, and other various means; in the case that any unacceptable material is found on a site, linked to by a site or hosted on any service provided by PrimeNodes, the Client will have an account limitation issued, which will need to be resolved within twenty-four (24) hours to the sole satisfaction of PrimeNodes. Examples of the unacceptable material and unauthorised actions performed on a system include, but are not limited to:
   1. Fraudulent activities of any description;
   2. Copyrighted material without explicit approval;
   3. Exploits;
   4. Proxy scripts, or services used for malicious intentions;
   5. Racist, hateful, or harassing content;
   6. Hacking related information or services;
   7. SPAM of any kind;
   8. Digital currency mining;
   9. File sharing/File download proxies;
   10. Pharmacy or pharmacy-like services;
   11. Stolen content;
   12. Betting/Gambling sites;
   13. GRE Tunnels for the sole purpose of providing remote DDoS protection;
   14. Software licenses, license generation software, software "cracks" or stolen media;
   15. Computer viruses/malicious software of any kind; and
   16. Network/Computer scanning or attack software.
4. PrimeNodes are not to be held responsible for any downtime caused by a DoS or DDoS attack. PrimeNodes will offer a best effort attempt to stop all incoming DDoS or DoS attacks by utilising data center provided DDoS protection hardware, however, will not stand in the way of attacks if the service is provoking attacks.
5. If a service is found to be performing DDoS or malicious attacks on other online users, an account limitation will be issued and the offending service will be suspended immediately. Incoming and Outgoing DoS / DDoS attacks are taken seriously, with any information collected during the offence being forwarded to the National Cyber Crime Unit for further investigation of any attack. Customers participating in outgoing DDoS or amplification attacks will have their service traffic reviewed and logged, with a limitation being placed on the account to attempt to verify if illegal behaviour is taking place or if the node in question is compromised. The Client agrees that all information about an incoming or outgoing attack that is collected by PrimeNodes during an investigation can be included in the investigatory report submitted to the NCCU if one is generated.
6. PrimeNodes reserves the right to deny mail delivery from any servers hosted on Our network if they are believed to be involved in SPAM or SPIM activities. If PrimeNodes receives a report or otherwise becomes aware of abuse-related activities active on a server on Our network, PrimeNodes will identify the server the abuse is relating to. After identification is completed, an account limitation will be issued to the user who rents the server or IP range, with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
7. An account limitation serves as notification that Our abuse department has received reports of abuse originating from the server. PrimeNodes require a response from the Client to ALL account limitations within forty-eight (48) hours of the ticket being opened. If a response is not received within forty-eight (48) hours, a suspension will be placed on the service, abusive port or IP range assigned to the server. If a response has not been received to an account limitation within seven (7) days of being opened, the service is eligible for termination or may be completely disabled until PrimeNodes receive a response.
8. PrimeNodes reserve the right to refuse services to any Client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been placed on a blacklisted as a result of undue abuse reports, PrimeNodes reserves the right to issue a fine of two-hundred (200) GBP to the Client and immediately terminate the service the IP range is assigned to.
9. PrimeNodes handle all copyright and other intellectual property rights complaints in relation to potential violations very seriously and will thoroughly examine each accusation received. An account limitation will be created upon receipt of a complaint. If a response is not received after twenty-four (24) hours, the service in question will be suspended. After seven (7) days of being suspended and the issue having not been resolved, the services in question will be terminated with an "Abuse Charge" of two-hunged (200) GBP will be placed on the account. Users who violate this policy and fail to resolve the situation within twenty-four (24) hours agree that in addition to these administrative penalties, they will pay "Research Fees" not to exceed fifty (50) GBP per hour that PrimeNodes personnel must spend to investigate the matter, to be charged only if claims are found to be valid.
10. You undertake to ensure that any all e-commerce conducted through any Client websites comply with all relevant laws in force at the relevant time including, but not limited to, the Distance Selling Regulations 2000 and the EU E-Commerce Directive 2000.
11. You shall be responsible for all activity relating to any Client website.
12. You must ensure that We are furnished with any information reasonably required to provide the service in a timely manner.
13. You shall not acquire any rights in or over any intellectual property rights subsisting in any materials and/or property owned by Us or by any third parties (where, for example, We are using materials under licence). Any materials owned by Us used by You in the normal course of the service are used under a non-exclusive licence only to the extent required in order for Us to provide the service to You.
14. We shall not acquire any rights in or over any intellectual property rights subsisting in any materials and/or property owned by You or by any third parties (where, for example, You are using materials under licence). Any such rights are used under a non-exclusive licence only to the extent required in order for Us to provide the service to You.
15. You hereby agree to fully indemnify Us against all costs, expenses, liabilities, losses, damages, claims and judgements that We may incur or be subject to as a result of the infringement of any intellectual property rights arising out of Your failure to obtain the necessary rights and permissions from third parties with respect to any materials used by You as hosted by Us under this agreement.
16. Your use of any and all hosting software that We may from time to time provide including but not limited to Windows is under a non-exclusive licence and may be used only in accordance with this agreement and only for the duration of the service. You shall not gain any form of ownership rights over any hosting software or the intellectual property rights related to it.
17. Where We provide access to third party software, You agree to be bound by any licence agreements relating to such software upon Your first use of that software. You may not under any circumstances:
    1. Attempt to copy any such software;
    2. Attempt to reverse-engineer, decompile, disassemble or in any other manner derive source code from any such software;
    3. Write or otherwise create any derivative software that is based in whole or party on any such software; or
    4. Sell, lease, transfer, sub-licence, or in any other way treat any such software as Your property.

8. Bandwidth Overages

1. On limited bandwidth services, the Client agrees to pay any and all overage bandwidth charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of five pence (0.05) GBP over the allotted bandwidth on the service, unless sufficient bandwidth capacity is subscribed to within twenty-four (24) hours of the service(s) exceeding their limit. PrimeNodes reserves the right to suspend any account which does not pay overage bandwidth charges within seven (7) days.
2. PrimeNodes is not responsible for spikes in bandwidth that are caused by a client's service for any reason. Client assumes liability for all bandwidth to and from their services.

9. Electronic Notifications

1. Your affirmative act of using the Services constitutes Your electronic signature to these Terms of Service and Your approval to enter into agreements with PrimeNodes electronically. You also agree that PrimeNodes may send to You in digital form any privacy or other notices, disclosures, reports, records, communications or other records regarding the Services. PrimeNodes can send You electronic Notices to the email address that You provided to PrimeNodes during the initial sign up. The delivery of any Notice from PrimeNodes is effective when communicated by PrimeNodes, regardless of whether You read the Notice when You receive it or whether You are provided with the service details. You can revoke Your consent to receive Notices electronically by cancelling or discontinuing Your use of the applicable Services. All contracts performed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed agreement.

10. Data Protection

1. In so far as required both parties agree that they will comply with all applicable requirements of the General Data Protection Regulation (Directive 2016/679), the Data Protection Act 2018 and any other applicable data protection laws ("the Data Protection Legislation"). This Section 10 is in addition to and does not relieve, remove or replace a party's obligations under the Data Protection Legislation.
2. The parties acknowledge that for the purposes of the Data Protection Legislation, You, the customer, is the data controller and We are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). The personal data that We will have access to in order to provide Our services under this agreement may include but is not limited to such categories of data subjects as Your customers, employees, subcontractors and other parties' details, including names, contact information, and other types of personal data as may be necessary for the provision of services by Us and for the duration of the provision of Our services.
3. In addition to Our promises in Clause 10.1, We, as a data processor undertake to process personal data in connection with Our performance of Our obligations under this agreement as follows:
   1. Process personal data only on Your instructions unless We are required by the laws of any member of the European Union or by the laws of the European Union applicable to Us to process personal data (“Applicable Laws”). Where We are relying on laws of a member of the European Union or European Union laws as the basis for processing personal data, We will notify You, if possible, of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Us from so notifying You;
   2. Ensure that We have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result and having regard to the state of technological development and the cost of implementing any measures;
   3. Ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
   4. Not transfer any personal data outside of the European Economic Area unless the following conditions are fulfilled: a) We or You have provided appropriate safeguards in relation to the transfer; b) We comply with Our obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and c) We comply with Your reasonable instructions in respect of any such processing.
   5. Assist You, at Your cost, in responding to any request from a data subject and in ensuring compliance with Our obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
   6. Notify You without undue delay on becoming aware of a personal data breach;
   7. Maintain records where appropriate to demonstrate Our compliance with this Section (and allow for audits as may be agreed between the parties).
4. In addition to Your promises in Clause 10.1 You agree to ensure that You have all necessary appropriate consents and notices in place, as well as a lawful basis to enable lawful transfer of the personal data to Us for the duration and purposes of this agreement.
5. You consent to Us appointing third party processors as detailed within Our Privacy Policy (https://www.primenodes.com/pp). We confirm that We have entered or (as the case may be) will enter with each of the third party processors into a written agreement substantially on the terms similar to those set out in this Section 10. As between You and Us, We shall remain full liable for all acts or omissions of any third party processor appointed by Us in accordance with this Section 10.
6. We may revise this Section to replace it with any applicable controller to processor standard Clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced).
7. Each party agrees to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations under this Section 10.

11. General

1. This contract, policies, rules and guidelines posted on Our website constitute the entire contract between You and PrimeNodes and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a method consistent with applicable law to reflect, as tightly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
2. Except as authorised in writing by the other party, each party shall, at all times during the term of this agreement and for five (5) years after its termination;
   1. Keep confidential all confidential information of the other party;
   2. Not disclose any confidential information of the other party to any other party;
   3. Not use any confidential information of the other party for any purpose other than as contemplated by and subject to this agreement;
   4. Not to make any copies of, record in any way or party with possession of any confidential information of the other party; and
   5. Ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does not act which, if done by that party, would be a breach of this Clause 11.2.
3. Either party may disclose any confidential information of the other party to:
   1. Any sub-contractor or supplier of the party;
   2. Any governmental or other authority or regulatory body; or
   3. Any employee or officer of that party or of any other aforementioned persons, parties or bodies;
4. To such extent only as is necessary for the purposes contemplated by this agreement, or as required by law. In each case that party shall first inform the person, party or body in question that the confidential information is confidential and obtaining and submitting to the other party a written confidentiality undertaking.
5. Either party may use any confidential information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the acceptance of this agreement, or at any time after that date becomes public knowledge through no fault of the receiving party.
6. The provisions of the Clauses 11.2 and 11.3 shall continue in force in accordance with their terms, notwithstanding the termination of this agreement for any reason.
7. Subject to any obligations by You to pay for Our services, neither party to this agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
8. No failure or delay by either party in exercising any of its rights under this agreement shall be deemed to be a waiver of that right.
9. No part of this agreement is intended to apply to any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement to the fullest extent possible.
10. Subject to Clause 11.7, this agreement shall continue and be binding on the transferee, successors and assigns of either party as required.
11. All notices or communications shall be given to Us by electronic Email communication.
12. In the event that one or more of the provisions of this agreement is found to be unlawful, invalid or otherwise unenforceable, that/ those provision(s) shall be deemed severed from the remainder of this agreement. The remainder of the agreement shall be valid and enforceable.
13. You agree that the applicable law and jurisdiction shall be as stated at the beginning of these Terms.