Terms of Service - Pipe Ten

Introduction

These Terms of Service govern the provision of Services and Products by Pipe Ten to the Customer. They set out the rights and obligations of each Party and form part of the Contract. The Customer should read these Terms of Service carefully before placing any order.

Formation of Contract

The Contract between Pipe Ten and the Customer is formed on the earlier of:

the date both Parties sign an Order Form,
the date the Customer accepts an electronic Order Form issued by Pipe Ten, or
the date the Customer first uses the Services.

Each Order Form incorporates and is subject to these Terms of Service, the Core Policies including the Service Level Agreement and Acceptable Use Policy, and any applicable Service-Specific Policies. Together, these documents constitute the Contract between the Parties.

Order of Precedence

If there is any inconsistency between the documents comprising the Contract, the following order of precedence shall apply:

the Order Form, provided that it expressly states that it overrides the Terms of Service or Core Policies and is signed by an authorised director of Pipe Ten,
these Terms of Service,
the Core Policies including the Service Level Agreement, Acceptable Use Policy, and Definitions,
the Service-Specific Policies, and
any other documents expressly incorporated into the Contract.

Service Provision

Pipe Ten shall provide the Services and any Products as described in the applicable Order Form. Pipe Ten will work diligently to meet any agreed timescales, but such timescales are indicative only and not guaranteed, and Pipe Ten shall not be liable for delays outside its reasonable control.

Pipe Ten may from time to time improve, correct, or modify the Services or Products, including substituting Software or equipment of similar specification, provided such changes do not materially adversely affect the Services. Where reasonably practicable, Pipe Ten will give prior notice via a Service Notice.

Pipe Ten reserves the right to refuse any order at its discretion.

Third Party Services

Where Services include or depend upon Third Party Services, the Customer agrees to comply with applicable third party terms, which will be made available via the Website or Customer control panel. Where a third party supplier increases prices or materially changes terms, Pipe Ten may pass through such changes with 30 days’ notice. Pipe Ten is not responsible for the performance, availability, or support of Third Party Services beyond refunding Fees for periods of unavailability caused by the third party.

Pipe Ten Rights and Obligations

Provide the Services and Products described in the Order Form.
Comply with all Applicable Laws.
Exercise reasonable care in providing the Services, consistent with the Customer’s own obligations.
Where applicable, provide service credits as the Customer’s sole and exclusive remedy for failing to meet Service Levels under the Service Level Agreement.
Pipe Ten is not obliged to provide any Services or Products not specified in the Order Form.

Customer Rights and Obligations

Provide Pipe Ten with all information, instructions, and assistance reasonably required for the provision of the Services.
Comply at all times with the Acceptable Use Policy, the Privacy Policy, all Applicable Laws, and any requirements or terms imposed by third-party service providers relevant to the Services.
Ensure that Services and Products are protected from unauthorised or fraudulent use and pay all costs and expenses resulting from such use.
Ensure that all Customer Personnel comply with the Customer’s obligations under the Contract. Any act or omission of Customer Personnel shall be deemed an act or omission of the Customer.
Comply with all applicable licence terms for any Third Party Services or Software. The Customer accepts full responsibility and liability for all Third Party applications installed.
Be solely responsible for all Customer data created through use of the Services and warrant that they have rights or permissions to use such data.
Ensure that any systems or environments under the Customer’s control which make use of the Services are appropriately secured and maintained in a manner consistent with good industry practice, such that their configuration does not compromise the security, integrity, or availability of the Services.
Arrange and maintain their own backup facilities. Pipe Ten’s internal backup systems are designed for its operational resilience and are not a substitute for the Customer’s own backup arrangements. Any backups made by Pipe Ten are provided on a reasonable efforts basis, without guarantee of availability, accuracy, or suitability for Customer recovery purposes, unless the Customer has purchased a dedicated backup service. Where Pipe Ten provides a specific backup service, the scope, performance, and obligations for that service shall be as defined in the applicable Service-Specific Policy.

Suspension

Pipe Ten may suspend Services without liability where:

the Customer monopolises resources to the detriment of others,
the Customer breaches the Acceptable Use Policy or the Contract and fails to remedy within 7 days of notice,
maintenance, repair or upgrades are required,
a security breach, virus, or attack occurs or is suspected,
necessary due to emergency,
failures or deficiencies occur in the Customer’s systems,
required by a regulatory or governmental authority,
a Third Party Service provider suspends provision of dependent services,
the Customer fails to verify its contact details, or
the Customer fails to pay undisputed Fees and does not rectify within 7 days of notice.

Suspension will only be lifted during Business Hours once the cause is resolved and all outstanding sums are paid.

Maintenance

Pipe Ten may close or restrict all or part of the Services by issuing a Service Notice where required for emergency repair, to prevent overload, or to preserve safety and security. Pipe Ten alone shall decide when this is necessary.

Fees

Fees commence when access details to the live system are provided or on the Ready for Service Notification, as applicable. Fees may include:

Installation and setup fees, as detailed in the Order Form.
Rental fees, invoiced monthly or annually in advance as per the Order Form.
Licence fees, invoiced monthly or in advance, subject to change by vendors.
Resource increases, invoiced from the date of increase.
Professional service fees, billed in line with Pipe Ten’s Expertise Policy or rates stated in the Order Form.

Pipe Ten may increase Fees annually after the Initial Term in line with an inflation index published by the UK Office for National Statistics (e.g., CPI), and may also increase Fees sooner where costs outside its control increase materially, including electricity, licensing, third-party charges, or regulatory changes.

Over-usage and ad hoc rates. Pipe Ten may, at its discretion, permit the Customer to exceed contracted resources including bandwidth, storage, CPU, memory, or licences. Such excess usage shall be billable at Pipe Ten’s prevailing ad hoc or advertised rates. Where sustained excess usage occurs, Pipe Ten may offer upgrade options or, where set out in the applicable Product Terms, apply an automatic upgrade after notice.

Additional Fees are payable for exceeding quotas on bandwidth, storage, licences, or other usage limits.

Payment

Invoices are payable within 14 days of the invoice date. Late payments accrue interest and statutory compensation under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2013.
Payments are in GBP unless otherwise agreed. Pricing displayed or agreed in USD or EUR may be adjusted mid-contract to the current GBP exchange rate.
All invoicing and taxation shall be calculated in accordance with UK laws, including VAT. Customers are responsible for any additional taxes, levies, or duties applicable in their own jurisdiction.
All payments are non-refundable except where subject to a money back guarantee or Consumer cooling-off rights.
If the Customer disputes an invoice in good faith, the Customer must notify Pipe Ten in writing within 14 days of the invoice date with reasonable detail and pay any undisputed portion by the due date. Pipe Ten may recover reasonable administrative fees and costs associated with handling disputes of valid charges and may suspend Services until resolved.
Credits or vouchers may be issued at Pipe Ten’s discretion, are non-refundable and non-transferable, have a 12 month expiry, may not be exchanged for cash, and will by default be applied against renewal fees.

Overdue Payments

Where the Customer fails to pay any undisputed invoice by the due date, the Customer shall reimburse all reasonable costs incurred by Pipe Ten in recovering the debt, including legal fees, collection agency fees, court costs, and statutory compensation. Where the Customer has a history of late payment, Pipe Ten may require payment in advance, shorten payment terms, or require a payment guarantee. The Customer may not set-off any amounts against Fees unless agreed in writing by Pipe Ten or ordered by a court of competent jurisdiction.

Continuous Payment Authority (CPA)

The Customer authorises Pipe Ten to store payment details and take recurring payments until expressly revoked by written notice to Pipe Ten’s billing department or through the Customer’s control panel (where available).
Pipe Ten may vary amounts collected where multiple invoices or additional Fees are outstanding and will send email confirmations of payments.
Payments will appear on the Customer’s statement as Pipe Ten Hosting Ltd.
Cancellation of CPA does not cancel the Contract or the Services. The Customer remains responsible for ensuring timely payment by an alternative method.

Warranties

Pipe Ten Warranties

Provide Services with reasonable care and skill.
Use reasonable endeavours to meet Service Levels. Service credits defined in the Service Level Agreement are the Customer’s sole and exclusive remedy for failures to meet Service Levels.
Services are provided on an as is and as available basis. Pipe Ten does not warrant uninterrupted or error free operation or fitness for a particular purpose.

Customer Warranties

Be duly constituted and authorised to enter into the Contract.
Provide complete and accurate information and notify Pipe Ten of changes without delay.
Comply with the Acceptable Use Policy, the Privacy Policy, Applicable Laws, and any requirements or terms imposed by third-party service providers relevant to the Services.
Not resell, assign, or transfer the Services without Pipe Ten’s consent. If consent is granted, remain fully liable for third party acts and omissions.
The Customer is not subject to, and will not use Services in violation of, any UK, EU, US, or UN trade sanctions or export controls. The Customer shall immediately notify Pipe Ten if it becomes subject to sanctions or export restrictions. Pipe Ten may immediately suspend or terminate Services if the Customer breaches this warranty or is added to any sanctions list.

Liability

Pipe Ten’s liability is excluded or limited as follows:

Not excluded: liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded under Applicable Laws.
Excluded: indirect or consequential losses, loss of profit, business, goodwill, data, revenue, opportunity, or similar losses.
Cap: Pipe Ten’s aggregate liability in respect of any claim or series of related claims shall not exceed the total Fees paid by the Customer for the Services in the Billing Period in which the claim arose, including any service credits.

The Customer shall indemnify Pipe Ten and its Associated Companies for all costs, claims, losses, penalties, damages, liabilities, and expenses arising from the Customer’s breach of the Contract, negligence, misuse of the Services, failures of the Customer’s systems, or breach of the sanctions warranty.

Intellectual Property Rights

Each Party retains rights in intellectual property developed independently of the Contract.
The Customer acquires no rights in the Services or Software beyond those expressly granted.
Pipe Ten will indemnify the Customer against third party intellectual property claims relating to the Services, subject to prompt notice, control of defence by Pipe Ten, and reasonable assistance from the Customer.
The Customer will indemnify Pipe Ten against third party intellectual property claims arising from Customer specifications, systems, materials, or failure to procure necessary rights.

Publicity and References

Pipe Ten may identify the Customer as a client and display the Customer’s name and logo on the Website and in marketing materials, unless the Customer opts out by written notice. Pipe Ten will cease using the Customer’s name and logo in new materials within 30 days of receiving opt-out notice. Pipe Ten may not issue press releases or detailed case studies about the Customer without prior written consent. Where the Customer opts out, Pipe Ten may still reference the Customer in aggregated statements provided the Customer is not individually identifiable.

Force Majeure

Neither Party is liable for delay or failure caused by a Force Majeure Event beyond its reasonable control, including acts of God, war, riot, fire, flood, strikes, epidemics, government action, failure of utilities or networks, or other events of a similar nature. The affected Party shall promptly notify the other Party of the Force Majeure Event and use reasonable endeavours to mitigate its effects. If a Force Majeure Event continues for more than 30 days, either Party may terminate the affected Services on written notice.

Term and Termination

The Contract continues for the Contract Period, renewing automatically for successive Extended Terms unless either Party gives 90 days’ written notice prior to the end of the Initial Term or the then-current Extended Term.

Consumers are entitled to a 14-day cooling-off period under applicable regulations. For certain Services, including domain names and SSL certificates, the Consumer waives the cooling-off right by accepting these Terms in order for the Service to commence immediately.

Cancellation requests must follow the procedure published in Pipe Ten’s Cancellation Policy at https://www.pipeten.com/support/policy/core/cancellation/. The Customer remains liable for Fees until a valid cancellation request is received in accordance with that policy.

Termination for Cause

Either Party may terminate immediately for a material breach that is incapable of remedy, or for a remediable breach not remedied within 14 Business Days of notice.
Either Party may terminate if the other is subject to an Insolvency Event or ceases or threatens to cease trading.
Pipe Ten may terminate immediately for non-payment or any breach of Pipe Ten’s Acceptable Use Policy https://www.pipeten.com/support/policy/core/aup/.

Early Termination Fees

If Pipe Ten terminates for Customer breach, the Customer shall pay all Fees for the remainder of the Contract Period and reimburse any third party cancellation charges incurred by Pipe Ten.
If the Customer terminates early without Pipe Ten breach, the Customer shall pay all Fees for the remainder of the Contract Period. The Parties acknowledge this represents a genuine pre-estimate of the costs and capacity commitments incurred by Pipe Ten in reliance on the Contract.

Post Termination

Upon termination, the Customer must cease use of the Services and Software and pay all outstanding sums.
Pipe Ten shall have no obligation to retain Customer Data and may irretrievably delete it from its systems immediately. For the avoidance of doubt, Customer Data does not include invoices, billing records, or other financial information that Pipe Ten is required to retain under Applicable Laws. Such records may be retained by Pipe Ten solely for statutory or regulatory compliance purposes and shall not be accessible to the Customer after termination.

Confidential Information

Each Party shall:

keep confidential the terms of the Contract and any Confidential Information of the other Party,
not disclose Confidential Information to any third party without prior consent, save where disclosure is necessary for performance of the Contract, to professional advisers, auditors or subcontractors under confidentiality obligations, or as required by law or a competent authority, and
use Confidential Information solely for the performance of the Contract.

Pipe Ten may maintain a customer database containing Customer details and may share such information with Third Party Service providers and suppliers as necessary for the provision and maintenance of the Services, subject to the Privacy Policy.

These confidentiality obligations shall continue indefinitely, save that information which becomes publicly available through no fault of the receiving Party shall no longer be considered Confidential Information.

Amendments

Pipe Ten may amend these Terms of Service or the Core Policies by publishing a Service Notice in the Customer’s control panel or other reasonable location where such notices are customarily provided. Publication of the Service Notice shall constitute sufficient notice of the amendment. Unless otherwise stated, amendments will take effect 30 days after publication. Continued use of the Services after that date constitutes acceptance. Where an amendment materially disadvantages the Customer, the Customer may terminate the Contract before the change takes effect without early termination charges, provided the Customer gives notice within 14 days of publication of the amendment. Immaterial changes (such as corrections, clarifications, or compliance updates) may take immediate effect upon publication.

Dispute Resolution

The Parties shall first attempt in good faith to resolve disputes at an operational level. Management will meet within 10 Business Days of a written notice of dispute.
If unresolved, senior management of both Parties will meet within a further 10 Business Days.
If still unresolved within 7 Business Days of that meeting, the Parties shall refer the dispute to mediation. Each Party will bear its own costs, and mediator fees will be shared equally.

Miscellaneous

Each right or remedy of Pipe Ten is without prejudice to any other right or remedy.
If any provision is found invalid, illegal, or unenforceable, the remaining provisions shall continue in full force.
No failure or delay to exercise any right or remedy shall constitute a waiver.
Pipe Ten may assign, delegate, license, hold on trust, or subcontract its rights or obligations. The Customer may not assign without Pipe Ten’s prior written consent.
The Contract constitutes the entire agreement between the Parties in relation to its subject matter and supersedes all prior statements or representations not expressly incorporated. For clarity, the Contract comprises the documents set out in the Formation of Contract section above, read in the order of precedence specified.
No third party has any rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

Applicable Law and Jurisdiction

The Contract is governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute. Nothing prevents Pipe Ten from bringing proceedings to enforce a judgment or recover unpaid Fees in any competent jurisdiction.

Governing Language

These Terms of Service and all related documents are drafted and shall be interpreted in the English language. If translated, the English version shall prevail.

Pipe Ten Hosting Ltd, registered number 05823310, registered address 39 Mowbray St, Sheffield, S3 8EN, United Kingdom.
Last changed: 2025/10/16 by Carl Heaton

Classification: Public
Last saved: 2025/10/27 at 08:53 by Carl

Policy