PCGuys Telecom - Dedicated Server Services Schedule for Resellers

Last Updated: 20th August 2025

Index

Definitions and Interpretation
General
Provision of Service
Service Level Agreement
Hardware
Software
Support and Management Services
Network Connectivity / Data Transfer
Data Backup
Duration and Termination
Agreement and Addendum Amendments

This Addendum relates only to our dedicated server products. They do not relate to any other product or service supplied by PCGuys unless specified herein.

1. Definitions and Interpretation

In this Service Agreement the following expressions shall have the following meanings unless the context otherwise requires:

"Business Day" - Any day excluding Saturdays, Sundays, and official bank or public holidays in England. These are the standard working days when PCGuys operates and is available to provide services and support to the Reseller and Customers.

"Commencement Date" - The date on which the Customer gains access to the live Service provided by the Reseller, marking the start of the service period under this Agreement.

"Dedicated Server" - A singular, independent computer system that is connected to the Internet, housed and powered within a data center, and dedicated to providing specific services to the Customer without sharing resources with others.

"Equipment" - Any hardware or devices provided either by PCGuys or an approved third party at the Customer's location (Premises) to facilitate the delivery of the Service outlined in this Agreement.

"Minimum Period" - The initial term that the Customer is committed to, which is thirty (30) days by default, unless specified differently in this service schedule, during which the terms of service and cancellation policies apply.

"Person" - Refers to any legal entity, whether an individual, corporation, partnership, or any form of organized group, capable of entering into contractual agreements.

"Services" - Refers to the various offerings provided under this Agreement, specifically the manual and automatic operations of the Dedicated Server, including but not limited to the support, maintenance, and any other related services, as described in the wholesale pricing pages of the reseller Control Panel and as of the date of this Agreement.

"Service Level Agreement (SLA)" - An agreement between PCGuys and the Reseller that outlines the expected level of service provided by PCGuys, including specific metrics and standards that PCGuys agrees to meet, such as uptime, response time, and the process for handling service failures. The SLA also details the rights and remedies of the Reseller in the event that PCGuys fails to meet these service levels.

"Reseller" - An individual or business entity that purchases services from PCGuys with the intention of selling them to third parties. The Reseller acts as an intermediary between PCGuys and the end customers, providing added value to the services or distributing them as part of a broader offering.

2. General

2.1. Unless expressly indicated otherwise, any mention of 'clause' or 'sub-clause' refers to the respective clause or sub-clause set out in this Agreement.

2.2. The headings used in this Addendum are intended solely for organisational purposes and shall not influence the interpretation of the terms herein.

3. Provision of Service

3.1. Service Delivery: PCGuys is committed to providing the Service to the Reseller in alignment with the terms of this Agreement, including any addenda, and the Terms and Conditions detailed on the PCGuys website, specifically regarding the Reseller's customers.

3.2. Availability: PCGuys will employ reasonable efforts to ensure continuous availability of the Server and Services specified in this addendum to the Reseller.

3.3. Usage Restrictions: The Reseller is prohibited from the following, unless explicitly allowed in this Agreement:

3.3.1. Transferring any service rights, in whole or in part, to any third party.

3.3.2. Revealing any Service functionalities, defects, or vulnerabilities to a third party without PCGuys' written consent.

3.3.3. Utilising the Service in any manner other than as prescribed by PCGuys, including alterations without PCGuys' written consent.

3.3.4. PCGuys retains the authority to modify the Customer's password at its discretion.

3.4. Service Suspension: PCGuys may suspend the Services for any reason deemed necessary, without prior notice. Should the suspension extend beyond 7 days, the Reseller will be informed of the rationale behind such action.

3.5. Service Interruption: PCGuys may need to temporarily interrupt or modify the Service for operational or emergency reasons. Whenever possible, PCGuys will provide prior notification of any service disruption. However, PCGuys will not be liable for any service interruptions or server downtime caused by external factors, and under such circumstances, no claims can be made against PCGuys for interruptions.

4. Service Level Agreement (SLA)

4.1. Overview of the SLA: The Service Level Agreement, referred to as the SLA, specifies PCGuys' commitments regarding service standards. Detailed information on the SLA is available on the PCGuys website.

4.2. SLA Objectives: Failure to achieve a service objective outlined in the SLA shall not be deemed a breach of this contract but represents the service level that PCGuys aims to uphold.

4.3. Definition of Network Uptime: Within the SLA, 'Network Uptime' is categorised explicitly. Network downtime is recognised as 100% packet loss from the Reseller's Server in our data centre to the Internet backbone. However, this does not cover:

4.3.1. Disruptions within the Reseller's network or its upstream providers that hinder access to the PCGuys network.

4.3.2. Failures in the Server's hardware or software that result in operational downtime.

4.3.3. The reconfiguration period of network protocols like STP, OSPF, and BGP following any failure of equipment or connection.

4.4. Claiming Service Credits: To claim service credits under the SLA, Resellers must notify PCGuys, providing detailed information about the incident and the exact time of occurrence, within 7 days from the event.

4.5. Assessment of Credits: PCGuys reserves the right to assess the eligibility for service credits.

4.6. Issuance of Service Credits: If applicable, service credits will be issued as additional service days, capped at 30 days in any given 30-day period. These credits will offset only the basic Server rental charges, excluding fees for domain names and supplementary services. Cash equivalents for credits are not provided.

4.7. Service Credit Calculation: Credits are calculated based on downtime, where one hour of downtime equates to one day of service credit.

4.8. Acknowledgement of Downtime: The downtime duration starts from the moment PCGuys acknowledges the issue.

5. Hardware

5.1. PCGuys retains ownership of the Server at all times.

5.2. The Server is installed and operated within PCGuys' data centre, and the Reseller has no right to physical access to the Server or the data centre premises.

5.3. PCGuys accepts no liability for loss or damage to data stored on the Server.

5.4. While PCGuys will strive to ensure the Server is defect-free and operates reliably, we cannot guarantee uninterrupted service. Therefore, PCGuys is not liable for service interruptions or data mismanagement.

5.5. Upon identifying a Server fault, PCGuys will either repair or replace the Server as soon as feasible.

5.6. Replacement Servers will be configured to the original specifications, with no guarantee that existing data or settings will be transferred.

6. Software

6.1. PCGuys grants the Reseller a non-transferable, non-exclusive licence to use the provided Software solely on the provided Hardware and for the Service's purposes.

6.2. The Reseller must not:

6.2.1. Copy the Software.

6.2.2. Reverse-engineer or attempt to derive the source code of the Software.

6.2.3. Sell, lease, or sub-license the Software or the documentation.

6.2.4. The Reseller must not create or attempt to create derivative works based upon the Software provided by PCGuys.

6.3. Third-party software is subject to the respective licensors' terms, which the Reseller agrees to follow.

6.3.1. In the case of Microsoft software specifically, the Reseller will agree to their general terms of use as outlined within their Operating System.

6.4. The Reseller is responsible for virus scanning the Software, with PCGuys offering no virus-free warranty.

7. Support and Management Services

7.1. PCGuys will install the specified Software on the Hardware in the standard configuration without extra charges.

7.2. To safeguard server integrity, PCGuys commits to applying security patches or blocking specific network traffic upon identifying threats due to vulnerabilities in the standard Software, aiming to prevent unauthorised access. However, PCGuys cannot guarantee that the Software or Server will be completely defect-free or immune to cyber threats.

7.3. Installation of additional software or alteration of the existing software setup by PCGuys is discretionary and may incur fees to account for the time spent by our technicians.

7.4. Technical support from PCGuys is confined to ensuring the operational functionality of the Server and the installed Software. Support does not cover issues specific to application-level programming or development, like CGI scripting or HTML coding.

7.5. PCGuys' technical support does not extend to the Reseller's end users or customers.

7.6. The scope of support and management services provided by PCGuys excludes:

7.6.1. Software or systems not pre-installed by PCGuys.

7.6.2. Modifications or configurations performed by the Reseller outside the standard control panel provided.

7.6.3. Addressing malfunctions due to the Reseller's non-adherence to PCGuys' instructions or recommendations.

7.6.4. Recovery of lost or corrupted data.

7.7. PCGuys reserves the right to periodically enhance, fix, or modify the Services, including replacing the Software and/or Server with comparable technology, as long as these changes do not substantially alter the service provided. Reasonable efforts will be made to notify the Reseller of significant modifications.

8. Network Connectivity / Data Transfer

8.1. PCGuys shall provide facilities for the Reseller to monitor their data transfer usage on the Server. Should the Server's data transfer exceed the allocated quota within any billing period, PCGuys will levy charges on the Reseller for the excess usage at the prevailing standard rate.

8.2. Connections to external networks via the Services must adhere to the regulatory and operational guidelines of those networks.

8.3. PCGuys may allocate Internet Protocol Addresses (IP Addresses) to the Server on a temporary basis, sourced from the address space assigned to PCGuys by RIPE. These IP Addresses remain the property of PCGuys and will be reassigned upon termination of the Services. PCGuys retains the right to alter IP Address allocations as necessary.

8.4. PCGuys does not warrant the accuracy or quality of the information transmitted or received through the Services and disclaims any liability for errors or quality issues in the data communicated.

9. Data Backup

9.1. PCGuys will not perform data backups unless the Reseller or their Customer opts for a data backup product, which is available for an additional fee.

9.2. Should the Reseller subscribe to a data backup service, PCGuys will strive to perform regular backups of the data stored on the Server, accessible as per the terms of the backup service. However, PCGuys cannot guarantee the successful backup or restoration of data.

9.3. Resellers with an active data backup service can retrieve their data via FTP at any given time.

9.4. The efficacy of data backups is contingent on the organisational structure of the Reseller's data. We advise testing the backup service soon after the Commencement Date and regularly thereafter to ensure it captures the data accurately. Should issues arise, PCGuys will assist in optimising the backup service or recommend alternative solutions.

9.5. PCGuys accepts no responsibility for any data loss or damage, irrespective of whether a backup service has been purchased by the Reseller.

9.6. It is recommended that the Reseller maintains an independent backup of all data on the Server, regardless of the procurement of PCGuys' backup solutions.

10. Duration and Termination

10.1. This Addendum becomes effective as of the signing date and will remain in effect until terminated by either party according to the Master Service Agreement.

10.2. PCGuys retains the right to immediately suspend or terminate the Services without prior notice under the following conditions:

10.2.1. Non-payment of any charges due to PCGuys by the specified due date.

10.2.2. Violation of any terms and conditions of this Agreement.

10.2.3. Insolvency, liquidation, administration, or any creditor arrangement of the Reseller's company.

10.3. Within the initial 7-day period of service activation, the Reseller may cancel and receive a refund for the basic service fee. No refunds, either full or pro-rated, will be issued after this period.

10.4. The Reseller may terminate the Services at any time with written notice, including their account details. PCGuys will process the termination within one business day from the receipt of such a request.

Appendix 1 – Dedicated Server Acceptable Use Policy (AUP)

1. Background

From time-to-time PCGuys may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the company's website. The AUPs are not exhaustive and PCGuys reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to the website or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as PCGuys deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

Violation of any AUP may result in the immediate termination or suspension of the services you receive from PCGuys. You shall remain solely liable and responsible for your use of the services and any and all content that you display, upload, download or transmit through the use of the services. "content" includes, without limitation, your e-mail, web pages, personal home pages, and domain names. It is PCGuys' policy to terminate repeat infringers. PCGuys reserves the right to refuse service to anyone at any time.

2. Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labour used to rectify any such damage is categorised as emergency security breach recovery and is currently charged at £175.00 per hour. Enquiries regarding security matters may be directed to our Support team.

3. System & Network Security

Violations of system or network security are prohibited and may result in criminal and civil liability. PCGuys may investigate incidents involving such violations and may involve and will cooperate with law enforcement authorities if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of such system or network.
Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of such system or network.
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labour to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by PCGuys. Such labour is categorised as emergency security breach recovery and is currently charged at £175.00 per hour required. Enquiries regarding security matters may be directed to the Support team. PCGuys is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, PCGuys urges its customers to assume that all of their online communications are secure. PCGuys cannot take responsibility for the security of information transmitted over PCGuys' facilities.

4. Password Protection

The customer is responsible for protecting customer's password and for any authorised or unauthorised use made of customer's password. The customer will not use or permit anyone to use PCGuys' service to guess passwords or to access other systems or networks without authorisation. PCGuys will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

5. Internet Etiquette

The customer is expected to be familiar with and to practice good Internet (N)etiquette. The customer will comply with the rules appropriate to any network to which PCGuys may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libellous, tortuous, indecently depicts children or is likely to result in retaliation against PCGuys by offended users. PCGuys reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

6. Copyright Infringement / Software Piracy Policy

The PCGuys network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorised copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating all law of copyright.

PCGuys will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

7. Responsible use of Network

Customers have a responsibility to use the PCGuys network responsibly. This includes respecting the other customers of PCGuys. PCGuys reserves the right to suspend and or cancel service with any Customer who uses the PCGuys network in such a way that adversely affects other PCGuys customers. This includes but is not limited to:

Attacking or attempting to gain unauthorised access to servers and services that belong to PCGuys or its customers (i.e. computer hacking), and/or
Participating in behaviour which result in reprisals that adversely affect the PCGuys network or other customers' access to the PCGuys network.

PCGuys will react strongly to any use or attempted use of an Internet account or computer without the owner's authorisation. Such attempts include, but are not limited to, "Internet Scanning", password robbery, security hole scanning, port scanning, etc. Any unauthorised use of accounts or computers by a PCGuys customer, whether or not the attacked account or computer belongs to PCGuys, will result in severe action taken against the attacker. Possible actions include warnings, service suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of PCGuys is strictly prohibited.

Violations of this policy may be reported directly to the appropriate legislative / legal body.

8. Lawful Purpose

All services must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any PCGuys service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of any government export restriction in connection with use of PCGuys services or products is prohibited.

Using the PCGuys network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

9. Child Pornography on the Internet

PCGuys will cooperate fully with any criminal investigation into a Customer's violation of the Protection of Children Act 1978 concerning child pornography and the Protection of Children Act 1999 and any equivalent legislation in force. Customers are ultimately responsible for the actions of their clients over the PCGuys network and will be liable for illegal material posted by their clients.

According to the Protection of Children Act, child pornography includes any type of visual presentation (e.g. video, photographs, film) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of an explicit sexual activity concerning a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Protection of Children Act(s) may be reported to the relevant legislative body and/or law enforcement agency.

10. Unsolicited Commercial Email / Unsolicited Bulk Email (Spam)

Junk mail or Unsolicited Commercial Email (UCE), the term "spam" refers to submitting a commercial email to a large number of recipients who have not requested or opted to receive it and have no reasonable expectation to receiving email from the sender.

Email sent by a company or an organisation with whom the recipient has established a relationship, or which was requested or accepted (opt-in requirement) by the recipient is not considered spam.

Spamming is not only harmful because of its negative impact on consumer attitudes toward PCGuys, but also because it can overload PCGuys' network and disrupt service to PCGuys subscribers.

As a user of a PCGuys email service platforms

You must:

Include a conspicuous notice identifying the message as an advertisement or a commercial solicitation.
Provide a valid physical postal address in each email your send.
Include a valid email address or an unsubscribe link allowing the recipient to opt-out, either by replying to a valid return address, or by using an Internet based unsubscribe mechanism.
Process opt-out requests for at least 30 days after the sending of the commercial email and stop sending email to the requestor within 10 business days upon request.
Set up and provide PCGuys with a valid "abuse" email address in order to process any Spam positive complaint.
Comply with any regulation in force that covers direct marketing regulations.

You may not:

Include false, deceptive or misleading header information, including a false domain name or address.
Send emails with a false, deceptive, or misleading subject line.
Include sexually explicit content in your email.
Add an address into your list without the subscriber's permission.
Maintain an email address in your list for which an opt-out request has been received.
Use lists older than 6 months without obtaining a confirmation of the subscriber's permission.
Harvest email addresses from websites or web services.
Generate email address by using a dictionary attack combining letters and numbers into multiple permutations.
Use scripts or automated ways to register for multiple email or user accounts to send commercial emails.
Relay emails through a computer or network without permission.
Use your subscription form to subscribe users for an unrelated list or to send them content differing from the one they have agreed to.
Send emails with added words/characters in an attempt to bypass Bayesian filters.
Send, or attempt to send, Spam of any kind from third-party networks using a return email address that is hosted on the PCGuys Network or referencing an email address hosted on the PCGuys Network.
Send email messages which result in complaints from the recipient or from the recipient's email provider, or which result in blacklisting of the sender's email address or mail server.
Send email messages which are excessive and/or intended to harass or annoy others.
Continue to send email to a recipient that has indicated that he/she does not wish to receive it.
Take any actions intended to cloak the User's identity or contact information, including but not limited to intentionally omitting, deleting, forging or misrepresenting message headers or return addresses.
Take any other action that results in blacklisting of the sender's email address or mail server, or negatively impacts other Users who use the Email service.

In the absence of positive, verifiable proof to the contrary by a User, PCGuys will consider complaints by recipients of emails to be conclusive that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.

11. Disclaimer

PCGuys reserves the right to test portions of any customer's email list in response to complaints and request opt-in information from a random sample of that list at any time.
PCGuys reserves the right to determine in its sole discretion the validity of any customer's email list. Any list PCGuys determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
PCGuys reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at PCGuys.
If PCGuys determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then PCGuys may immediately suspend or terminate the customer's service.

12. IP Address Overlap

PCGuys administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by PCGuys staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

13. Suspension

If PCGuys in its sole discretion determines that a customer's server has become the source or target of any violation concerning the PCGuys Acceptable Use Policy (AUP), PCGuys reserves the right to suspend network access to that server. While PCGuys will attempt to contact the customer before suspending network access to the customer's server(s), prior notification to the customer is not assured. In certain cases, PCGuys will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period.

14. Cancellation

PCGuys reserves the right to cancel service at any time if inappropriate activity is detected. All accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Any violation of policies which results in extra costs will be billed to the customer (i.e., transfer, space etc.).

15. Indemnification

PCGuys wishes to emphasise that in signing the Master Services Agreement or its equivalent, customer indemnifies PCGuys for any violation of the Master Services Agreement or its equivalent and any law or AUP that results in loss to PCGuys or the bringing of any claim against PCGuys by any third-party. This means that if PCGuys is sued because of a customer or a customer of a customer's activity, the customer will pay any damages awarded against PCGuys, plus costs and reasonable legal fees and costs.

16. Disclaimer of Responsibility

PCGuys is under no duty to vet each customer's or user's activities to determine if a violation of the AUPs has occurred, nor does it assume any responsibility through its AUPs to monitor or police Internet-related activities. PCGuys disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All Sub-Networks, resellers and managed servers of PCGuys must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

Contact Information

PCGuys Telecom
2 Sellers Close
Borehamwood
Herts
WD6 5RD
United Kingdom

Phone: +44 203 286 3030
Email: support@pcguystelecom.com
Dedicated Server Support: servers@pcguystelecom.com