TERMS OF SERVICE
Cilix Limited
Last Updated: 17th January 2026
TERMS OF SERVICE
Cilix Limited
Last Updated: 17th January 2026
1. Introduction
1.1 These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “you”, or “your”) and Cilix Limited, a company registered in England and Wales under company number 5101039, with its registered office at 269 Farnborough Road, Farnborough, Hants GU14 7LY (“we”, “us”, “our”, or “the Company”).
1.2 By ordering, accessing, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
1.3 We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services following any changes constitutes acceptance of those changes.
2. Definitions
2.1 “Services” means the virtual private server (VPS) hosting, dedicated server hosting, web hosting, colocation, business broadband, ethernet leased lines, IP transit, DDoS protection, wholesale managed broadband, and any related services provided by us.
2.2 “Hosting Services” means virtual private server (VPS) hosting, dedicated server hosting, web hosting, and colocation services.
2.3 “Connectivity Services” means business broadband and ethernet leased line services.
2.4 “IP Transit Services” means the provision of IP transit connectivity, including committed and burstable bandwidth, BGP routing, and associated network services as described in the applicable Service Order Form.
2.5 “DDoS Protection Services” means the provision of distributed denial-of-service detection, mitigation, and protection services, including flow-based analysis, FlowSpec-based filtering, and any associated scrubbing or rate-limiting capabilities, as described in the applicable Service Order Form.
2.6 “Service Order Form” or “SOF” means the document setting out the specific service configuration, pricing, and terms applicable to a particular order, which forms part of these Terms.
2.7 “Infrastructure” means our servers, network equipment, data centre facilities, and associated hardware and software systems.
2.8 “Node” means a physical server or hypervisor on which multiple customer services may be provisioned.
2.9 “Acceptable Use Policy” or “AUP” means the acceptable use policy set out in Section 6 of these Terms.
2.10 “Fair Use Policy” means the bandwidth and resource usage policy set out in Section 7 of these Terms, which applies to Hosting Services only.
2.11 “Committed Bandwidth” means the minimum bandwidth capacity guaranteed to you under an IP Transit service, as specified in the applicable Service Order Form.
2.12 “Service Bandwidth” means the maximum port speed or bandwidth capacity available to you under an IP Transit service, as specified in the applicable Service Order Form.
2.13 “95th Percentile” means the billing methodology whereby traffic samples are collected at regular intervals, sorted by volume, and the top 5% of samples are discarded, with billing based on the next highest value.
2.14 “Protected Prefix” means an IP address prefix (IPv4 or IPv6) covered by DDoS Protection Services as specified in the applicable Service Order Form.
2.15 “Wholesale Managed Broadband Services” or “Wholesale Broadband Services” means the provision of managed Layer 3 broadband Circuits, including subscriber session termination, IP address assignment, DNS resolution, and transport to a Handoff Point, as described in Section 8A.
2.16 “Third-Party Network” means a telecommunications network not owned or operated by us, over which some or all of a Service is delivered, including but not limited to OFNL (Openreach Fibre Networks Limited) passive optical network infrastructure.
2.17 “Handoff Point” means the physical point of demarcation on our network at which Wholesale Broadband Circuits are presented to you, as specified in the applicable Service Order Form.
2.18 “Circuit” means an individual managed broadband connection provisioned and operated by us to serve a single end-user premises or unit, including subscriber session termination, IP address assignment, and DNS, delivered as part of a Wholesale Broadband Service.
2.19 “Minimum Commitment” means the minimum number of active Circuits or minimum monthly revenue that you commit to maintain, as specified in the applicable Service Order Form.
2.20 “Wholesale Customer” means a Customer who purchases Wholesale Broadband Services for the purpose of resale or provision to its own end users.
3. Services and Service Level Agreement
3.1 Service Provision
3.1.1 We shall provide the Services as described in your order confirmation, applicable Service Order Form, and any applicable service specification.
3.1.2 We aim to maintain a network uptime of 99.99% measured on a monthly basis, excluding scheduled maintenance windows and circumstances beyond our reasonable control. Where Services are delivered in whole or in part over a Third-Party Network, the availability target shall be as specified in the applicable Service Order Form and shall be subject to the availability and performance of the underlying Third-Party Network.
3.1.3 Scheduled maintenance will be notified to customers via email with at least 48 hours’ notice where reasonably practicable, except in cases of emergency maintenance required to protect the integrity or security of our Infrastructure.
3.2 Support
3.2.1 Technical support is available via our ticketing system and, where applicable, telephone support during business hours.
3.2.2 We will use reasonable endeavours to respond to support requests within the timeframes specified in your service level agreement, where applicable.
3.3 Service Credits
3.3.1 In the event of downtime exceeding our uptime commitment, customers shall be entitled to service credits as set out in the applicable Service Level Agreement or Service Order Form.
3.3.2 Service credits must be claimed in writing within 30 days of the incident. Service credits shall be applied as a credit to the next invoice and shall not exceed 100% of the monthly charges for the affected Service in the relevant month.
4. Customer Obligations
4.1 You are responsible for all activity that occurs under your account and for the security of your account credentials.
4.2 You must provide accurate and complete registration information and maintain the accuracy of such information.
4.3 You must promptly notify us of any unauthorised use of your account or any other breach of security.
4.4 You are solely responsible for:
(a) The content you host, store, transmit, or make available through our Services;
(b) Maintaining appropriate backups of your data;
(c) Ensuring your use of the Services complies with all applicable laws and regulations;
(d) Securing and maintaining your own systems, applications, and software installed on our Services.
4.5 You acknowledge that we do not provide managed services unless expressly agreed in writing, and that the administration, security, and maintenance of your VPS or server environment is your responsibility.
5. Payment Terms
5.1 Fees and Invoicing
5.1.1 Fees for Services are as set out in your order confirmation, applicable Service Order Form, or as otherwise agreed in writing.
5.1.2 All fees are exclusive of VAT, which will be charged at the applicable rate where required.
5.1.3 Invoices are issued in advance and are payable within 14 days of the invoice date, unless an alternative payment period is specified in the applicable Service Order Form.
5.2 Payment Methods
5.2.1 Payment may be made by bank transfer, direct debit, or such other methods as we may accept from time to time.
5.2.2 We may require payment by direct debit for certain services or account types.
5.3 Late Payment
5.3.1 We reserve the right to suspend Services if payment is not received by the due date.
5.3.2 We may charge interest on overdue amounts at the rate of 4% above the Bank of England base rate, calculated daily from the due date until payment is received.
5.3.3 We reserve the right to recover reasonable costs incurred in collecting overdue payments.
5.4 Refunds
5.4.1 Fees are non-refundable except where required by law or expressly stated in these Terms.
5.4.2 New customers may be entitled to a refund within the first 14 days of service if they are not satisfied, subject to our refund policy.
5.5 Annual Price Review
5.5.1 We may increase fees annually on each anniversary of the service commencement date by the greater of: (a) the percentage increase in the Consumer Price Index (CPI) as published by the Office for National Statistics for the 12-month period ending in the most recently published figure prior to the anniversary date; or (b) zero. We shall give you not less than 60 days’ written notice of any such increase.
5.5.2 Where a Service is delivered over a Third-Party Network and the Third-Party Network operator increases its wholesale charges to us, we may pass through such increase to you in addition to the annual CPI adjustment, provided we give you not less than 60 days’ written notice and provide reasonable evidence of the Third-Party Network cost increase.
5.5.3 Any fee increase beyond the annual CPI adjustment and permitted Third-Party Network pass-through shall require 90 days’ written notice. You may terminate the affected Service without early termination charges by giving 30 days’ notice within that 90-day period.
6. Acceptable Use Policy
6.1 Prohibited Activities
6.1.1 You must not use our Services for any unlawful purpose or in any way that breaches any applicable local, national, or international law or regulation.
6.1.2 The following activities are strictly prohibited:
(a) Illegal Content: Hosting, distributing, or linking to any content that is illegal under the laws of England and Wales, including but not limited to child sexual abuse material, content promoting terrorism, or content infringing intellectual property rights;
(b) Malicious Activities: Distributing malware, viruses, trojans, or other malicious code; operating botnets; conducting phishing attacks; or engaging in any form of cyber attack;
(c) Network Abuse: Conducting denial-of-service (DoS) attacks, port scanning, or any activity that disrupts or interferes with our Infrastructure or the services of third parties;
(d) Spam: Sending unsolicited bulk email, operating open mail relays, or any activity in violation of the Privacy and Electronic Communications Regulations 2003;
(e) Fraud: Engaging in fraudulent activities, identity theft, or misrepresentation;
(f) Resource Abuse: Cryptocurrency mining on shared or VPS infrastructure unless expressly permitted; running applications designed to exploit or abuse server resources;
(g) Proxy/VPN Abuse: Operating open proxies or VPN services for the purpose of facilitating illegal activity or abuse.
6.2 Content Responsibility
6.2.1 You are solely responsible for ensuring that all content hosted on our Services complies with applicable laws and these Terms.
6.2.2 We reserve the right, but are not obligated, to remove or disable access to any content that we reasonably believe violates these Terms or applicable law.
6.3 Reporting Abuse
6.3.1 If you become aware of any misuse of our Services, you must report it to us immediately at [email protected].
7. Fair Use Policy — Bandwidth and Resources (Hosting Services Only)
7.1 Scope
7.1.1 This Fair Use Policy applies to Hosting Services only, including virtual private servers, dedicated servers, web hosting, and colocation.
7.1.2 This Fair Use Policy does not apply to Connectivity Services, IP Transit Services, DDoS Protection Services, or Wholesale Broadband Services. Business broadband and ethernet leased line services are provided with the bandwidth speeds specified in your order confirmation and are not subject to the usage restrictions set out in this section. IP Transit Services are subject to the terms set out in Section 9. Wholesale Broadband Services are subject to the terms set out in Section 8A.
7.2 Unmetered Bandwidth
7.2.1 Where Hosting Services are described as including “unmetered” or “unlimited” bandwidth, such bandwidth is provided subject to this Fair Use Policy.
7.2.2 “Unmetered” bandwidth means that we do not impose fixed monthly data transfer limits under normal usage conditions. It does not mean unlimited or unrestricted bandwidth.
7.3 Fair Use Principles
7.3.1 Our Infrastructure is shared among multiple customers. The Fair Use Policy exists to ensure that all customers receive consistent, high-quality service and that no single customer’s usage adversely affects others.
7.3.2 Fair use of bandwidth means usage that is consistent with typical hosting activities, including but not limited to serving websites, applications, email, and file storage.
7.4 Excessive Usage and Impact on Other Customers
7.4.1 If your bandwidth usage negatively impacts other customers on the same node, or causes degradation to the performance, stability, or availability of shared resources, we reserve the right to take one or more of the following actions:
(a) Bandwidth Throttling: Temporarily or permanently limit the bandwidth available to your service;
(b) Traffic Deprioritisation: Deprioritise your network traffic relative to other customers during periods of network congestion;
(c) Traffic Shaping: Apply traffic management policies to specific types of traffic originating from your service;
(d) Service Suspension: Suspend your service until the issue is resolved;
(e) Migration: Require you to migrate to a dedicated server or higher-specification service at your cost.
7.4.2 We will, where reasonably practicable, notify you before taking action under this section and provide you with the opportunity to reduce your usage. However, we reserve the right to take immediate action without notice where necessary to protect our Infrastructure or other customers.
7.5 Examples of Excessive Usage
7.5.1 The following are examples of usage that may be considered excessive or in breach of this Fair Use Policy:
(a) Sustained high-bandwidth activities that consume a disproportionate share of available node resources;
(b) Operating public file-sharing, video streaming, or content delivery services without prior written approval;
(c) Running applications that generate excessive network traffic, CPU usage, or disk I/O that impacts other customers.
7.6 Monitoring
7.6.1 We monitor network usage to ensure the stability and performance of our Infrastructure. This monitoring is conducted in accordance with our Privacy Policy and applicable data protection legislation.
7.6.2 We do not inspect the content of your traffic, but we may analyse traffic patterns, volumes, and protocol types for network management purposes.
8. Connectivity Services — Broadband and Ethernet
8.1 Service Delivery
8.1.1 Connectivity Services delivered to you’s premises are subject to survey and availability at your premises. We will inform you of any limitations or additional requirements following our initial assessment. Connectivity Services delivered to a Handoff Point (including Wholesale Broadband Services) are not subject to premises survey but are subject to the availability of the underlying network infrastructure.
8.1.2 Installation timescales are estimates only and may be affected by factors outside our control, including third-party carrier lead times, wayleave requirements, and site readiness.
8.1.3 You are responsible for ensuring that your premises are ready for installation, including providing necessary access, power, and any internal cabling or equipment as required.
8.2 Speed and Performance
8.2.1 For ethernet leased line services, we will provide the dedicated bandwidth specified in your order confirmation.
8.2.2 For broadband services, speeds quoted are “up to” speeds, and actual performance may vary depending on factors including line length, network congestion, and equipment. We will provide an estimate of expected speeds prior to installation, where possible.
8.2.3 We do not apply fair use bandwidth restrictions to Connectivity Services. The bandwidth provided is for your use as specified in your service contract.
8.3 Service Requirements
8.3.1 You must use Connectivity Services in accordance with the Acceptable Use Policy set out in Section 6.
8.3.2 You are responsible for all equipment connected to the service and for ensuring your use complies with applicable laws and regulations.
8.3.3 We may provide router or other equipment as part of your service. Such equipment remains our property and must be returned upon termination of the service.
8.4 Faults and Maintenance
8.4.1 We will use reasonable endeavours to repair faults in accordance with the service level agreement applicable to your service.
8.4.2 Fault resolution may require access to your premises. You must provide reasonable access to enable our contractors or us to carry out repairs.
8.4.3 We are not responsible for faults caused by your equipment, internal wiring, or factors outside our network.
8.4.4 Where a Connectivity Service or Wholesale Broadband Service is delivered over a Third-Party Network, fault resolution may depend on the Third-Party Network operator’s processes and response times. We will manage all faults with the Third-Party Network operator on your behalf and keep you informed of progress. We are not responsible for delays in fault resolution that are caused by the Third-Party Network operator, provided we have raised the fault promptly and are actively managing it.
8A. Wholesale Managed Broadband Services
8A.1 Service Description
8A.1.1 Wholesale Managed Broadband Services (“Wholesale Broadband Services”) provide you with one or more managed broadband Circuits. Each Circuit is a fully managed Layer 3 service: we are responsible for subscriber termination, IP address assignment, authentication, DNS resolution, and all network functions required to deliver a routed IP broadband service to each end-user premises.
8A.1.2 Circuits are aggregated across our core network and presented to you as routed IP traffic at the Handoff Point specified in the applicable Service Order Form.
8A.1.3 The underlying access network is provided by a Third-Party Network operator. The specific Third-Party Network, access technology, site location, and number of Circuits shall be as specified in the applicable Service Order Form.
8A.1.4 The specific configuration of Wholesale Broadband Services, including the number of Circuits, speed tiers, Handoff Point location, interface type, IP addressing scheme, and pricing, shall be as set out in the applicable Service Order Form.
8A.2 Managed Service Scope
8A.2.1 We shall provide and manage the following as part of each Wholesale Broadband Circuit:
(a) Subscriber session termination, including broadband network gateway (BNG) and any associated authentication, authorisation, and accounting (AAA) functions;
(b) IP address assignment to end-user premises equipment, using address pools allocated from us’s own resources or as otherwise agreed in the applicable Service Order Form;
(c) DNS resolution services, either via our recursive resolvers or as otherwise specified in the applicable Service Order Form;
(d) Aggregation and transport of Circuit traffic from the Third-Party Network access point to the Handoff Point across our core network;
(e) Network monitoring and fault detection for the managed elements of the Service.
8A.2.2 We shall maintain and operate all equipment and systems necessary to deliver the managed elements described in clause 8A.2.1. You are not required to operate any subscriber management, BNG, or IP assignment infrastructure.
8A.2.3 We may, at its sole discretion, upgrade, replace, or modify the equipment and systems used to deliver the managed elements, provided such changes do not materially degrade the Service.
8A.2.4 The allocation of support responsibilities between us and you shall be as specified in the applicable Service Order Form. Where the Service Order Form specifies tiered support, the following framework applies unless otherwise stated:
(a) First-line support (initial fault triage, end-user contact, basic diagnostics, and ticket logging) shall be the responsibility of the party identified in the Service Order Form;
(b) Second-line support (network-layer diagnosis, BNG and session-level investigation, and fault isolation between the managed service and the Third-Party Network) shall be the responsibility of us;
(c) Third-line support (escalation to the Third-Party Network operator, core network and infrastructure fault resolution, and vendor engagement) shall be the responsibility of us.
8A.2.5 Where you are responsible for first-line support, you shall use reasonable endeavours to perform initial diagnostics before escalating to us, and shall provide us with such information as is reasonably necessary to diagnose and resolve the fault (including, at a minimum, the affected Circuit reference, fault description, and any diagnostics performed).
8A.2.6 We shall provide you with reasonable documentation, diagnostic tools or procedures, and training (where agreed in the Service Order Form) to enable you to perform your first-line support obligations effectively.
8A.3 Third-Party Network Dependency
8A.3.1 You acknowledge that Wholesale Broadband Services are delivered in whole or in part over Third-Party Network infrastructure which we do not own or control.
8A.3.2 The Supplier’s obligations in respect of service availability, fault resolution, and performance are subject to the capabilities and limitations of the underlying Third-Party Network. We shall use reasonable endeavours to procure service levels from the Third-Party Network operator that are consistent with the service levels offered to you.
8A.3.3 Where a fault or service degradation is caused by the Third-Party Network, we shall raise and manage the fault with the Third-Party Network operator on the Customer’s behalf, keep you informed of progress, and pass through to you any credits received from the Third-Party Network operator in respect of affected Circuits.
8A.3.4 We shall not be liable for any failure or degradation of the Wholesale Broadband Service that is caused by the Third-Party Network, provided we have complied with its obligations under clause 8A.3.3.
8A.4 Handoff and Demarcation
8A.4.1 Circuits shall be presented to you as routed IP traffic at the Handoff Point specified in the applicable Service Order Form. The Handoff Point is the boundary of our responsibility.
8A.4.2 We are responsible for the complete managed service chain from the Third-Party Network access point, through our BNG and core network, to the Handoff Point. This includes subscriber session management, IP addressing, DNS, aggregation, and transport.
8A.4.3 You are responsible for all equipment, connectivity, routing, and services from the Handoff Point onwards, including any cross-connect or cabling required to receive traffic at the Handoff Point.
8A.4.4 The interface type, encapsulation, routing protocol or static routing configuration, and IP addressing scheme at the Handoff Point shall be as specified in the applicable Service Order Form. We shall provide you with such technical information as is reasonably necessary to receive the Circuits.
8A.4.5 We shall assign IP address space for end-user Circuits from its own allocations unless otherwise agreed. You may request the use of Customer-assigned IP address space, subject to our technical assessment and agreement. IP address assignments are documented in the applicable Service Order Form.
8A.5 Provisioning and Cessation
8A.5.1 You may request activation, modification, or cessation of individual Circuits by submitting an order via the method specified in the applicable Service Order Form or as otherwise agreed between the parties.
8A.5.2 Activation of a Circuit includes provisioning of the subscriber session on our BNG, assignment of IP addressing, configuration of the associated access port on the Third-Party Network, and any necessary routing changes at the Handoff Point.
8A.5.3 We shall use reasonable endeavours to activate, modify, or cease Circuits within the lead times specified in the applicable Service Order Form, subject to the Third-Party Network operator’s provisioning processes.
8A.5.4 Where you require bulk activation of Circuits (for example, at the initial go-live of a development or site), the parties shall agree a project plan and timeline in advance.
8A.5.5 You shall provide us with not less than 30 days’ notice of anticipated bulk activations or cessations exceeding 10 Circuits.
8A.5.6 You may request changes to the speed tier of an active Circuit. Such changes shall be treated as a modification order and are subject to the lead times and any charges specified in the applicable Service Order Form.
8A.6 Minimum Commitment
8A.6.1 Where a Minimum Commitment is specified in the applicable Service Order Form, you commit to maintaining not fewer than the specified number of active Circuits throughout the Minimum Term.
8A.6.2 Where the number of active Circuits falls below the Minimum Commitment in any billing period, you shall pay charges equivalent to the Minimum Commitment for that billing period.
8A.6.3 The Minimum Commitment may be reviewed and adjusted by written agreement of the parties, for example to reflect changes in site occupancy or phased delivery of a development.
8A.7 Resale and End-User Obligations
8A.7.1 Where you resell or provide Wholesale Broadband Circuits to its own end users, you are solely responsible for all end-user relationships, contracts, billing, support, and regulatory compliance. We provide a managed network service to you; you provide the retail broadband service to its end users.
8A.7.2 We have no contractual or regulatory relationship with your end users and shall not be liable to your end users for any matter arising from your provision of services.
8A.7.3 You shall ensure that its end-user terms include obligations that are no less restrictive than the Acceptable Use Policy set out in Section 6 of these Terms. You shall be liable for any breach of the Acceptable Use Policy by its end users.
8A.7.4 You shall cooperate promptly with us in investigating and resolving any abuse, misuse, or security incident originating from Circuits provided under this section, including taking reasonable steps to identify and remediate the source of the issue.
8A.7.5 Where you are providing services to residential end users, you are responsible for ensuring compliance with all applicable consumer protection and telecommunications regulations, including but not limited to Ofcom General Conditions, complaints handling, and alternative dispute resolution requirements.
8A.7.6 You shall not represent to your end users that we are the provider of the retail broadband service, nor use our branding or trademarks without prior written consent.
8A.8 Speed and Performance
8A.8.1 The speed tiers available for Wholesale Broadband Circuits shall be as specified in the applicable Service Order Form.
8A.8.2 Actual speeds experienced by end users may vary depending on the access technology, Third-Party Network contention, distance, and in-premises factors. We shall provide estimated speed ranges where available.
8A.8.3 Where the Third-Party Network operator provides a minimum speed guarantee for the access leg of a Circuit, that guarantee shall be passed through to you as the minimum guaranteed speed for the access portion of the Service. The specific minimum guaranteed speed, expressed as a percentage of the advertised speed tier, shall be stated in the applicable Service Order Form. We do not warrant speeds in excess of the Third-Party Network operator’s guarantee for the access portion of the Circuit.
8A.8.4 We warrant that our own managed infrastructure (including BNG, aggregation, and transport to the Handoff Point) is provisioned to support the full advertised speed tier for each active Circuit. Where a Circuit does not achieve the minimum guaranteed speed and the cause is determined to lie within our managed infrastructure rather than the Third-Party Network access leg or in-premises factors, we shall remedy the issue in accordance with the fault response times specified in the applicable Service Order Form.
8A.8.5 For the avoidance of doubt, the speed guarantee applicable to each Circuit comprises two elements:
(a) the Third-Party Network access leg, which is subject to the Third-Party Network operator’s minimum speed guarantee as specified in the Service Order Form; and
(b) our managed infrastructure (BNG to Handoff Point), which we warrant shall support the full advertised speed tier and shall not be the constraining factor on Circuit performance.
8A.8.6 Where an end user consistently receives speeds below the minimum guaranteed speed and the cause is attributable to the Third-Party Network access leg, the Customer’s remedy shall be subject to the Third-Party Network operator’s speed guarantee and complaints process. We shall assist the Customer in raising and pursuing speed complaints with the Third-Party Network operator on the Customer’s behalf.
8A.8.7 We do not apply fair use bandwidth restrictions or traffic shaping to Wholesale Broadband Services at the Handoff Point. Any traffic management applied by the Third-Party Network operator is outside our control.
8A.8.8 We reserve the right to implement reasonable traffic management measures on the managed elements of the Service where necessary to maintain network stability, mitigate security threats, or comply with legal obligations. We shall notify you of any such measures as soon as reasonably practicable.
8A.9 Network Changes and Maintenance
8A.9.1 We shall give you not less than 5 business days’ notice of planned maintenance that may affect Wholesale Broadband Services, except in cases of emergency maintenance required to protect the integrity or security of our network.
8A.9.2 We shall use reasonable endeavours to schedule planned maintenance outside of peak hours (defined as 18:00–23:00 Monday to Sunday) and to minimise the duration and impact of any service interruption.
8A.9.3 Where we become aware of planned maintenance on the Third-Party Network that may affect Wholesale Broadband Services, we shall notify you as soon as reasonably practicable.
8A.10 Early Termination
8A.10.1 If you terminate this Agreement or Wholesale Broadband Services during the Minimum Term other than for cause under Section 13.2.1(a) or Section 16, you shall pay early termination charges calculated as follows:
(a) 100% of the remaining Minimum Commitment charges for months falling within the first 12 months of the remaining Minimum Term;
(b) 50% of the remaining Minimum Commitment charges for months falling within months 13 to 24 of the remaining Minimum Term;
(c) 25% of the remaining Minimum Commitment charges for months falling within month 25 onwards of the remaining Minimum Term.
8A.10.2 Early termination charges under this section are in addition to any outstanding charges due up to the date of termination.
8A.11 Service Levels
8A.11.1 Service levels for Wholesale Broadband Services, including availability targets, fault response and fix times, and service credits, shall be as specified in the applicable Service Order Form.
8A.11.2 Where the Service Order Form does not specify service levels for Wholesale Broadband Services, the general service level commitments in Section 3 shall apply, subject to the Third-Party Network limitations set out in clause 8A.3.
8A.11.3 For the avoidance of doubt, our service level obligations cover the managed elements of the Service (BNG, IP assignment, DNS, aggregation, transport to the Handoff Point) and do not extend to the Third-Party Network access layer or to any equipment or services beyond the Handoff Point.
9. IP Transit Services
9.1 Service Description
9.1.1 IP Transit Services provide you with connectivity to the global Internet via our autonomous system (AS215638), including the exchange of IP traffic through Border Gateway Protocol (BGP) sessions between our network and your network.
9.1.2 The specific configuration of IP Transit Services, including Committed Bandwidth, Service Bandwidth, interface type, demarcation points, and pricing, shall be as set out in the applicable Service Order Form.
9.2 Bandwidth and Pricing
9.2.1 IP Transit Services are provided with a Committed Bandwidth and a Service Bandwidth as specified in the applicable Service Order Form. The Committed Bandwidth represents the minimum guaranteed capacity. The Service Bandwidth represents the maximum port capacity available for burstable traffic.
9.2.2 Where the pricing model is specified as “Fixed CDR & Burst” in the applicable Service Order Form, billing shall be calculated as follows:
(a) Traffic usage is measured using the 95th Percentile methodology applied at the port level;
(b) If the 95th Percentile usage is at or below the Committed Bandwidth, the monthly charge shall be calculated as the Committed Bandwidth multiplied by the Base Rate;
(c) If the 95th Percentile usage exceeds the Committed Bandwidth, the monthly charge shall be the sum of: (i) the Committed Bandwidth multiplied by the Base Rate; and (ii) the excess usage above the Committed Bandwidth multiplied by the Burst Rate.
9.2.3 The Base Rate, Burst Rate, and any other applicable charges shall be as specified in the applicable Service Order Form.
9.2.4 We reserve the right to adjust pricing upon 30 days’ written notice, subject to the terms of the applicable Service Order Form.
9.3 Demarcation and Interconnection
9.3.1 Each IP Transit service shall have an A End (our demarcation point) and a B End (your demarcation point) as specified in the applicable Service Order Form.
9.3.2 We are responsible for the service up to the A End demarcation point. You are responsible for all equipment, cabling, and connectivity from the B End demarcation point onwards.
9.3.3 The physical interface type and connector type shall be as specified in the applicable Service Order Form. Errors in demarcation or interface specification are the most common cause of provisioning delays; you should verify these details carefully before signing the Service Order Form.
9.3.4 Where the A End and B End are located within the same data centre facility, cross-connect cabling between the parties’ respective racks or demarcation points may be required. Any cross-connect charges levied by the data centre operator shall be the responsibility of the party specified in the Service Order Form or, in the absence of such specification, you.
9.4 BGP Routing
9.4.1 We will establish BGP sessions with you as required for the delivery of IP Transit Services. The Customer must operate a valid, publicly registered autonomous system number (ASN) and announce only IP prefixes that are duly registered and authorised for announcement by you.
9.4.2 The Customer must maintain accurate entries in an Internet Routing Registry (IRR) for all announced prefixes and must keep their AS-SET and associated route objects up to date.
9.4.3 We apply prefix filters based on IRR data and reserve the right to reject announcements that do not match registered route objects. Changes to prefix filters may be requested via our support channels and will be applied within a reasonable timeframe.
9.4.4 We reserve the right to withdraw transit for specific prefixes if we determine, in our reasonable opinion, that such prefixes are being used in connection with malicious activity, are causing routing instability, or are in violation of these Terms or the Acceptable Use Policy.
9.5 Network Management
9.5.1 We will use reasonable endeavours to maintain the performance and availability of IP Transit Services. The Fair Use Policy set out in Section 7 does not apply to IP Transit Services.
9.5.2 We monitor traffic volumes on IP Transit ports for billing and capacity planning purposes. We do not inspect the content of traffic.
9.5.3 We reserve the right to implement traffic management measures, including rate limiting or traffic engineering, in response to network congestion, security incidents, or abuse, in each case with a view to maintaining overall network stability.
9.6 Contract Term and Termination
9.6.1 The contract type, term, rolling period, and notice period for IP Transit Services shall be as specified in the applicable Service Order Form.
9.6.2 Where the Service Order Form specifies a rolling contract, the service shall continue on a rolling basis for the period specified until terminated by either party giving written notice in accordance with the notice period stated in the Service Order Form.
9.6.3 If you have ordered any cabling between your equipment and our equipment in connection with IP Transit Services, we may disconnect such cabling after 7 days from the expiry or termination of the service linked to that cabling.
10. DDoS Protection Services
10.1 Service Description
10.1.1 DDoS Protection Services provide you with detection and mitigation of distributed denial-of-service attacks targeting your IP address prefixes.
10.1.2 The scope of DDoS Protection Services, including the number of Protected Prefixes, detection methodology, mitigation actions, and any associated service levels, shall be as described in the applicable Service Order Form and any supplementary service documentation.
10.2 Protected Prefixes and Allocation
10.2.1 Each DDoS Protection service includes an allocation of Protected Prefixes at no additional charge, as specified in the applicable Service Order Form.
10.2.2 Additional Protected Prefixes beyond the included allocation shall be billed at the overage rate specified in the applicable Service Order Form, per prefix per month.
10.2.3 You are responsible for notifying us of the IP prefixes to be protected and for maintaining accurate records of their protected prefix allocations.
10.3 Detection and Mitigation
10.3.1 We employ flow-based traffic analysis and automated detection systems to identify potential DDoS attacks targeting Protected Prefixes.
10.3.2 Upon detection of an attack, we may apply mitigation actions which may include, but are not limited to, BGP FlowSpec-based filtering, traffic discard, rate limiting, or traffic scrubbing via dedicated mitigation infrastructure.
10.3.3 The specific mitigation actions applied will depend on the nature and severity of the attack, and we reserve the right to select the appropriate mitigation strategy in our reasonable discretion.
10.3.4 While we use reasonable endeavours to detect and mitigate DDoS attacks effectively, we do not guarantee the complete prevention or elimination of all attack traffic. The nature, scale, and sophistication of DDoS attacks vary, and some residual impact may occur during detection and mitigation.
10.4 Customer Responsibilities
10.4.1 The Customer must ensure that the IP prefixes submitted for protection are legitimately held and authorised for use by you.
10.4.2 The Customer must promptly inform us of any changes to their protected prefix requirements, including additions, removals, or re-numbering of protected address space.
10.4.3 You acknowledge that DDoS Protection Services are designed to complement, not replace, your own security measures. The Customer remains responsible for implementing appropriate network security practices, including firewalling, access controls, and application-layer protections.
10.5 Reporting and Visibility
10.5.1 Where available, we may provide you with access to a dashboard or reporting interface showing detection events, mitigation actions, and traffic analytics related to their Protected Prefixes.
10.5.2 Detailed incident reports may be provided upon request following significant mitigation events, subject to availability and at our reasonable discretion.
10.6 Limitations
10.6.1 DDoS Protection Services are provided on a reasonable endeavours basis. We shall not be liable for any loss or damage arising from:
(a) DDoS attacks that exceed the capacity of our mitigation infrastructure;
(b) Attacks utilising novel or previously unknown attack vectors;
(c) Attacks targeting application-layer (Layer 7) vulnerabilities, unless application-layer protection is expressly included in your service;
(d) Delays in detection or mitigation arising from the nature or characteristics of the attack traffic;
(e) Collateral impact to legitimate traffic caused by mitigation actions applied in good faith.
10.6.2 Our total liability in respect of DDoS Protection Services is subject to the general limitation of liability set out in Section 14 of these Terms.
11. Data Protection and Privacy
11.1 We process personal data in accordance with our Privacy Policy, available on our website, and in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
11.2 You are responsible for ensuring that your use of our Services complies with applicable data protection legislation, including where you act as a data controller in respect of personal data stored or processed using our Services.
11.3 Where we process personal data on your behalf, we will do so as a data processor and in accordance with any applicable data processing agreement.
12. Intellectual Property
12.1 All intellectual property rights in our Services, Infrastructure, software, documentation, and branding remain our property or that of our licensors.
12.2 You retain all rights to your content hosted on our Services. By using our Services, you grant us a limited licence to store, transmit, and display your content solely for the purpose of providing the Services.
12.3 You warrant that your content does not infringe the intellectual property rights of any third party.
13. Suspension and Termination
13.1 Suspension by Us
13.1.1 We may suspend your Services immediately and without notice if:
(a) You breach any provision of these Terms, including the Acceptable Use Policy or Fair Use Policy;
(b) Your use of the Services poses a security risk to us or any third party;
(c) We are required to do so by law or by a regulatory authority;
(d) Your account is overdue for payment.
13.1.2 We will use reasonable endeavours to notify you of any suspension and the reasons for it as soon as practicable.
13.2 Termination by Us
13.2.1 We may terminate your Services:
(a) Immediately, for material or repeated breaches of these Terms;
(b) On 30 days’ written notice.
13.3 Termination by You
13.3.1 You may terminate your Services at any time by providing written notice in accordance with your service contract, applicable Service Order Form, or, in the absence of a minimum term, on 30 days’ notice.
13.3.2 Where a minimum contract term applies and you terminate before expiry of that term other than for cause, early termination fees shall be payable. Unless a specific early termination formula is set out in the applicable Service Order Form or in the service-specific terms (including Section 8A.10 for Wholesale Broadband Services), the early termination fee shall be equal to 50% of the remaining charges that would have been payable for the unexpired portion of the minimum term, calculated at the rates applicable at the date of termination.
13.4 Effect of Termination
13.4.1 Upon termination or expiry of Services:
(a) All rights granted to you under these Terms shall cease;
(b) You must pay all outstanding fees due up to the date of termination;
(c) We will delete your data within 30 days unless otherwise agreed or required by law.
13.4.2 You are responsible for retrieving your data prior to termination. We are not obliged to provide access to your data following termination.
13.4.3 If you have ordered any cabling between your equipment and our equipment, we may disconnect such cabling after 7 days from the expiry or termination of the service linked to that cabling.
14. Limitation of Liability
14.1 Exclusions
14.1.1 Nothing in these Terms excludes or limits our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any other liability that cannot be excluded or limited by applicable law.
14.2 Service Limitations
14.2.1 We do not warrant that the Services will be uninterrupted, error-free, or free from security vulnerabilities.
14.2.2 We are not liable for any loss or damage arising from:
(a) Your failure to maintain adequate backups;
(b) Unauthorised access to your account resulting from your failure to secure your credentials;
(c) Your breach of these Terms or applicable law;
(d) Circumstances beyond our reasonable control.
14.3 Liability Cap
14.3.1 Subject to Section 14.1, our total aggregate liability to you in respect of all claims arising under or in connection with these Terms shall not exceed the fees paid by you in the 12 months preceding the claim.
14.4 Indirect Losses
14.4.1 Subject to Section 14.1, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or loss of goodwill, even if we have been advised of the possibility of such damages.
15. Indemnification
15.1 You agree to indemnify, defend, and hold harmless Cilix Limited, its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) Your use of the Services;
(b) Your breach of these Terms;
(c) Your violation of any applicable law or the rights of any third party;
(d) Any content you host, store, or transmit using our Services.
16. Force Majeure
16.1 We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, power failures, internet or telecommunications failures, cyber attacks, pandemics, or industrial action.
17. Service Order Forms
17.1 Where a Service Order Form is issued in connection with any Service, the Service Order Form shall form part of these Terms and shall be read in conjunction with them.
17.2 In the event of any conflict between the terms of a Service Order Form and these Terms, the Service Order Form shall prevail to the extent of the conflict, unless the conflicting provision relates to a matter covered by the Acceptable Use Policy, in which case these Terms shall prevail.
17.3 You may request changes to a Service described in a Service Order Form by sending an email to the Cilix contact person identified in the Service Order Form. We shall have the right to accept or reject the change request and to impose additional charges in accordance with our standard pricing.
17.4 The person signing a Service Order Form on behalf of the Customer represents that they are a duly authorised representative of the Customer and have the authority to legally bind you.
17.5 A Service Order Form for Wholesale Broadband Services shall include, at a minimum: the site address and number of Circuits; the Third-Party Network operator and access technology; the Handoff Point location, interface type, and routing or encapsulation method; the IP addressing scheme (Supplier-assigned or Customer-assigned); DNS arrangements; the speed tiers available; the allocation of support responsibilities (including which party is responsible for first-line support); the Minimum Commitment; the Minimum Term; pricing per Circuit; provisioning lead times; and the applicable service level targets. Any field not specified in the Service Order Form shall default to the terms set out in Section 8A and the general terms of this Agreement.
18. General Provisions
18.1 Entire Agreement
18.1.1 These Terms, together with any Service Order Forms, order confirmations, and applicable policies, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.
18.2 Severability
18.2.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18.3 Waiver
18.3.1 Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
18.4 Assignment
18.4.1 You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
18.4.2 We may assign or transfer our rights and obligations under these Terms to any third party without your consent, provided that such assignment does not materially diminish your rights under these Terms.
18.5 Third Party Rights
18.5.1 These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
18.6 Notices
18.6.1 Notices to us must be sent to [email protected] or by post to our registered office.
18.6.2 Notices to you will be sent to the email address associated with your account.
19. Governing Law and Jurisdiction
19.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
19.2 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
20. Contact Information
For questions about these Terms, please contact us at:
Cilix Limited
269 Farnborough Road
Farnborough
Hants GU14 7LY
Email: [email protected]
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
