Terms of Service
Cilix Limited
Last Updated: 07 September 2025
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, 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 "Infrastructure" means our servers, network equipment, data centre facilities, and associated hardware and software systems.
2.5 "Node" means a physical server or hypervisor on which multiple customer services may be provisioned.
2.6 "Acceptable Use Policy" or "AUP" means the acceptable use policy set out in Section 6 of these Terms.
2.7 "Fair Use Policy" means the bandwidth and resource usage policy set out in Section 7 of these Terms, which applies to Hosting Services only.
3. Services and Service Level Agreement
3.1 Service Provision
3.1.1 We shall provide the Services as described in your order confirmation 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.
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 may be eligible for service credits as set out in our Service Level Agreement, available upon request.
3.3.2 Service credits are provided at our sole discretion and must be claimed within 14 days of the incident.
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 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 otherwise agreed.
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.
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. 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.
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 are subject to survey and availability at your premises. We will inform you of any limitations or additional requirements following our initial assessment.
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.
9. Data Protection and Privacy
9.1 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.
9.2 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.
9.3 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.
10. Intellectual Property
10.1 All intellectual property rights in our Services, Infrastructure, software, documentation, and branding remain our property or that of our licensors.
10.2 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.
10.3 You warrant that your content does not infringe the intellectual property rights of any third party.
11. Suspension and Termination
11.1 Suspension by Us
11.1.1 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.
11.1.2 We will use reasonable endeavours to notify you of any suspension and the reasons for it as soon as practicable.
11.2 Termination by Us
11.2.1 We may terminate your Services:
- (a) Immediately, for material or repeated breaches of these Terms;
- (b) On 30 days' written notice.
11.3 Termination by You
11.3.1 You may terminate your Services at any time by providing written notice in accordance with your service contract or, in the absence of a minimum term, on 30 days' notice.
11.3.2 Where a minimum contract term applies, early termination fees may be payable.
11.4 Effect of Termination
11.4.1 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.
11.4.2 You are responsible for retrieving your data prior to termination. We are not obliged to provide access to your data following termination.
12. Limitation of Liability
12.1 Exclusions
12.1.1 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.
12.2 Service Limitations
12.2.1 We do not warrant that the Services will be uninterrupted, error-free, or free from security vulnerabilities.
12.2.2 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.
12.3 Liability Cap
12.3.1 Subject to Section 12.1, our total aggregate liability to you in respect of all claims arising under or in connection with these Terms shall not exceed the greater of:
- (a) The fees paid by you in the 12 months preceding the claim; or
- (b) £100.
12.4 Indirect Losses
12.4.1 Subject to Section 12.1, 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.
13. Indemnification
13.1 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.
14. Force Majeure
14.1 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.
15. General Provisions
15.1 Entire Agreement
15.1.1 These Terms, together with any order confirmation and applicable policies, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.
15.2 Severability
15.2.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.3 Waiver
15.3.1 Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
15.4 Assignment
15.4.1 You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
15.4.2 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.
15.5 Third Party Rights
15.5.1 These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
15.6 Notices
15.6.1 Notices to us must be sent to [email protected] or by post to our registered office.
15.6.2 Notices to you will be sent to the email address associated with your account.
16. Governing Law and Jurisdiction
16.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
16.2 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.
17. 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.
