Terms and Conditions

1. Colt’s websites, accessible at https://www.coltdatacentres.net/ and https://customerportal.coltdatacentres.net/ (the “Websites”), are operated by Colt Data Centre Services Holdings S.à r.l. (registered number B123407) whose registered address is at2a, Rue Albert Borschette, K2 Building, Forte1, L - 1246 Luxembourg (“Colt” “we”, “us”, “our”).

2. These terms relate to your use of our Websites. Other terms may apply to Services provided via our Websites, and you should check to see what specific terms apply to any Services which you use.

3. We may terminate, change or suspend any part of our Websites, including any content, features, and hours of availability or these terms at any time. Continued use of our Websites after we have made any such changes will signify your consent to the changes.

4. Copyright in the material contained in our Websites belong to Colt, its affiliates or its licensors. All rights, save as expressly granted, are reserved.

5. Colt grants to you a licence to make one free copy of the information contained herein for personal or non-commercial use only. Accordingly, unless otherwise expressly stated, no part of the Websites may be copied, performed in public, broadcast or adapted without Colt’s prior written permission. Any other use of materials on our Websites, without our prior written permission, is strictly prohibited.

6. Colt and the Colt logo and all brands and products referred to or detailed in the Websites are the trademarks of Colt or its affiliates. No rights are granted in respect of any of the above trademarks. If you are in doubt whether an item is a trademark of Colt or its affiliates, please contact us for clarification.

7. While Colt has taken every effort to ensure that the information contained within our Websites is correct and kept up-to-date, you should be aware that, at any given time, some of the information may be incomplete, inaccurate or may have become out-of-date. Colt gives no warranty or makes any representation regarding the quality, accuracy or completeness of the content of the Websites. Further, no warranty is given that our Websites will be available on an uninterrupted basis, and no liability can be accepted in respect of any losses or damages arising out of such unavailability.

8. Subject to the next paragraph, Colt excludes all liability for any kind of loss or damage that may result to you or a third party – including, without limitation, any loss of income, profits, goodwill, data, contracts or use of money whether arising in tort (including without limitation negligence), contract or otherwise – in connection with the use, inability to use, or the results of use or non-use of the Websites.

9. Nothing in these terms or the Websites shall limit our liability for fraud or death or personal injury arising out our negligence, or for any other liability which cannot be excluded or limited under applicable law.

10. The use of third party websites is entirely at your own risk. Links contained in our Websites do lead to other websites not under our control, and we accept no liability for, or endorse, the content of any linked site or any link contained in a linked site. Accordingly, you should read the terms and conditions of those websites and direct any questions or comments about the linked website’s contents to the relevant website provider.

11. You are not entitled (nor will you assist others) to set up links from your own websites to the Websites (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.

12. We are committed to protecting your privacy in accordance with our Privacy Statement. Our Privacy Statement should be read in conjunction with these terms and conditions and forms an integral part of these terms.

13. If you transmit defamatory material to the Websites this may result in criminal and/or civil proceedings being commenced against you and you shall at all times indemnify Colt against all losses, expenses, damages, costs (including reasonable legal costs) suffered or incurred by Colt in relation thereto.

14. Nothing in these terms confers on any third party any benefits under the provisions of the UK Contracts (Rights of Third Parties) Act 1999 or equivalent locally applicable laws. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to this Act or equivalent locally applicable laws.

15. Colt recommends multifactor authentication to access Colt’s application through a federated login, in addition to the required security measures, to use the services to curb any third party risks to you. If you become aware that the identity platform is compromised, you will notify Colt immediately, to ensure the damage if any is kept minimal. This will aid in preventing any data breach. Colt reserves the right to audit and suspend and/or disable the services for security risk management.

16. If any part of these terms is found to be void or unenforceable, it will be severed from the rest of the terms which shall remain unaffected.

17. You are granted access to the Websites on condition that you accept all of the above and the application of English law and the exclusive use of the English courts to govern matters in relation to the Websites subject to mandatory provisions of applicable local law. You also agree to indemnify Colt and not to hold Colt liable for the result (foreseeable or otherwise) of your actions or omissions based on material contained herein.

18. To consult our applicable Acceptable Use Policy, please go to: https://www.colt.net/legal/terms-and-conditions/#use

Last update: November 2023