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INTERNET SERVICES PROVIDER
STANDARD TERMS AND CONDITIONS
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THESE STANDARD TERMS AND CONDITIONS APPLY TO THE
SUPPLY OF All THE SERVICES OFFERED BY THE SERVICE
PROVIDER, YOU ARE ORDERING THE SERVICE FROM, KNOWN AS
THE “SP”. NO TERMS AND CONDITIONS ENDORSED,
DELIVERED WITH, OR CONTAINED
IN THE CUSTOMER'S PURCHASE ORDER, CONFIRMATION OF
ORDER, TENDER, REQUEST FOR SERVICE, OR OTHER DOCUMENT
WILL FORM PART OF THESE TERMS AND CONDITIONS OR THE
CONTRACT BETWEEN SP AND THE CUSTOMER.
YOU MUST READ THESE TERMS AND CONDITIONS BEFORE
ACCESSING THE SP SERVICE AS YOU WILL BE DEEMED TO HAVE
ACCEPTED THEM AND TO BE BOUND BY THEM WHEN THE SP
SERVICE IS USED.
The SP may vary the Terms and Conditions or any
provision thereof at any time by giving notice via the
Website, save that SP shall have the right to vary any
provisions of Terms and Conditions without giving
notice to the customer where such change is necessary
to comply with any statutory, regulatory or insurance
requirement (including changes to the Act) coming into
force after the date of this Contract.
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Contents
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1 Definitions
2 Dial-up and Identification for accessing services
online
3 ADSL Service & ADSL ‘Wires Only’ Service
4 Additional Services
5 Domain Name Service
6 Support Service
7 Payment Terms and Security
8 Cancellation and Refund Policy
9 Suspension
10 Termination
11 Consequences of Termination
12 Indemnity
13 Acceptable Use Policy
14 Data Protection
15 General Provisions
16 Variation of Terms and Conditions
17 Disclaimer
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1 Definitions
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1.1 In these conditions the following expressions
shall have the following meaning unless the context
otherwise requires:
1.2
"ADSL Service"
means the Asymmetric Digital Subscriber Line broadband
service and agreement between the Customer and/or the
End User and the SP and subject to a 12 month
contract. This product is installed by a BT engineer;
“ADSL ‘Wires Only’ Service”
means the Asymmetric Digital Subscriber Line broadband
‘self install’ service and agreement between the
Customer and/or the End User and the SP and is subject
to a 2 month contract. This ‘self install’ product
requires additional Equipment;
"Act"
means the Telecommunications Act 1984;
“Additional Charges”
means the charges levied for the Additional Services
by the SP, from time to time as published on the Price
List on the Website;
“Additional Services”
means other hosting and mail or other internet related
service or services that are offered by the SP from
time-to-time
“ASP”
means Active Server Pages for website development and
hosting services;
“Athene”
means a dedicated or virtual server web and mail
hosting service;
“BT” means British Telecommunications plc
(Registered in England No. 1800000) whose registered
office is at 81 Newgate Street, London EC1A 7AJ
“Call”
means a signal transmitted over a telecommunications
network which is used by the originator of the signal
for the purpose of connection to the Internet;
“Charges”
means the standard charges levied by the SP from time
to time as published on the Price List on the Website;
“Conditions”
means these Standard Terms and Conditions (including
the schedules) for the provision by the SP of the
services described in this Contract;
“Contract”
means this agreement (including the schedules) between
the Customer and the SP for the provision and use of
the SP Service;
“Customer”
means any person or organisation with which the SP
enters into a agreement subject to these Conditions;
“Customer and End Customer/User Support and Sales
Ordering Telephone Number”
means an 0871 or Premium rate telephone number
provided by the SP to the Customer to enable the
Customer and the Customer’s End Users to access the
SP Support and Sales Ordering Service;
“Dial-up Service"
means connection to the SP network to access the
Internet using an 0845 local rate number or any other
number provided by the SP. (All calls are charged at
the network providers set rate)
“Domain Name”
means a Domain Name activated in the SP Service;
“Domain Release Fee”
the £29.37 (£25+VAT) administration charge made by
the SP for the release of a Domain Name registered via
the SP Service and/or attached to the IPS Tag;
“Domain Renewal Fee”
means the annual charges, payable in advance, for a
domain activated in the SP Service and/or using the SP
DNS;
“Domain Services”
means domain registration, domain renewal, domain
release and other domain services performed by SP from
time to time;
“DNS”
means the Domain Name System servers used by the SP
from time to time;
“SP”
means “Service Provider” A Internet Service
Provider offering Internet services as advertised from
time to time
“SP Network”
means the telecommunications and IP network operated
by the Service Provider;
“SP Service”
means any Service offered by the SP;
“SP Support Service”
means the online support services to be provided to
the Customer and End-Users by the SP as specified in
Clause 6 herein;
“Email”
means electronic mail;
“End User”
means any person or organisation with whom the
Customer enters into an agreement whether alone or in
conjunction with a third party and which is subject to
these Conditions;
“Equipment”
means ADSL modem or router provided by the SP for the
use with the ADSL ‘Wires Only’ service only;
“CGI”
means Common Gateway Interface for websites;
"ICSTIS"
The governing body for regulating Premium Rate Numbers
and Services
“IP Number”
Means Internet Protocol number as registered with RIPE
allocation authority for identifying a users access to
the SP network
“FRIACO”
means Flat Rate Internet Access Call Origination
service and number used for accessing the Internet
free of any per minute telephone call charges;
“Front Page Extensions”
means web hosting service for the storing and
provision of websites;
“FTP”
means File Transfer Protocol for uploading material to
the Internet;
“Internet”
means a global communications network;
“Internet Access Account”
means that a Customer or End User connecting to the
Internet using the Telephone Number provided by the SP
Network for accessing the Service;
“IPS Tag”
means ‘MINX’ the IPS tag identifying domains
controlled by the SP;
“Nominet UK”
means the recognised naming authority over the .UK
Domain Name register;
“Online Payment Facility”
means the Mercury and WorldPay secure online
credit/debit card and Direct Debit payment system or
such alternative payment system or method as deemed
suitable by the SP from time to time;
“Package”
means the bundled Package Services;
“Package Services”
means individual additional value added services which
may be subject to their own terms and conditions as
defined from time to time;
“PHP”
means Personal Home Page for website hosting;
“POP 3”
means an Email relay system and services;
“Premium Rate Number”
means a telephone call costing 50p or 75p per minute
or any other rates set by ICSTIS
“Price List”
means a list of the current prices for the SP Services
available from the Website;
“Registrar”
means the Domain Name registrar that is accredited by
the Internet Corporation for Assigned Names and
Numbers ("ICANN");
“Registrar Renewal Fees”
means the fee required from time to time by a
Registrar for the renewal of Domain Name for a further
period;
“Sales Ordering Service”
means the online telephone service supplied by the SP
where Additional Services can be ordered and paid for;
“SMTP”
means Simple Mail Transfer Protocol for relay email
messages
“SQL”
Means Standard Query Language for website hosting and
other services;
“Supported Software List”
means the list of software and applications that are
supported by the SP from time to time as published on
the Website;
“Telephone Number”
means 0845 local rate and 0870/0871 national rate,
0800 freephone and any other number that is provided
by the SP
"Website"
means the website and relevant links or other such
internet address which may
be adopted by the SP from time to time;
“WorldPay”
means WorldPay Limited (Registered in Jersey No.
69490) whose registered office is situated at 12-14
David Place, St. Helier, Jersey, JE2 4TD;
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1.3 Any reference to these Conditions or to any
provision of a statute shall be construed as a
reference to that provision as amended, re-enacted or
extended at the relevant time.
1.4 The headings in the Terms and Conditions are for
convenience only and shall not affect the
interpretation of the Terms and Conditions.
1.5 Any typographical, clerical or other error or
omission in any sales literature, quotation, Price
List, acceptance of offer, invoice or other document
or information issued by the SP shall be subject to
correction without any liability on the part of the
SP.
1.6 Reference to the singular shall include the plural
and vice versa.
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2 Dial-up and Identification for
accessing services online
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2.1 The login ID and password are unique to the
Customer. The Customer accepts that it is solely
responsible for maintaining the confidentiality of its
login ID and password. The Customer shall notify the
SP of any change of any login ID or password that it
believes that may have been compromised.
2.2 The SP shall maintain and control ownership of all
IP numbers and addresses that may be assigned to the
Customer or the End User by the SP, and the SP
reserves, in its sole discretion, the right to change
or remove any and all such IP numbers and addresses.
2.3 Local rate Dial-up internet connection service is
via accessing the SP network using an 0845 local rate
number, charged at the associated telecommunications
company tariff from time-to-time. You agree that the
SP cannot be held responsible for a 3rd party
connections to the SP network
2.4 FRIACO Dial-up internet connection service is via
accessing the SP network using an 0800/0844 Freephone
or any other telephone number provided from
time-to-time is charged at the associated
telecommunications company tariff from time-to-time.
You agree that the SP cannot be held responsible for a
3rd party connections to the SP network
2.5 Although the SP will attempt to provide the
Customer or End User with the best possible service,
the SP cannot guarantee that the Service will never be
faulty. The SP warrants that all reported faults are
dealt with in a timely and professional manner.
2.6 The Customer is responsible for all its, and that
of its End User's, use of the SP Service through the
use of its log-in ID and password. Any unauthorised
use of the SP Service and/or of the Customer's log-in
ID and password should be notified to us immediately.
2.7 The SP shall have the right at any time, in its
sole discretion, to make modifications, additions or
deletions to the SP Service. Any changes to these
Conditions shall be published on the Website.
2.8 The SP shall have the right, from time to time, to
change the Customer's log-in ID and/or password and/or
Telephone Number in order to comply with any legal or
regulatory obligation, or for the purpose of essential
network maintenance, enhancement, modernisation or
other work deemed necessary to the operation of the SP
Service, any such changes shall be notified via the
Website.
2.9 The Customer expressly permits the SP to use and
store information relating to any End User or of any
call routed through the SP Network including, without
limitation, information as to the origin, destination,
duration, route and time of calls, for the purpose of
collating statistics there from which will be of
assistance to the SP in its network and business
planning.
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3 ADSL Service & ADSL ‘Wires Only’ Service
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3.1 The ADSL Service and ADSL ‘Wires Only’ Service
is intended to provide the Customer or the End User
with high speed network access to the Internet and
will be provided to Customer or the End User at the
premises as specified on the relevant service
application form. The ADSL Service is provided on a
minimum 12 months contract and the ADSL 'Wires Only'
Service is provided on a minimum 2 months contract.
3.2 The contract for the ADSL Service and the ADSL
'Wires Only' Service starts when the SP receives the
duly completed order from the Customer or End User.
3.3 Before the SP can be certain that the ADSL Service
or the ADSL 'Wires Only' Service can be provided to
the Customer or End User the following tasks need to
be completed by the SP:
3.3.1 successfully complete a line test and survey;
and
3.3.2 if applicable, order the Equipment needed for
the Customer or the End User to use the service; and
3.3.3 successfully activate the ADSL Service or the
ADSL 'Wires Only' Service as appropriate.
3.4 If the SP cannot provide the Customer or the End
User with the ADSL Service or the ADSL 'Wires Only'
Service because one of the above cannot be
successfully completed the SP will notify the Customer
or the End User as soon as reasonably possible.
3.5 If the SP needs to arrange the installation of the
equipment by a BT engineer at the Customers or End
User's premises the SP may give some advice on the
preparation of the premises. As a minimum, the
Customer or End User will need to provide a BT PSTN
phone line and a suitable location for the BT
equipment.
3.6 If access to install the BT equipment on someone
else's premises is required in order to provide the
Customer or End User with the ADSL Service or the ADSL
'Wires Only' Service, then the Customer or End User
will need to make any necessary arrangements prior the
visit by the BT engineer.
3.7 When the BT equipment is being installed at the
Customer or End User premises the normal expectation
is that the Customer or End User will be likely to
lose their telephone service for between a few minutes
and two hours. This is because the existing connection
needs to be replaced to allow access to the ADSL
Service.
3.8 Although the SP will use all reasonable efforts to
ensure installation of the ADSL Service or the ADSL
'Wires Only' Service by the date agreed, all dates are
estimates and the SP cannot guarantee that it will
meet any target date.
3.9 To ensure that the ADSL 'Wires Only' Service
remains safe and secure, any equipment connected to or
used with the ADSL 'Wires Only' Service must be used
in accordance with all relevant instructions and all
safety and security procedures supplied.
3.10 In the event that the Customer or End User have
purchased the additional Equipment direct from the SP,
the Equipment will be pre-configured and ready for use
when delivered. The Customer or End User is expected
to install the Equipment by following the instructions
provided. Technical support is available subject to
Clause 6. All Equipment is tested prior to delivery,
however if on inspection the Equipment is found to be
faulty, the Customer or End User will be expected to
first telephone the SP using the Customer and End User
Support and Sales Ordering Telephone Number and if the
fault cannot be fixed remotely the SP may advise the
Customer or End User to contact the Equipment supplier
direct for further diagnostic checks to rectify the
problem.
3.11 The Equipment comes with a 12 months return to
base warranty as well as support from the manufacturer
and telephone support by the SP subject to Clause 6.
In the event that the equipment is found to be faulty,
the Customer or End User must obtain an authorised
returns number from the manufacturer before the
Equipment is returned to the manufacturer (not to the
SP) intact and in the original packaging. Failure to
do this may result in the manufacturer refusing to
accept the returned Equipment.
3.12 The SP will not be held responsible if the
Customer, End User or 3rd party engineer installs the
Equipment incorrectly.
3.13 In the event that the a fault is reported by the
Customer or End User and where the SP did not supply
the equipment, the SP may request that the Customer or
End User contacts the supplier of the equipment in
order to check it is functioning correctly and that it
has been correctly configured. In the event that the
fault falls outside the responsibility of the SP or
where no fault is found, the SP reserves the right to
charge the Customer or End User for any costs incurred
by the SP at its applicable man-hour rate.
3.14 If the Customer or End User has ordered the ADSL
Service or the ADSL 'Wires Only' Service as part of a
Package, then if for any reason the ADSL Service or
the ADSL 'Wires Only' Service is suspended or
terminated, the associated Package Services, including
the Domain Name Services, will also be suspended or
terminated. In the event that the Customer or End User
requests the continuation of any of the Package
Services then the Customer or End User will need to
re-apply online for the Additional Services to be
activated subject to the Price List. For the avoidance
of doubt any associated Domain Names that were
registered as part of a Package and are consequently
released or transferred to another ISP will be subject
to the Domain Release Fee.
3.15 The SP may from time to time include a domain
name as part of a Package. In the event that a
Customer or End User chooses a Package that includes a
domain name then the domain name must be registered at
the time the Customer or End User orders the Package
and no allowance will be made if this option is not
required at the time of order. If the Customer or End
User subsequently makes a request for a domain name
then this will be charged at the current price.
3.16 The SP may from time to time need to temporarily
suspend the ADSL Service or the ADSL 'Wires Only'
Service for operational reasons, repairs, planned
maintenance or upgrades. In this event the SP will
give the Customer or End User as much notice as
possible.
3.17 From time to time the SP may need to alter code,
access numbers or technical specification associated
with the ADSL Service or the ADSL 'Wires Only' Service
for operational reasons and in this event the SP will
endeavour to give the Customer or End Use as much
notice as is reasonably practical. The technical
specification will normally only be changed where this
will not aterially affect the performance of the ADSL
Service or the ADSL 'Wires Only' Service.
3.18 The SP may from time to time give the Customer or
End User instructions regarding health and safety
issues about the use of or the use on the ADSL Service
or the ADSL 'Wires Only' Service to ensure the quality
of the service we provide to you and other customers
and the Customer or End User agrees to observe and
abide by these instructions.
3.19 Although the SP will attempt to provide the
Customer or End User with the best possible service,
the SP cannot guarantee that the ADSL Service or the
ADSL 'Wires Only' Service will never be faulty. The SP
warrants that all reported faults are dealt with in a
timely and professional manner.
3.20 A set-up and monthly or annual subscription fee
is required before the ADSL Service or the ADSL 'Wires
Only' Service is activated. The set-up and monthly or
annual fee is non-refundable. The Customer or End User
agree that the application is accurate and complete.
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4 Additional Services
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4.1 Additional Services may be made available by the
SP from time to time to the Customer and the End User
and these include but are not limited to Front Page
Extensions, CGI, PHP, SQL, ASP, ODBC, Athene hosting
services, SMTP & POP3 Mail Services and other
Internet related products and services. Such
Additional Services shall be subject to Additional
Charges levied by the SP from time to time.
4.2 The Customer and the End Users shall pay for the
Additional Services online and agree to use the Online
Payment Facility or such alternative payment system as
deemed suitable by the SP from time to time, such
alternative payment system to be determined solely by
the SP.
4.3 If the Customer or End User places an order for
Additional Services, then the Customer or End User
accepts full responsibility for the order and the
accuracy of the information provided to the SP and no
allowance will be made for orders cancelled once the
SP has provided or set-up the requested Additional
Service. The Customer and End User agrees that if an
Additional Service is ordered by the Customer or the
End User that binds the SP contractually to a minimum
contract period for the Additional Service then the
Customer and End User agrees to indemnify the SP for
all monies due by the SP for the remaining period of
the said contract in the case of default or
cancellation by the Customer or End User.
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5 Domain Name Service
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5.1 The Customer and/or End User agree to provide the
following Nominet or any other Registrar required
information for the domain registration process:
5.1.1 the Domain Name requiring registration;
5.1.2 the full name (or the name of the authorised
person for contact purposes if the domain holder is an
organisation, association, or corporation), legal
status of the registrant, postal address, email
address, voice telephone number, and fax number (if
available).
5.1.3 information supplied to the SP for Domain Name
registration is true, complete and accurate, and that
incomplete applications can be refused;
5.1.4 it will notify the SP of any changes in
circumstances immediately;
5.1.5 Domain Names are offered on a first come, first
served basis, and that the SP does not accept
liability under any circumstance if a Domain Name you
intend registering has already been taken or is
refused for any reason by the registrant;
5.1.6 The SP shall not be liable to the Customer or
End User for any direct, indirect or consequential
loss suffered by any applications not being completed;
5.1.7 Domain Names are offered subject to approval by
the SP and the SP may at any time reject an
application for any reason;
5.1.8 while a Domain Name that has been registered via
the SP Service, the Domain Name must be held on the SP
DNS servers and can only be used for services offered
by the SP;
5.1.9 any fees associated with the maintenance of the
Domain Name i.e. Registrar Renewal Fees are the sole
responsibility of the Customer or End User;
5.1.10 The SP also reserve the right to charge a
Domain Release Fee if the Customer or End User should
decide to transfer a Domain Name, registered by the SP
on behalf of the Customer or End User, to another
Internet Service Provider or if the Customer or End
User requests that the DNS be altered in such a way as
to make the domain usable with another Internet
Service Provider's system;
5.1.11 it will be bound to Nominet UK and other
registrants Terms & Conditions and if ever a
dispute should arise the Customer and/or End User
agree for the disputing parties to follow the code and
practices of the registrants Dispute Resolution;
5.1.12 by registering and using a Domain Name within
the .uk Top Level Domain, the Customer and/or End User
agrees to enter into a contract of registration with
Nominet UK on the following terms and conditions at
http://www.nominet.org.uk/nominet-terms.html. This is
a separate contract to any arrangement the Customer or
End User may have with the SP;
5.1.13 if the Customer or End user request the release
of any Domain Name, registered under the SP Service,
from our IPS Tag, then the SP will not release the IPS
Tag until the administration fee (£25+VAT) is
received by the SP in cleared funds;
5.1.14 The SP shall have the unconditional and
irrevocable right to disclose the identity and address
of the Customer and/or any End User to third parties
in the event of any complaint being received by the SP
in connection with the provision of the Service, or
relating to any information of whatever nature being
transmitted by the Customer or any User via the SP
Network;
5.1.15 The SP gives no warranty or guarantee to the
Customer or End User regarding the security of any
data stored in connection with the provision of the
Service against unauthorised access or use. In the
event that the Customer or End User discovers any such
unauthorised access or use it shall immediately notify
the SP of the same whereupon the SP undertakes to take
all reasonable steps to prevent such activity, which
shall, where necessary, include alerting the proper
authorities;
5.1.16 that the SP service may at any time and without
notice to the Customer and/or End User vary the
storage capacity for the hosting of web sites, Email
and any other Additional Services;
5.1.17 it shall comply with all legal and regulatory
requirements relating to the activities it is
conducting.
5.2 In the event that the Customer or End User
contracts with the SP for the Domain Name registration
service, the SP shall use reasonable endeavours to
procure the registration of such a Domain Name as the
Customer or End User may request.
5.3 The SP shall not be liable in the event that such
requested Domain Name is not available and/or
registrable or in the event that the relevant Domain
Name regulatory authority suspends, revokes or refuses
any registration of such Domain Name.
5.4 The SP shall not act as agent for or on behalf of
the Customer or End User in any dealings with
regulatory authorities.
5.5 The Customer and/or End User acknowledge that it
shall at all times be responsible for the reoccurring
Domain Renewal Fee.
5.6 The SP will not be responsible for the payment of
Registrar Renewal Fees for any Domain Name not
attached to the IPS Tag.
5.7 The SP requires both official written confirmation
and payment of the Domain Release Fee in cleared funds
from the registrant before the release of any IPS Tag
is made or control of any Domain Name is relinquished
by the SP.
5.8 In the event that the SP receives a bona fide
request from the legal registrant of a Domain Name
with notification in the required format and with
clear instructions that the Domain Name is to be
transferred from the direct control of the SP to
another Internet Service Provider, then no
modification shall be made to the DNS records for the
Domain Name before the SP passes control of the Domain
Name to the receiving Internet Service Provider.
Deletion of any associated records on the SP servers
and the SP Service may commence without notice.
5.9 The registration and use of any Domain Name is
subject to the terms and conditions of use applied by
the relevant naming authority from time to time.
5.10 The SP shall not be liable to the Customer and/or
End User for any direct, indirect or consequential
loss, damage cost or expense including without
limitation any loss of profit, business or anticipated
savings suffered by the Customer and/or End User on
account of a failure to obtain or loss of a Domain
Name.
5.11 An application for the registration of a Domain
Name cannot be treated as having been successful until
the Customer and/or End User has been notified that
the requested Domain Name has been registered and an
entry has been made by the relevant naming authority
in their ‘whois’ database. The Customer and/or End
User agree not to take any action in respect of a
requested Domain Name until notification has been
received from the SP.
5.12 The registration of a Domain Name does not confer
any legal rights to a Domain Name or its use and any
disputes between the Customer and/or End User and a
third party are to be settled using normal legal
methods. The Customer and/or End User agrees that the
SP will not be drawn into any such argument or dispute
in any circumstances unless otherwise agreed by the
parties in writing and signed by an officer of the SP.
5.13 The SP shall not be obliged to inform the
Customer of any direct request by the registrant of a
Domain Name for the release of the IPS Tag or release
of control of a Domain Name.
5.14 The Customer and/or End User agrees that the
transfer of Domain Name registrations may be refused
if there is a dispute concerning the Domain Name or
the Domain Name holder's identity.
5.15 Failure by the SP to deliver or perform the
Domain Services as a result of non-delivery or
non-performance of services by any related third party
shall not give the Customer and/or End User any right
to delay any payment to the SP or to make any claim
whatsoever against the SP.
5.16 The Customer and/or End User agree to provide
accurate information and further agree that any of the
following actions or in-actions shall constitute a
material breach of this Contract and shall be a
sufficient basis for cancellation of the relevant
Domain Name registration and associated Additional
Services:
5.16.1 provision of inaccurate or unreliable
information by the Customer and/or End User;
5.16.2 failure to promptly update information provided
to us by the Customer and/or End User, or
5.16.3 failure to respond for over fourteen (14)
calendar days to the SP inquires concerning the
accuracy of contact details associated with the
relevant Domain Name registration by the Customer
and/or End User;
5.17 In the event that the Customer is acting as an
applicant’s or End User’s agent, the Customer
agrees to inform the applicant or End User of this
Domain Name Policy and the full Terms and Conditions
included herein, and agrees that it has the
applicant’s or End User’s full authority to accept
such Terms and Conditions on the applicant's or End
User’s behalf.
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6 Support Service
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6.1 The SP shall provide the Customer with a Customer
and End User Support and Sales Ordering Telephone
Number. This may be a premium rate number that is
regulated by ICSTIS , and charged at the current rate
as displayed on the SP web site
6.2 When the Customer or End User contacts the SP
Support Service it shall provide detailed information
on the fault and the relevant usernames and passwords
to assist SP in resolving the problem.
6.3 The SP shall provide the SP Support Service
between the hours of 8.00 am to 12 midnight Monday to
Friday and 9.00 am to Midnight Saturday and Sunday and
shall use its reasonable endeavours to respond to any
request for
the support services within eight (8) normal hours of
receipt of a request by a Customer or End User save
for all public holidays and over the Christmas and New
Year period where the SP shall operate a skeleton
staff.
6.4 The SP shall have no liability to Customers or End
Users in respect of any advice given as part of the SP
Support Service.
6.5 The SP Support Service is provided by the SP
subject to the Supported Software List as published
from time to time.
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7 Payment Terms and Security
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7.1 The charges for using the SP Service are published
by the SP from time to time on the Website. The SP may
vary these charges at any time. All Payments made by
the Customer and/or End Users shall be made free from
any and all withholdings and set-offs.
7.2 All fees and charges payable hereunder shall be
exclusive of any VAT for which the Customer and/or End
User shall be additionally liable at the applicable
rate from time to time.
7.3 Any sums due to the SP which are not paid by the
Customer or End User on the date due for payment shall
accrue interest at the rate of 4% above Base Rate from
time to time of the NatWest Bank from the date such
sums become due until the date of actual payment.
7.4 Charges for the SP Services and any other charges
that are levied on a recurring basis shall, when they
become due, be charged to the Customer's and/or End
User's credit card/debit card or such other Online
Payment Facility as appropriate. Where for any reason
payment of any recurring charge is not paid when it
falls due, the SP may exercise its rights under
Clauses 8, 9 and 10.
7.5 The SP accepts payment online via a secure server
using the Online Payment Facility in pounds sterling
by Visa, Delta, MasterCard, Eurocard, Switch or Solo.
The Customer or End User’s financial payment details
and the Customer or End User’s registration
information will be encrypted to minimise the
possibility of unauthorised access or disclosure
whilst it is on the site or being transmitted across
the Internet.
7.6 The Customer and End User may be subject to the SP
credit management procedures from time to time. The SP
may, at any time, require the Customer or End User to
pay a deposit or provide a guarantee as security
against payment of future bills.
7.7 The Customer and End User may receive a discount
if a service is paid for annually in advance. In the
event that the monthly subscription for the same or
similar service is subsequently reduced, the Customer
or End User will not entitled to any credit or refunds
in relation to the period that has been paid for in
advance.
7.8 If the Customer or End User discovers that its
details have been compromised it should:
7.8.1 inform its credit card company and the SP of the
unauthorised use as soon as it is discovered; and
7.8.2 co-operate with the credit card company and the
SP, and if necessary, the police in relation to
unauthorised use.
7.9 The Customer shall keep the SP informed
immediately of any changes in circumstances or payment
instructions.
--------------------------------------
8 Cancellation and Refund Policy
--------------------------------------
8.1 The Customer may cancel the Service by providing
30 days written notice before the date it wishes the
SP Service to terminate, such notice is to be sent by
Email to the SP email address as advertised form time
to time
8.2 If a payment falls due during the above 30 day
notice period the SP still require payment.
8.3 Cancellation of any Additional Service is subject
to the terms and conditions of the individual
Additional Services.
8.4 On cancellation any refund to the Customer or End
User shall be at the sole discretion of the SP and may
be subject to a reasonable administration fee.
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9 Suspension
------------------
9.1 The SP Service may be suspended at anytime
(including peak times) by the SP by giving notice to
the Customer and without prejudice to the SP rights of
termination under Clause 10 in the event of the
following and that the Customer has not remedied such
problems during the notice period:
9.1.1 Failure by the Customer to make any payment to
be made to the SP on its due date for payment; or
9.1.2 If the Customer does anything which jeopardises
the SP Service or any network to which the Customer is
from time to time connected; or
9.1.3 If the Customer's credit limit has been
exceeded; or
9.1.4 If the Customer is otherwise in material breach
of these conditions, which includes, without
limitation any act of fraud.
9.2 Any such suspension shall not affect the liability
of the Customer to pay the Charges and/or any other
amounts payable to the SP.
9.3 The End User account or the Customer's Service may
be suspended at anytime (including peak times) by the
SP without notice and without prejudice to the SP
rights of termination under Clause 10 in the event of
the following:
9.3.1 Failure by the Customer to make any payment to
be made to the SP on its due date for payment; or
9.3.2 If the End User does anything which jeopardises
the SP Service or any network to which the End User is
from time to time connected; or
9.3.3 If the End Users credit limit has been exceeded;
or
9.3.4 If the End User is otherwise in material breach
of these Conditions, which includes, without
limitation any act of fraud; or
9.3.5 If, at any time, the End User cancels the
FuturePay agreement.
9.4 During any period of suspension of the
Customer’s Service the SP reserves the right:
9.4.1 to refuse to release the control or IPS Tag of
any associated Domain Name; or
9.4.2 to not suspend an End User’s Service as long
as the SP is receiving payment in cleared funds from
that End User for services provided and until such
time as the End User can be migrated to another SP
Service account if applicable.
-------------------
10 Termination
-------------------
10.1 Notwithstanding any other rights the SP or the
Customer may have under these Conditions, the SP may
terminate the Contract by giving at least 7 days prior
written notice and in the event that the other party
has not remedied such problem during the notice period
if:
10.1.1 the Customer convenes a meeting of its
creditors, or a proposal is made for a voluntary
arrangement within Part I of the Insolvency Act 1986,
or a proposal is made for any other composition scheme
or arrangement with (or assignment for the benefit of)
its creditors; or
10.1.2 the Customer is unable to pay its debts within
the meaning of section 123 of the Insolvency Act 1986;
or
10.1.3 a trustee, receiver, administrative receiver or
similar officer is appointed in respect of all or any
part of the business or assets of the Customer; or
10.1.4 a petition is presented or a meeting is
convened for the purpose of considering a resolution
or other steps are taken for the winding-up of the
Customer’s business or for the making of an
administration order (otherwise than for the purpose
of an amalgamation or reconstruction); or
10.1.5 a bankruptcy petition is presented against the
Customer or it has a bankruptcy order or an interim
order made against it under the Insolvency Act or (in
Scotland) becomes bankrupt or is sequestrated; or
10.1.6 the Customer ceases, or threatens to cease, to
carry on business; or
10.1.7 any attachment order is made against the
Customer or any distress, diligence, execution or
other legal process is levied on any property of the
Customer; or
10.1.8 the Customer fails in any respect to comply
with the conditions; or
10.1.9 The Customer is in breach any of the terms in
Clause 12 below; or
10.1.10 The SP reasonably apprehends that any of the
events mentioned above is about to occur.
-----------------------------------
11 Consequences of Termination
-----------------------------------
11.1 The Customer agrees that the SP may terminate
their account and those of its End Users (including
username and password) and delete all email addresses,
emails, web space and other data stored on any servers
controlled by the SP provided that for the payment of
a reasonable fee that all the data is transferred to
the order of the Customer or his agent. Such fee to be
determined solely by the SP.
11.2 The SP reserves the right to refuse to release
the control or IPS Tag of any associated Domain Name.
-----------------
12 Indemnity
-----------------
12.1 The Customer agrees to indemnify the SP, and its
officers, directors and employees, immediately on
demand, against all claims, liability, damages, costs
and expenses, including legal fees, arising out of any
breach of these conditions by the Customer, or any of
its End Users, or any other liabilities arising out of
the Customer’s or any of its End User's use of the
SP Service.
12.2 The Customer agrees that the SP shall not be
liable in contract, tort, negligence, statutory duty
or otherwise, for any loss or damage whatsoever
arising from or in any way connected with this
Contract, including, without limitation, damage for
loss of business, loss of profits, business
interruption, loss of business information, or any
other pecuniary loss (even where we have been advised
of the possibility of such loss or damage).
-----------------------------
13 Acceptable Use Policy
-----------------------------
13.1 The Customer accepts responsibility for any
content transferred by it or any of its End Users
through the SP Network (including, but not limited to,
Email, web pages, newsgroups or chat services).
13.2 The Customer and its End Users shall not use the
SP Network or the SP Service to do any of the
following:
13.2.1 publish, post, send, link to, distribute or
disseminate defamatory, infringing, obscene, or
otherwise unlawful material or information, the
suitability of such content or material to be
determined solely by the SP;
13.2.2 publish, post, send, transmit, link to,
distribute or disseminate any information that is
obtained in breach of confidence;
13.2.3 publish, post, send, transmit, link to,
unsolicited or unauthorised advertising, promotional
materials, spam, bulk Email, chain letters,
multilevel/pyramid schemes, or any other form of
solicitation.
13.2.4 publish, post, send, transmit, link to,
distribute or disseminate material which constitutes a
violation or infringement of any person, firm or
company or the rights thereof (including, but not
limited to, third party intellectual property rights
or confidentiality);
13.2.5 publish, post, send, transmit, link to,
distribute or disseminate, make available or upload
files or software that contains a virus or corrupt
data or other harmful feature;
13.2.6 publish, post, send, transmit, link to,
distribute or disseminate mass emailing programs or
cross-posting of messages to a large number of Usenet
groups;
13.2.7 threaten, harass, stalk, abuse, disrupt or
otherwise violate the rights (including rights to
privacy or security) of others;
13.2.8 engage in illegal or unlawful activities;
13.2.9 make available or upload files that contain
software or other material, data or information not
owned by or licensed to the Customer or the End User
(as appropriate);
13.2.10 disrupt or otherwise abuse the SP Service or
the SP Network by, including but not limited to,
excessive use of CPU resources, excessive use of disk
space, excessive use of email storage space, excessive
use of web storage space, hacking of the SP Network,
the SP Service and systems, the running of packet
sniffers or port scanners, the installation and
continuous use or running of programs, such as IRC
bots and the reselling of CGI scripts;
13.2.11 falsify the true ownership of software or
other material or information contained in a file that
the Customer or End User makes available via the SP
Network or the SP Service;
13.2.12 forge or block headers and/or addresses or any
other action the purpose of which is to hide the
Customer's or End User’s true identity or discredit
a third party;
13.2.13 obtain access, through whatever means, to
restricted areas of the SP Network or the SP Service;
13.2.14 use the SP Network or the SP Service in such a
way that the whole or part of it is interrupted,
damaged, rendered less efficient or such that the
effectiveness or functionality of the SP Network or
the SP Service is in any way impaired;
13.2.15 impersonate any person or entity or
misrepresent your affiliation with anyone or entity;
13.2.16 violate any other law or regulation whilst
accessing and using the SP Network or the SP Service;
13.2.17 interfere with computer networking or
elecommunications services to any user, host or
network, including, without limitation, denial of
service attacks, flooding of a network, overloading a
service, improper seizing and abuse of operator
privileges and attempts to "crash" a host.
13.3 The SP reserves the right at its sole discretion
to allow the Customer or End User to send legitimate
bulk Email via the SP Network or the IP Service
subject to the following provisions:
13.3.1 That a prior written application by the
Customer or End User is made to the SP;
13.3.2 In the event that the SP agrees to grant
permission to the Customer or End User to send
legitimate bulk Email via the SP Network or the SP
Service, it is the sole responsibility of the Customer
or End User to obtain written permission from the SP
prior to the sending of the bulk Email;
13.3.3 A sample of the content or material to be
included in the bulk Email should be provided for the
prior approval of the SP;
13.3.4 To allow the SP to determine the date and time
of the sending of the bulk Email;
13.3.5 The SP reserves the right to make a reasonable
charge for the transmission of bulk Email via the SP
Network or the SP Service
13.4 The sending of unauthorised bulk Email via the SP
Network or the SP Service will be chargeable and such
charge to be determined solely by the SP. The SP
reserves the right to pursue compensation in cases
where abuse of the SP Network or the SP Service
results in any form of service denial and/or
blacklisting by outside agents or networks.
13.5 Whilst the SP cannot review all transmissions by
the Customer or End User, the SP reserves the right at
its sole discretion and without prior notice to
review, remove or otherwise block any material that
the Customer and/or End User post or terminate the
Customer or End User account in the SP Service as
appropriate for violating the above provisions.
13.6 The SP reserves the right to charge the Customer
or End User a reasonable fee for misuse of the SP
Service or the SP Network to include, without
limitation, clear up fees for the removal of material
uploaded by either the Customer or its End User.
13.7 The Customer and/or End User is solely
responsible for the security of any device connected
to the SP Service or the SP Network, including any
data stored on that device. The Customer and End User
are solely responsible for keeping a copy of their
scripts/files/data as backup on a remote system (not
on the SP servers or the SP Service). The SP is not
responsible for any lost or deleted scripts, files,
information, software or data whatsoever.
13.8 Excessive use of Email resources due to relaying,
receiving, or running an open relay will result in
immediate suspension of the SP Service or termination
of the End User account as appropriate and without
notice. This policy applies to all Email interfaces,
including web forms and CGI scripts.
13.9 The Customer and End User are solely responsible
for any information that is published on the web or
other Internet services. The Customer and End User
must ensure that the recipient of the content is
appropriate. For example, Customer and End User must
take appropriate precautions to prevent minors from
receiving inappropriate content. The SP and its
employees reserve the right to refuse to post or to
remove any information or materials, in whole or in
part, that it, in its sole discretion, deems to be
offensive, indecent, or otherwise inappropriate
regardless of whether such material or its
dissemination is unlawful.
13.10 Should any violation of the SP Acceptable Use
Policy occur, the SP reserves the right to terminate
the Customer or End User account in the SP service as
appropriate, without notice and without refund. The
Customer will be held responsible without limitation
for any damages to, including but not limited to, the
SP, Network, or the SP Service, servers, connectivity,
reputation, business, operations, or equipment.
13.11 The SP reserves the right to change this
Acceptable Use Policy at its sole discretion and
without prior notice.
-----------------------
14 Data Protection
-----------------------
14.1 The SP may retain the Customer's and End User's
personal data for the following purposes:
14.1.1 provision of the SP Service and Additional
Services;
14.1.2 keeping of a record for a reasonable period
after termination of the SP Service or Additional
Services;
14.1.3 operation and enforcement of these Conditions;
14.1.4 technical maintenance and support;
14.1.5 providing information about the SP Service
Additional Services;
14.1.6 legal compliance; or
14.1.7 transferring it to another company in the event
of a sale of the SP.
14.2 Without limitation, the Customer and its End
User's expressly authorise the SP to use its personal
data and other financial information in connection
with any investigation, including by disclosing it to
any third party whom the SP consider has a legitimate
interest in any investigation or its outcome.
--------------------------
15 General Provisions
--------------------------
15.1 The SP may assign the benefit or obligations
under this Contract to any third party without the
consent of the Customer or End User.
15.2 The SP may assign the benefit of the Contract to
any holding company or subsidiary company, as which
terms are defined in section 736 of the Companies Act
1985.
15.3 This Contract constitute the entire agreement
between the SP and the Customer.
15.4 Any notice required, or permitted to be given, by
either party to the other under these conditions may
be given by Email or by conventional mail at the
relevant addresses provided to each other hereunder.
Any such notice sent by Email shall be deemed served
upon receipt by the party posting the same of an
acknowledgement, and if posted using conventional
mail, 48 hours after posting.
15.5 No waiver by the SP of any breach of any
provision of this Contract shall be considered as a
waiver of any subsequent breach of the same or any
other provision.
15.6 If any provision of these conditions is held by
any competent authority to be invalid or unenforceable
in whole or in part, the validity of the other
provisions of these conditions and the remainder of
the provision in question shall not be affected.
15.7 Both parties acknowledge that no joint venture,
partnership, employment or agency relationship exists
between them as a result of this Contract or
otherwise.
15.8 Where two or more persons or bodies corporate are
stated to be the Customer, each of those persons or
bodies corporate as the case may be shall be jointly
and severally liable for the performance of the
obligations of the Customer set out in this Contract.
15.9 The SP reserves the right to send a monthly Email
to the Customer informing them of changes to the SP
Service, Additional Services and of any new services
that may become available from time to time.
15.10 In the event of any change in the Customer’s
or End User contact details (postal address, email
address, or phone number), the Customer shall supply
the SP with updated details.
15.11 These main body Conditions shall apply in
respect of each Additional Service in addition to the
special terms relating to such Additional Service.
15.12 This Contract shall be governed by English law
and the parties agree to submit to the exclusive
jurisdiction of the English courts.
-----------------------------------------
16 Variation of Terms and Conditions
-----------------------------------------
16.1 The SP may vary any of these terms and/or
Conditions from time to time by publishing such
variations on the Website.
16.2 The Customer will review the Website at least
once every 30 days to check whether any variations
have been made.
16.3 The Customer's continued use of the SP Service
will constitute the Customer's acceptance of the
variation of Terms and Conditions.
------------------
17 Disclaimer
------------------
17.1 The SP Service is provided on an "as
is" and "as available" basis, and the
SP makes no warranties or representations, whether
express or implied, in relation to it, including, but
not limited to, implied warranties that the Services
will be uninterrupted, timely, secure or error-free.
17.2 In no circumstance will the SP be liable for any
claims resulting from the use or inability to use the
SP Service - including, but not limited to, service
interruptions, client errors, Internet connectivity
problems, miscommunications, unauthorised access to
the SP Servers or the SP Network, Registrar/Nominet
problems, WorldPay problems, DNS caching problems,
Internet bandwidth congestion, power failures,
vandalism, and natural disasters or failure of any
services provided by third party companies and their
associated systems and services.
17.3 The SP excludes all liability of any kind for the
information or any other material published or
otherwise made available by the Customer, its End User
or any other person on any web site that the Customer
or End User may establish using the SP Service or the
SP Network.
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