INTERNET SERVICES PROVIDER
STANDARD TERMS AND CONDITIONS
NOTIFICATION OF CHANGE TO TERMS AND CONDITIONS
As a result of BT introducing an ADSL cease charge, we are amending our terms and conditions. We hereby give you notice of the amendment which will be effective from 00.00hrs on Friday 1st June 2007:
Cease clause to be amended as follows:
a. In the event that we receive a BT or third party broadband provider initiated cease notification for your broadband service you acknowledge that you will be responsible for all charges on your account to date of cease including an additional ADSL cease charge of £33.75
b. If you, and or we, request a cancellation or cease for your ADSL service, you will be responsible for all charges outstanding on your account to date of cease including an additional ADSL cease charge of £33.75
Should there be any inconsistency between your old cease clause and the new cease clause then the new cease clause prevails. Should your current terms not reflect a cease clause this is now included in your terms and conditions as a new clause "Cease Clause" as the final point/clause.
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Following Ofcom's Regulations regarding MACs, we are adding a new clause to our terms and conditions. We hereby give you notice of the following amendments which will be effective from 00.00hrs on Friday 1st June 2007:
Terms and conditions
New Clause as follows:a. In the event that you request a MAC, a final bill will be generated for payment. If payment is not received from you, you authorise us to take any outstanding payments from the credit or debit card listed on your account, or via direct debit if you pay via this method on an ongoing basis, without notice.
-----------------------------THESE STANDARD TERMS AND CONDITIONS APPLY TO THE SUPPLY OF All THE SERVICES
OFFERED BY , 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 AND THE CUSTOMER.
YOU MUST READ THESE TERMS AND CONDITIONS BEFORE ACCESSING THE SERVICES AS YOU WILL BE DEEMED TO HAVE ACCEPTED THEM AND TO BE BOUND BY THEM WHEN THE SERVICE IS USED.
may vary the Terms and Conditions or any provision thereof at any time by giving notice via the Website, save that 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 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
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 , 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 from time-to-time
“ASP”
means Active Server Pages for website development and hosting services;
“Associated Company”
means other associated companies including, but not limited to, Elite Internet
Services Limited (Registered No. 3744335) whose registered office is situated
at 195 North Street, Leeds, West Yorkshire. LS7 2AA;
“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 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 of the services described in this Contract;
“Contract”
means this agreement (including the schedules) between the Customer and
for the provision and use of Service;
“Customer”
means any person or organisation with which 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 to
the Customer to enable the Customer and the Customer’s End Users to access
Support and Sales Ordering Service;
“Dial-up Service"
means connection to the network to access the Internet using
an 0845 local rate number or any other number provided by . (All
calls are charged at the network providers set rate)
“Domain Name”
means a Domain Name activated in the Service;
“Domain Release Fee”
the £29.37 (£25+VAT) administration charge made by
for the release of a Domain Name registered via Service and/or
attached to the IPS Tag;
“Domain Renewal Fee”
means the annual charges, payable in advance, for a domain activated in
Service and/or using DNS;
“Domain Services”
means domain registration, domain renewal, domain release and other domain services
performed by from time to time;
“DNS”
means the Domain Name System servers used by from time to time;
“ Network”
means the telecommunications and IP network operated by ;
“ Service”
means any Service offered by ;
“ Support Service”
means the online support services to be provided to the Customer and End-Users
by 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 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 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 Network for accessing the Service;
“IPS Tag”
means ‘MINX’ or the IPS tag identifying domains controlled by ;
“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 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 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 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
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 ;
"Website"
means the website and relevant links or other such internet address which may
be adopted by 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 shall be subject to correction without any liability on the part of .
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 of any change of any login ID or password that it believes that may have been compromised.
2.2 shall maintain and control ownership of all IP numbers and addresses that may be assigned to the Customer or the End User by , and 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 network using an 0845 local rate number, charged at the associated telecommunications company tariff from time-to-time. You agree that cannot be held responsible for a 3rd party connections to network
2.4 FRIACO Dial-up internet connection service is via accessing the 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 cannot be held responsible for a 3rd party connections to the network
2.5 Although 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. 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 Service through the use of its log-in ID and password. Any unauthorised use of the Service and/or of the Customer's log-in ID and password should be notified to us immediately.
2.7 shall have the right at any time, in its sole discretion, to make modifications, additions or deletions to the Service. Any changes to these Conditions shall be published on the Website.
2.8 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 Service, any such changes shall be notified via the Website.
2.9 The Customer expressly permits to use and store information relating to any End User or of any call routed through the 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 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 receives the duly completed order from the Customer or End User.
3.3 Before 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 :
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 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 will notify the Customer or the End User as soon as reasonably possible.
3.5 If needs to arrange the installation of the equipment by a BT engineer at the Customers or End User's premises 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 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 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 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 using the Customer and End User Support and Sales Ordering Telephone Number and if the fault cannot be fixed remotely 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 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 ) intact and in the original packaging. Failure to do this may result in the manufacturer refusing to accept the returned Equipment.
3.12 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 did not supply the equipment, 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 or where no fault is found, reserves the right to charge the Customer or End User for any costs incurred by 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 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 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 will give the Customer or End User as much notice as possible.
3.17 From time to time 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 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 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 will attempt to provide the Customer or End User with the best possible service, cannot guarantee that the ADSL Service or the ADSL 'Wires Only' Service will never be faulty. 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 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 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 from time to time, such alternative payment system to be determined solely by .
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 and no allowance will be made for orders cancelled once 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 contractually to a minimum contract period for the Additional Service then the Customer and End User agrees to indemnify for all monies due by 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 for Domain Name registration is true, complete and accurate, and that incomplete applications can be refused;
5.1.4 it will notify of any changes in circumstances immediately;
5.1.5 Domain Names are offered on a first come, first served basis, and that 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 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 and may at any time reject an application for any reason;
5.1.8 while a Domain Name that has been registered via the Service, the Domain Name must be held on DNS servers and can only be used for services offered by ;
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 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 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 ;
5.1.13 if the Customer or End user request the release of any Domain Name, registered under the Service, from our IPS Tag, then will not release the IPS Tag until the administration fee (£25+VAT) is received by in cleared funds;
5.1.14 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 Network;
5.1.15 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 of the same whereupon undertakes to take all reasonable steps to prevent such activity, which shall, where necessary, include alerting the proper authorities;
5.1.16 that the 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 for the Domain Name registration service, shall use reasonable endeavours to procure the registration of such a Domain Name as the Customer or End User may request.
5.3 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 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 will not be responsible for the payment of Registrar Renewal Fees for any Domain Name not attached to the IPS Tag.
5.7 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 .
5.8 In the event that 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 to another Internet Service Provider, then no modification shall be made to the DNS records for the Domain Name before passes control of the Domain Name to the receiving Internet Service Provider. Deletion of any associated records on servers and 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 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 .
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 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 .
5.13 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 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 or to make any claim whatsoever against .
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 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 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 web site
6.2 When the Customer or End User contacts 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 shall provide the Support Service between the hours of 8.00 am to 6pm Monday to Friday and 9.00 am to 5pm 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 shall operate a skeleton staff.
6.4 shall have no liability to Customers or End Users in respect of any advice given as part of the Support Service.
6.5 Support Service is provided by 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 Service are published by from time to time on the Website. 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 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 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, may exercise its rights under
Clauses 8, 9 and 10.
7.5 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 credit management procedures from time to time. 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 of the unauthorised use as soon as it is discovered; and
7.8.2 co-operate with the credit card company and , and if necessary, the police in relation to unauthorised use.
7.9 The Customer shall keep informed immediately of any changes in circumstances or payment instructions.
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8 Cancellation and Refund Policy
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8.1 The Customer may cancel the Service by providing 30 days written notice before the date it wishes the Service to terminate, such notice is to be sent by Email to email address as advertised form time to time
8.2 If a payment falls due during the above 30 day notice period 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 and may be subject to a reasonable administration fee.
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9 Suspension
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9.1 Service may be suspended at anytime (including peak times) by by giving notice to the Customer and without prejudice to the 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 on its due date for payment; or
9.1.2 If the Customer does anything which jeopardises 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 .
9.3 The End User account or the Customer's Service may be suspended at anytime (including peak times) by without notice and without prejudice to the 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 on its due date for payment; or
9.3.2 If the End User does anything which jeopardises the 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 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 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.
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10 Termination
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10.1 Notwithstanding any other rights or the Customer may have under these Conditions, 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 reasonably apprehends that any of the events mentioned above is about to occur.
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11 Consequences of Termination
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11.1 The Customer agrees that 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 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 .
11.2 reserves the right to refuse to release the control or IPS Tag of any associated Domain Name.
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12 Indemnity
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12.1 The Customer agrees to indemnify , 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 Service.
12.2 The Customer agrees that 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).
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13 Acceptable Use Policy
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13.1 The Customer accepts responsibility for any content transferred by it or any of its End Users through the 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 Network or the 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 ;
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 Service or the 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 Network, 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 Network or the 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 Network or the Service;
13.2.14 use the Network or the 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 Network or the 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 Network or the 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 reserves the right at its sole discretion to allow the Customer or End User to send legitimate bulk Email via the 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 ;
13.3.2 In the event that agrees to grant permission to the Customer or End User to send legitimate bulk Email via the Network or the Service, it is the sole responsibility of the Customer or End User to obtain written permission from 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 ;
13.3.4 To allow to determine the date and time of the sending of the bulk Email;
13.3.5 reserves the right to make a reasonable charge for the transmission of bulk Email via the Network or the Service
13.4 The sending of unauthorised bulk Email via the Network or the Service will be chargeable and such charge to be determined solely by . reserves the right to pursue compensation in cases where abuse of the Network or the Service results in any form of service denial and/or blacklisting by outside agents or networks.
13.5 Whilst cannot review all transmissions by the Customer or End User, 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 Service as appropriate for violating the above provisions.
13.6 reserves the right to charge the Customer or End User a reasonable fee for misuse of the Service or the 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 Service or the 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 servers or the Service). 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 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. 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 Acceptable Use Policy occur, reserves the right to terminate the Customer or End User account in the 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.
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14 Data Protection
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14.1 The SP may retain the Customer 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 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 Service Additional Services;
14.1.6 legal compliance; or
14.1.7 transferring it to another company in the event of a sale of or an Associated Company.
14.2 Without limitation, the Customer and its End User's expressly authorise to use its personal data and other financial information in connection with any investigation, including by disclosing it to any third party whom consider has a legitimate interest in any investigation or its outcome.
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15 General Provisions
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15.1 The Contract and/or obligations under the Contract may be assigned to any third party or Associated Company without the consent of the Customer.
15.2 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 constitutes the entire agreement between 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 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 reserves the right to send a monthly Email to the Customer informing them of changes to the 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 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.
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16 Variation of Terms and Conditions
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16.1 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 Service will constitute the Customer's acceptance of the variation of Terms and Conditions.
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17 Disclaimer
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17.1 Service is provided on an "as is" and "as available" basis, and 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 be liable for any claims resulting from the use or inability to use the Service - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorised access to Servers or the 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 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 Service or the Network.