NTH
INTERNET SERVICES TERMS AND CONDITIONS OF BUSINESS |
In
these Conditions:
1. "Agreement"
means any agreement made subject to these Conditions
which shall incorporate these Conditions.
2. "Company"
means NTH Internet Services PO Box 77, Barry, CF62 3YU,
UK
3. "Customer"
means any person or organisation with whom the Company
enters into an Agreement subject to these conditions.
4. "Service"
means the services described in the current Company
literature together with such Value Added Services to
be provided by the Company to the Customer.
5. "Service
Commencement Date" means the date identified as
the delivery date on the company invoice to the Customer.
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1.
ACCEPTANCE OF APPLICATION |
| The
Company reserves the right to refuse any application
for subscription or service. |
| 2.
THE SERVICE |
1.
Subject to these Conditions the Company will:
2. Perform
domain registrations which can take up to 4 working
days from point of payment and receipt of full details.
3. Provide
Web Sites hosting which can take 1 week from point of
payment until fully operational. |
| 3.
PAYMENTS |
1.
All payments shall be due to the Company
net on presentation of invoice unless otherwise specified
on the invoice at the Company's main office or at such
other address as may from time to time be specified
by the Company in writing. All usage charges shall be
payable in full in respect of the month in which the
notice to terminate the Agreement expires.
2. If
for any reason payment is not forthcoming within 10
days of the presentation of invoice and we have not
received notification by phone, fax, email or post from
the customer concerning the reason for late payment
and when payment is due, we will, as standard procedure,
turn your details over to the Company Credit Control
Agency for recovery.
3. Interest
payable on demand whether before or after judgment shall
accrue from day to day on overdue amounts at the rate
of 4% above base rate + VAT if applicable. |
| 4.
USAGE The Customer hereby agrees to: |
1.
Refrain from transferring
any illegal material to or from other users of the service
or the PDN and the other privately owned and operated
services to which the Company may from time to time
provide access.
2. Refrain
from sending menacing, offensive, abusive or annoying
messages whilst using the service.
3. Not
divulge their password to any third party and use all
reasonable endeavors to keep the same confidential and
inaccessible to third parties.
4. Keep
the Company informed of any change to the Customer's
address as set out overleaf and other such information
as may effect the payment of charges due.
5. Immediately
cease to use and return any Internet Addresses allocated
by the Company to the Customer on termination of this
Agreement.
6. Not
to announce by any means any and all Internet addresses
allocated to or by the Customer as part of an Autonomous
System.
7. Not
to use or permit the usage of the service in an unlawful
manner or in contradiction of published legislation
and regulations governing the Internet.
8. To
include the above restrictions in all the Customer's
on selling conditions using the Company's service and
not to resell a bandwidth greater than that purchased
and contracted from the Company unless linked to the
Internet through another provider in addition the bandwidth
provided by the Company (dual homed) when the restriction
will apply at the aggregated data rate.
9. We
currently do not allow IRC or IRC bots, eggdrops or
BNC to be operated on our servers. We reserve the right
not allow clients to install certain chat rooms, some
of which tend to be large system hogs. Any chat room
software must run without hindering the performance
of the machine for others.
10. Bandwidth
Usage : If the customer exceeds the bandwidth purchased
within their hosting package, excess bandwidth will
be charged at the prevailing rate.
11. If contracted bandwidth is excessively
exceeded such that it places an unacceptable burden
on The Company's resources, The Company reserves the
right to terminate access to the site without notice.
Bandwidth usage in excess of 2GB above the contracted
rate will be considered as excessive. |
| 5.
LIABILITY |
1.
The Company shall not be liable for any loss or damage
howsoever caused: 1. Economic loss, including loss of
profits, business revenue and goodwill.
2. Any
claim made against the Customer by another third party.
3. Any
loss or damage to the Customer caused by or arising
from any act or omission of the Customer, the Company,
any PTO or Value Added Service supplier.
4. Any
act caused as a result of force majeur or beyond the
Company's control. |
|
6. SUSPENSION |
1.
Failure by the Customer to make any payment to be made
to the Company on its due date for payment.
2. If
the Customer does or suffers anything to be done which
jeopardises the service or any network to which it is
from time to time connected.
3. If
the Customers credit limit has been exceeded or if the
Customer is otherwise in breach of these Terms and Conditions.
4. No
such suspension shall affect the liability of the Customer
to pay charges and other amounts to the Company, and
without limitation, the Annual Subscription Charge will
continue to accrue. During suspension the Company reserves
the right to refuse to release the User's Internet Address
as issued by the company. |
|
7. TERMINATION |
This
Agreement shall remain in force for a minimum period
of 12 months from acceptance of Customers application
being the date on which the company's order form was
signed by the Customer Termination can be effected as
follows:
1. By
the Customer, The Customer may terminate this Agreement
by giving 3 month's notice after the termination of
this agreement . Email notification will not be accepted
as notice of termination of Agreement.
2. By
the Company. The Company may terminate this Agreement
at any time and without notice if (a)if the Customer
commits any breach of this Agreement including but without
limitation non-payment of the Subscription Payments.
(b) by at least 1 months written notice to the Customer.
3. The
Company reserves the right to invalidate any Customer's
User name and Internet Address issued to the Customer
following termination of this Agreement.
4. Domain
name hosting and transfer request for DNS records must
be writing with the authorised signature of the domain
owner. There is no charge for the transfer.
5. No
refund of Subscription Payments will be made to the
Customer upon termination of the Agreement by either
the Company or the Customer |
|
8. RIGHTS ON TERMINATION |
1.
Termination of the Agreement shall not affect any pre-existing
liability of the Customer or affect any right of the
Company to recover damages or pursue any other remedy
in respect of any breach by the Customer of the Agreement.
2. On
termination of the Agreement right to the use of the
Internet IP Address allocated by the company shall revert
to the Company under RIPE terms or agreement except
where specific agreement has been reached in writing
between the RIPE and the Customer for the transfer of
the Internet Address and the fee or other payment required
by the Company in connection with such transfer has
been paid for by the Customer.
3. In
the event of termination of the Agreement by the Company
on account of any breach of the terms and conditions
thereof by the Customer the Company shall be entitled
to the balance of all Annual Subscription Payments and
Call Charges which would but for such termination have
accrued due up to the earliest date on which the Agreement
could have been terminated by the Customer in accordance
with the terms hereof. |
| 9.
USERNAME AND INTERNET ADDRESS |
1.
The Company shall not be requested or
required to release the User name Domain Name or Internet
Address and may refuse to do so until this Agreement
has been lawfully brought to an end and all sums due
hereunder have been received by the Company, and the
Customer has complied with all its obligations hereunder.
2. Domain
Names remain the property on the Company until all sums
due have been received.
3. The
reserves the rights to charge an admin fee of £25.00
+ VAT to transfer a domain away from the Company's network,
change the IPS Tags for a domain or change any Handles
for a domain. |
|
10. NOTICES |
1.
Any notices under or in connection with this Agreement
shall be in writing and shall be delivered by Royal
mail post to the relevant address given in the Agreement
or to such address as the recipient may have notified
to the other party via E-mail for that purpose.
2. Suspension
notices for non-payment of Charges will be deemed as
delivered by facsimile to the relevant facsimile number
given in the Application or to such facsimile number
as the Customer may have notified.
3. Any
notice shall be duly given, if given by pre-paid first
class mail, at the expiration of 48 hours after the
envelope containing the same shall have been posted.
In proving such service it shall be sufficient to prove
that delivery was made or that the envelope containing
such communication was properly addressed and posted
as a pre-paid first class letter. |
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11. EXPENSES OF THE COMPANY |
| The
Customer shall pay to the Company all costs and expenses
(so that any legal fees shall be based on an indemnity
basis) incurred by the Company in enforcing any of these
Conditions, or exercising any of its other rights and
remedies under the Agreement, including (without prejudice
to the generality) all costs incurred in tracing the
Customer in the event that legal processes cannot be
enforced at the address last notified to the Company. |
| 12.
NON-WAIVER |
| The
allowance of time to pay or any other indulgence by
the Company in respect of payments due to it shall in
no manner affect or prejudice his right to payment together
with interest provided under these Conditions. |
| 13.
INVALIDITY |
| If
this Agreement or any part thereof shall be adjudged
for any reason to be void, unenforceable or ineffective
but would be adjudged to be valid effective and enforceable
if part of the wording were deleted or a provision were
reduced in scope this Agreement shall continue with
such modifications as may be necessary to make its provisions
(or if such be the case its remaining provisions) valid
effective and enforceable. |
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14. VARIATION |
| The
Company reserves the right to vary these terms and conditions
as a result of changes required by its insurers, operation
or administration problems, new legislation, statutory
instruments, Government regulations or licenses. These
Conditions may not otherwise be varied or waived except
by express written agreement between both parties. |
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15. SERVICE LEVEL GUARANTEE |
|
The Company warrants that its supply of access to the
Internet shall be available at a level 99.7% per year.
This warranty excludes failures of local circuits between
The Company's network and the Customers network and
or failures of or in the operation of customer owned
hardware and or software. In the event of suspension
of service due to a technical fault in the network or
act of God, the Company will use all possible endeavour
to resume service with minimum delay but will not be
responsible for loss suffered by the Customer. The Company
may suspend the service from time to time for necessary
technical reasons and network upgrades outside the 99.7%
warranty as above provided that 48 hours notice has
been given to the Subscriber, that the period of suspension
is not more than one hour and that the time that the
suspension occurs is usually chosen to be between 0000
hours and 0600 hours local time. |
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16. LAW AND ARBITRATION |
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This agreement is subject to the laws of England under
the jurisdiction of the Courts of England and any alteration
to part of the agreement shall not invalidate the remainder.
This agreement incorporates the provisions for arbitration
if any are available under any Code of Practice issued
by the Network operator under the provision of its license.
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