Internet Central Limited, Standard Terms and Conditions
1. For the purposes of the document the terms defined below have the meanings
specified:-
(a) the “Service” consists of Email Services, Domain Registrations, Dial
(modem/ISDN), Fixed Line, IC-Air, ADSL, SHDSL, Web Hosting and other services
provided by Internet Central Ltd.
(b) the “User Organisation” or “Customer” is the company or individual signing
this agreement.
(c) the “Company” is Internet Central Limited
(d) the “Agreement” is these terms, together with any terms or specific service
level agreement (SLA) directly associated with a particular Internet Central
Ltd. Service or contract, and constitute the entire and only agreement between
Internet Central Ltd. and the User Organisation (including its designated users)
with respect to the Service and supersede all other communications and
agreements with regard to the subject matter hereof.
2. Except as defined in the particular contract, upon notice published over the
Service in accordance with the notice periods defined in paragraph 18 below, the
Company may modify this agreement or prices, and may discontinue or revise any
or all other aspects of the Service at its sole discretion. Should any such
modification be required within the minimum contract period then the customer
reserves the right to cancel the service before the new terms are effected.
3. Unless otherwise agreed, User Organisations right to use the Service is not
transferable and is subject to any limits established by the Company.
4. The Company exercises no control whatsoever over the content of the
information passing through The Company’s Service and specifically denies any
responsibility for the accuracy or quality of information obtained
5. The Company’s Service may only be used for lawful purposes. The User
Organisation should note the conditions of telephone service networks connected
to the Company’s Service must comply with the rules applicable to use of that
other network.
6. User Organisation agrees to indemnify the Company against liability for any
and all use of the User Organisation’s account.
The Company offers global connectivity to CIX-connected networks, the full range
of European connected networks, and in the U K to all U K members of Linx for
Internet Services.
The Company cannot be held liable for loss of connectivity resulting from
breakdown, misconfiguration, or other failure, on equipment not controlled by
the Company or as a result of any event beyond our reasonable control.
Unless agreed otherwise in a Service agreement, the Company provides bandwidth
on an as-available basis. (The network is monitored and sized to provide fast
access at all times, but it cannot be guaranteed, e.g. under hypothetical
conditions if 100% of the Company’s customers were to connect and make 100%
usage of every link bandwidth). User Organisation’s bandwidth and other resource
consumption must be commensurate with the service type taken, (e.g. the Dial-up
customers do not dial-up for 24 hours day/7 days a week).
7. The User Organisation is assumed to be competent in making and maintaining an
Internet connection, including where applicable Internet/IP/DNS/system
administration.
In particular, use by the User Organisation of Video or Telephony applications
over the Internet/Network, relying on UDP protocol transfers including but not
limited to CuSeeMe, are to be performed with the utmost care and consideration
of the company’s network infrastructure.
Where such administration is inadequate to prevent damaging traffic or effects
on the Company’s network or external Internet, the company reserves the right to
unilaterally apply packet filtering/blocking and other means to limit such
damage or effects.
The User Organisation is liable for all expenses incurred by the company as a
result of neglect, incompetence, willful malice, or other inappropriate behavior
or Internet/DNS/system administration on the User Organisation’s part, including
but not limited to legal fees, technical fees and loss of income.
8. The Company will provide support for the connection. This will normally be by
telephone Monday to Friday from 0900 to 1800 except public holidays or company
shutdown periods as displayed on our web site. Support and consultancy services
may be provided additionally to this agreement as specified in a particular
contract or service level agreement.
9. Use of distribution lists in electronic mail or other mass electronic
mailings is to be done with utmost care, and blanket, non-focused mailings are
not permitted. It is expressly prohibited for you to operate an open email relay
or allow other organisations to use your mail systems for any such purposes.
10. Due to the nature of the Internet, all email/data to be sent outside of the
company’s internal infrastructure network is at the responsibility of the User
Organisation. The Company is not liable for protection or privacy of electronic
mail and information transferred through the Internet.
11. User Organisation is responsible for and must provide all telephone and
other equipment and services necessary to access the Service, unless provided as
part of a Company service package. Any access equipment provided by the company
shall remain the property of the company and any damage/loss/misuse of the
equipment will render the customer liable for any costs incurred.
12. In the case of I P Line connection, the User Organisation is required to
upgrade to a higher speed Company Service, incurring the relevant Company and BT
costs associated with this, when the traffic on the line between the Company and
the User Organisation is over 60% loaded, measured as an average over a month,
for full 24 hours. In any other service the company reserves the right to
suspend, restrict or filter the service as appropriate.
13. User Organisation shall pay, in accordance with the Company service used,
any registration or quarterly fees, connect time charges, international traffic
charges or any other charges incurred by the User Organisation or its designated
users at the rates in effect for the billing period in which those charges are
incurred, including but not limited to any surcharges incurred while using any
supplemental networks or services other than the Service.
14. User Organisation expressly agrees that use of the service is at User
Organisation’s sole risk. Except under the terms of the company’s IP-Line
service guarantee or specific service level agreement (SLA), neither the company
nor any of its re-sellers, agents, information providers, licensers or employees
make any warranty as to the results to be obtained from use of the Service.
The Service is distributed on an “as is” basis without warranties of any kind,
either expressed or implied, including but not limited to warranties of title or
implied warranties of merchant ability or fitness for a particular purpose,
other than those warranties which are implied by and incapable of exclusion,
restriction, or modification under the law applicable to this agreement. Neither
the Company nor anyone else involved in creating, producing or delivering the
service shall be liable for any direct, indirect, incidental, special or
consequential damages arising out of use of the Service or inability to use the
Service or out of any breach of any warranty.
15. The provisions of paragraph 14 is for the benefit of the Company and their
respective Information Providers, Licensers, Employees and Agents, and each
shall have the right to assert and enforce such provisions directly on their own
behalf.
16. This agreement is, and shall be governed by and construed in accordance with
the law of England applicable to agreements, made and performed in England. Any
cause of action of User Organisation or its designated users with respect to the
Service must be instituted within one year after the claim or cause of action
has arisen or be barred.
17. User Organisation’s account will be charged for services provided under this
Agreement as follows:
All set-up fees, initial rental and any equipment/software costs will be
invoiced immediately on acceptance of the Service and will be payable within 14
days.
Unless otherwise stated in a specific contract or service level agreement (SLA)
fixed Subscription/Rental fees will be paid monthly/quarterly by Standing
Order/Direct Debit in advance or annually by cheque in advance VAT invoices will
be issued on request. Usage based fees will be invoiced following the end of the
month in which the service is provided, and paid within 30 days from invoice
date.
The Company reserves the right to suspend service if payment is not received in
full within the above.
18. User Organisation may cancel any Service subject to the following
Cancellation Terms or as specified in a specific contract or service level
agreement (SLA):-
Service Cancellation Period(s)
- Dial (modem/ISDN) / Email & Shared Hosting Services / ADSL Broadband - 1 month
- Domain Names at any time 3 months prior to renewal date
- Fixed Lines / IC-Air / SHDSL / Dedicated & Virtual Server Hosting - 12 months*
*The cancellation terms for annual or longer contracts is 12 months from the
start of service. Upon completion of the first 12 months, the cancellation
period reverts to 3 months.
19. Notwithstanding any acknowledgement of a User Organisation purchase order by
the Company, any provision or condition in any purchase order, voucher, or other
memorandum of the User Organisation which is any way inconsistent with, or adds
to, the provisions of this agreement is null and void. Neither the course of
conduct between parties, nor trade practice shall act to modify the provisions
of this Agreement. If any provision of this Agreement is determined to be
invalid, all other provisions shall remain in full force and effect. The
provisions of paragraph 10 and 15 and all obligations of and restrictions on
User Organisation and its designated users shall survive any termination of this
Agreement.
20. The Company, at its sole discretion, may terminate the Agreement immediately
or suspend User Organisation’s access to the service upon any breach of this
membership Agreement by User Organisation, by sole judgment of the Company that
User may be performing activities harmful to the Company or its User
Organisations, employees, vendors, business relationships or any other users of
the Internet/Network or that are unlawful.
21. Non-enforcement of any section of this Agreement does not constitute consent
and the Company reserves the right to enforce this Agreement at its sole
discretion.
22. If any one or more paragraphs in this Agreement is found to be unenforceable
or invalid, User Organisation’s and the Company agreement on all other
paragraphs shall remain valid.
23. Service level guarantees and compensation in the absense of a guaranteed
service level agreement. The following table lists the service levels expected
and compensation guidelines should the service fall below these levels. The
compensation includes the fee’s or proportion thereof that is levied by Internet
Central for the provision of service only and does not include any other
on-going fee’s e.g. in the case of Fixed Lines no refund would be made in
respect of the physical circuit from BT or other supplier.
Percentage uptime in any month Compensation
- 99.5% and above (Standard SLA Target)
- 95% or below 7 Days Credit
- 93% or below 14 Days Credit
- 90% or below 1 Month Credit
Disruptions in service beyond our control will not be counted toward the
compensation clause. In the case of scheduled maintenance of the service this
would be scheduled by the company and notification of pending outages will be
posted on our web site in advance, compensation can only be claimed for downtime
in excess of the period specified on the web site.
24. Equipment and Software supplied by the company remains the property of the
company and the User Organisation agrees to return the equipment or software in
the condition supplied with all packaging upon request or pay the full cost of
that item.
25. Where equipment is sold to the User Organisation the equipment remains the
property of the Company until paid for in full. When equipment is sold to the
User Organisation the equipment is sold with the manufacturers warranty only and
unless specified otherwise will be subject to the manufacturers terms and
conditions. In the event of a fault on equipment supplied within the
manufacturers warranty period unless otherwise specified at time of order or by
the terms and conditions from the manufacturer the equipment should be returned
to Internet Central for return to the manufacturer for repair or replacement.
26. Where software is supplied the publisher’s terms and conditions apply, no
software may be retuned for refund once the packaging has been opened or the
software installed. If the software media is faulty this will be replaced within
7 days of supply and after this period a charge may be levied.
27. Domain registration services are supplied and the terms and conditions of
the appropriate ICANN approved registrar apply. Domains will be automatically
renewed providing the customer maintains a valid account with the company and
once renewal bills have been raised no transfers may take place until the
account is settled in full. Some domain authorities may hold the domain for a
period of 60 days following transfer or billing and will not allow registrar
transfer during this period.
28. Web site hosting services are provided subject to acceptance of our
Web Hosting
acceptable usage policy, which is located on this section of the web site,
uploading and use of these services assumes acceptance of these terms.
29. Server hosting is subject to these terms and conditions of connectivity
supply and support, servers will be housed in one of our network centers and
provided with power and connection to our UPS in an air-conditioned environment.
Unless otherwise agreed normal support hours will apply and support will apply
for the Ethernet connection to the server and Internet access to that point
only. The customer is responsible for all maintenance and insurance for any
server supplied.
Document revision 6. 06-01-2009