Terms of Business

APPLICABILITY
The following conditions will apply to all transactions and be incorporated or deemed incorporated in every Contract between Net Services International Limited (hereinafter referred to as "the Company") and its customers (hereinafter referred to as "the Customer") unless varied by an agreement in writing inconsistent herewith.

ASSIGNMENT
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties. The Customer shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person(s)/party without the prior written consent of the Company.

DEFINITIONS
The term "goods" includes all materials, work or services supplied by the Company to the Customer.

ALTERATIONS TO THESE CONDITIONS
The Company reserves the right to alter these terms and conditions at any time. If any of these clauses or conditions are not legally effective, the remainder of them shall be effective. The Company can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.

CONTENT
The Customer warrants that all material supplied by them will be "legal, decent and honest" and copyright free and undertakes to indemnify the Company against any claims for liability. The Company reserves the right to refuse to create, or broadcast, or cease broadcasting any material it considers unsuitable.

COPYRIGHT
Copyright remains with the Company on any work supplied to the Customer or created for broadcasting by the Company. Limited and unlimited copyright may be negotiated between the Company and the Customer for use inside or outside the UK. The Customer undertakes that it will not remove the Company's copyright notice from any work supplied by the Company, nor modify, change or alter the Company's work without the prior written agreement of the Company.

CUSTOMER'S PROPERTY
Customer's property and all property supplied to the Company by or on behalf of the Customer will be held, worked on, and carried at Customer's risk. Where such materials are so supplied or specified, responsibility for defective work will not be accepted by the Company. The Company may reject any materials supplied or specified by the Customer which appear to the Company to be unsuitable.

DELIVERY
Every effort will be made to comply with delivery dates requested by the Customer, or quoted by the Company but the Company accept no liability for or arising out of any failure to do so.

DIAL-UP ACCOUNTS
The Company provides Internet access facilities including modem and ISDN connections. Any telecommunications charges incurred by the customer will be the sole responsibility of the Customer.

DNS SERVICE
The Company provision of Domain Name Server services is subject to the additional further Terms and Conditions available at http://edit.nsidns.co.uk/doc/terms.html and The Customer warrants that they understand and accept those Terms and Conditions.

DOMAIN NAMES
Where domain names are registered by the Company as the agent of the Customer, the Company will, on request, transfer the DNS tag to another Internet Service Provider, subject to any outstanding debit balance on the customer's account being cleared prior to the transfer.

DOMAIN NAMES – Parking
If a domain name has expired, or is suspended, or does not contain valid information to direct it to any destination, the Company may redirect it to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization. The Customer acknowledges that the Company cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of the Customer, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Customer or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.

DOMAIN NAMES – Privacy
To reduce the risk of identity theft, fraudulent or spam emails where domain names are registered by the Company as the agent of a Credit Account Customer Customer and/or are held by the Company inside a managed domain name portfolio, then the Company will, where possible, ensure that the Customer's personal details are not disclosed. The level of privacy that can be provided will depend upon the differing requirements of each name registry. Customers may opt out of this service by notifying the Company in writing.

DOMAIN NAMES - Registrars
By instructing us to register a domain name The Customer warrants that they understand and accept that all registrations are subject to the appropriate registrar's published rules and dispute resolution procedures. Further information may be found below:-

Top Level Domain Name Registration Agreement
ICANN Uniform Domain Name Dispute Resolution Policy
Dot Biz Name Registration Agreement
Dot Info Name Registration Agreement
Dot US Name Registration Agreement

The Company is able to register domains in many countries around the world and each country's registry imposes its own domain registration terms. It is the Customers responsibility to ensure that they accept those terms before instructing the Company to register names on their behalf.

DOMAIN NAMES - RENEWALS FOR CREDIT ACCOUNT CUSTOMERS
As a protection for credit account customers and where practical most domain names are automatically renewed one month in advance of their expiry date to reduce the possibility of names being lost as a result of a late renewal. The Customer will be responsible for our standard renewal fee unless they advise us that renewal is not required seven days prior to the automatic renewal. Account customers who do not wish for this additional protection should advise the Company accordingly.

DOMAINS - UK
All dot UK domain names are registered on behalf of Customers with NOMINET UK and the registration is subject to NOMINET UK's Terms and Conditions. Full details are given on Nominet's web site at

http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/

and Customers are advised to follow the link and read the details of the contract they will be agreeing to by applying to register a dot UK domain name.

There are other UK domains, such as gb.com gb.net, uk.com and uk.net which are registered through CentralNic and their Terms and Conditions are available on request.

E-MAIL
Where e-mail address are provided at domains owned by the Company the e-mail addresses will at all times remain the property of the Company.

EXPEDITED DELIVERY
Should expedited delivery be asked for and necessitate overtime or other additional cost, an extra charge will be made.

FORCE MAJEURE
Every effort will be made to carry out the contract but its due performance is subject to cancellation by us or to such variation as we may find necessary as a result of inability to secure labour, materials, or supplies or as a result of any Act of God, War, Strike, Lock-out or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond our control.

LAW
These conditions and any contract entered into in pursuance of them shall be construed and take effect in accordance with English Law.

LIABILITY
The Company shall not be liable for indirect, or consequential loss or for any loss to the Customer arising from third party claims occasioned by delay in delivery or by errors in carrying out the work.

LIABILITY - AMOUNT
Liability in respect of any claim shall not exceed the replacement of the defective or incorrect goods or service, or (at our discretion) refunding part or all of the annual rental or hosting charge paid by the Customer to the Company.

LIABILITY - NOTIFICATION
No liability will be accepted in respect of loss or damage unless written notification is received by the Company within seven days of the supply of the goods or services.

LOSS OF DATA
Data is transmitted over the Internet and stored on the Company's, or its agents, servers at the Customer's risk. Customers are advised to retain back-up copies of all data supplied to or created by the Company. The Company does not normally retain back-up data. The Company is able to design appropriate back-up and or mirror programs for Clients on request, please apply for further details.

ORDERS - CANCELLATION
Cancellations cannot be accepted without prior agreement in writing from the Company. In the event of orders being cancelled we reserve the right to apply cancellation charges, to reclaim any costs directly or indirectly incurred.

PAYMENT TERMS
Payments for all services are payable in advance. Where payment is not received prior to a renewal date then services will be suspended until payment is received.

PAYMENT TERMS - CREDIT ACCOUNTS
Subject to satisfactory references the Company may establish a credit account with an appropriate credit limit which will be reviewed from time to time. Payment is required within 30 days of the issue of an invoice after which interest will be charged without notice at the rate of 2% per month on all outstanding amounts. Where amounts are outstanding for more than 30 days, we reserve the right to suspend all services, including e-mail addresses, web site broadcasting and dial-up accounts, until all monies are paid. VAT is chargeable where applicable.

PRELIMINARY WORK
Any work carried out, any prototype or sample or other article made, whether experimentally or otherwise will be charged for.

PROGRAMS
All programs, software or scripts created and/or provided by the Company are supplied "AS IS" and it is the Customers responsibility to ensure their suitability and efficacy.

PRICE
Estimates are based on current material and production costs and are subject to amendment by us at any time after acceptance to meet any increase in such costs. All orders are accepted on the express basis that the price payable for goods will be our price ruling at the date of dispatch. Goods will be invoiced accordingly.

PROOFS
Author's corrections on first proof and subsequent proofs, including alterations in size, style or material, will be charged for. The Company cannot accept responsibility for any error in proofs passed by the Customer.

RE-SELLERS
Where the Company's services are being re-sold by an appointed re-seller, the re-seller undertakes to indemnify the Company against any claims against the Company of whatsoever nature by their customer. The re-seller agrees that they will, on request, provide their customer with a copy of the Company's current published retail price list.

SERVICE AND RENTAL PERIODS
All charges for site hosting and other services, domain registrations, email, page and copyright rentals are based on automatically renewing annual agreements, with the exception of certain domain name registrations which are based on two years or such other period as may be agreed in writing. All charges are due and payable prior to the commencement of each period.

SERVICE AND RENTAL PERIODS - TERMINATION
After the initial term the Customer and or the Company may cancel a Service or Rental agreement by giving at least 30 days notice in writing at any time.

The Company reserves the right to end an agreement by notice in writing straight away if the Customer is unable to pay their debts or enters into compulsory or voluntary liquidation or compounds with or convenes a meeting of creditors or have a receiver or manager or an administrator is appointed or ceases for any reason to carry on business or takes or suffers any similar action which in the Company's opinion means that the Customer may be unable to pay their debts.

Ending an agreement for whatever reason does not affect any rights or obligations which have accrued prior to termination. All confidential information, passwords and documentation shall be returned to the Company and the Customer agrees to give up any Internet protocol numbers addresses or address blocks allocated to them and if necessary that the Company can change or remove them. Further the Company shall have no further duty to provide Services to the Customer.

SUSPENDED ORDER
Should work be suspended at the request of or delayed through any default of the Customer for a period of thirty days the Company shall be entitled to payment for work carried out and materials specially ordered or partly processed. The Company is entitled to cease working on any delayed or suspended order until payment is received.

VALUE ADDED TAX
Our prices are net and do not include VAT. We shall be entitled to charge the amount of any VAT payable whether or not included on our Estimate or Invoice. We shall also be entitled to increase the amount of VAT after the date of estimate if there is an increase by the Tax Authorities.

VIRUS
The Company will use its reasonable endeavours to provide the Customer with continuous Internet services but the Company does not warrant or represent that it can do so since neither the Company or any other party has any control over the Internet as a whole as it is a global decentralised network of computer systems. The Company excludes any liability for loss or damage suffered by the customer as a result of any virus or other hostile computer program being introduced, denial of services attacks, spamming or hacking.

Last modified:6-02-08