| 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.
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 - 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.
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
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, Pandemic, 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 any amount is outstanding
on the account for more than 30 days, we reserve the right to suspend
any or all services on the account, 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
The Company reserves the right to end an agreement by notice in writing
with immediate effect 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.
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