Netring Ltd

Terms & Conditions for Netring Ltd

Netring (referred to as the Company) reserves the right to suspend or cancel a client's access to any or all services provided by the Company when the Company decides that the account has been inappropriately used.

Web Design

When the Company supplies full web design and website management to a client, the cost of the design charged will include hosting on a Company server for one year and the cost of a UK domain name if the client wishes the Company to purchase a name on their behalf. An extra charge may be made for other Top Level Domain Names, depending on which is chosen. The Company will be responsible for all uploads unless otherwise specified in writing.

Email and hosting set-up instructions for new clients will be sent out electronically. Set up instructions will only be sent by Royal Mail if a client has no e-mail address.

Standard Terms and Conditions for Payment

All accounts are set up in advance of payment, but only after the client has accepted the Company's terms and conditions by e-mail confirmation at accept@netring.co.uk

If the Company tenders or supplies any service to a client, as from 14.12.2004, the client will be directed to the Company's terms/payment conditions and it is then the responsibility of the client to read and accept or refuse these conditions. If the client does not communicate with the Company regarding acceptance or refusal of these conditions, the Company will take non communication as the client refusing to accept the conditions in full. If the client refuses to accept the Company Terms and Conditions, the Company will terminate all connections immediately with the client in question.

Where a Company Tender Document or a Company Service Level Agreement is applied to a client and details any changes to the Company's standard terms and conditions of payment, those conditions will supersede and apply for the period stated in the Tender Document or the Company Service Level Agreement. For a Company hosting service, directly the service is showing on-line, the Company will send an invoice by e-mail for the total sum due. All pricing is guaranteed on the basis of the monthly/yearly rentals advertised on the Company's website. the Company also reserves the right to change prices at any time. Any price changes will be applied to the client's next rental period. Notice will be given to the client in the form of an invoice for the coming year's service which will be provided approximately one month in advance of the commencement of the service allowing the client to accept or refuse any price changes. Payment is due each anniversary period following the date the account was established.

Under special conditions, the Company will provide extended credit on request when the Company considers delayed payment acceptable and applicable for that particular service. If any services provided are linked to business grants of any type, the Company's payment terms are still applicable. If software/design/programming/hardware have been supplied to a client, and the client refuses to settle his account in full for all the outstanding fees due, any unpaid fees will still be regarded as due for payment to the Company. In the case of the non payment of fees due to the Company, the Company will set in motion debt recovery/court action procedures to obtain the outstanding fees. If any case is in dispute, English Law will apply in all actions/arbitration taken.

The client is responsible for all money owed on the account from the time it was established to the time that the client notifies the Company in writing for a request for any termination of services. All payment is in U.K. Sterling and is subject to VAT where applicable at the current rate imposed by H.M. Customs and Excise.

It is the responsibility of the client to supply their e-mail address and a postal address that is in constant use to allow receipt of communications from the Company. (If either address changes at any time, the Company must be informed as soon as possible.)

An invoice will be electronically sent to the email address on record unless otherwise requested.

Full payment of that invoice must be received by the Company within 30 days from the tax / invoice date on the invoice.

If payment is not received within the 30 days from the tax / invoice date on the invoice, the services that were requested by the client will be suspended.

If the client then still wishes to continue with the service, the payment due against the invoice must be paid in full plus a reconnection fee of £10.00 (excluding VAT) before the service is reconnected.

If the client does not make payment for the services purchased, this may have serious consequences when they are using the Company's Domain Name Registration Service. If payment is not received by the due date, the Company will be unable to renew any domain name(s) that come up for renewal and the recovery and surcharges by the registration authorities will then become the responsibility of the client.

The Company will not be responsible for any loss or damage to the client's business where the client claims that it was caused by the Company disconnecting the client's service from the Internet due to non-payment.

The Company will send out an invoice approximately 30 days in advance of the renewal date for the services in question to provide sufficient notice allowing the client to:

  1. Decide if they still wish to continue renting services from the Company
  2. To discuss any changes where necessary in the services provided for the coming year
  3. To settle the account on time which is before the start of the service as detailed in the invoice

If the client wishes to continue, the Company requests that the payment in question reaches the Company office before the start of the service date.

If payment is not received by the renewal date on the invoice, the services that are for renewal by the client will be suspended.

If the client then still wishes to continue with the service, the payment due against the invoice must be paid in full plus a reconnection fee of £10.00 (excludes VAT) before the service is reconnected.

Once again, if the client does not make payment for the continuation of services, this may have serious consequences when they are using the Company's Domain Name Registration Service. If payment is not received by the due date, the Company will be unable to renew any domain name(s) that come up for renewal and the recovery and surcharges by the registration authorities will then become the responsibility of the client.

Cancellation Terms

If services are to be cancelled with the Company, a cancellation request must be sent to accounts@netring.co.uk by e-mail at least one month before the end of the service in question. It is essential that a confirmation e-mail be obtained from the Company that the service will be cancelled. Failure to do so will result in a further year's charge being made for the service in question.

Cancellation of Services by the Company

The Company reserves the right to cancel any service at any time. All fees paid in advance of cancellation will be pro rata and refunded by the Company providing this sum is greater than £20.00. If the Company institutes its right of cancellation due to a client's/client's violation of these policies, then no refund is deemed to be due.

Indemnification

The client agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's/legal fees asserted against the Company, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, or any product sold by a client, its agents, employees or assigns. The client agrees to defend, indemnify and hold harmless the Company against liabilities arising out of; (1) any injury to person or property caused by any products sold, or otherwise distributed in connection with a Company product or service; (2) any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to a client from a Company product or service.

Disclaimer

The Company will not be held responsible for any damages the client's business may suffer. The Company makes no warranties of any kind, expressed or implied, for services the Company provides. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees and any associated leased services used by the Company of any kind.

The Company reserves the right to revise its policies at any time and without notice to its existing clients.

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Acceptable Use Policy

Server Use

All accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away the web-hosting services of their website to other parties. This is defined as allowing a separate third party to host content on the Company's client's web site. Exceptions to this include advert banners, links, classified and professional advertisements.

Excessive Resource Usage

The Company operates a shared hosting environment and excessive resource usage (for example CPU, Memory, Bandwidth) may affect the quality of service for other clients. Excessive usage will be investigated (which includes contacting the client where possible) and acted upon instantly if required. This may include suspending your service until such time as the underlying issue causing resource monopolisation has been identified and rectified. Sites suspended due to excessive usage are fully exempt from our uptime guarantee. High CPU usage can vary and is defined by our staff on a case-by-case basis. In the event your site exceeds over 1TB of Data Transfer due to a Denial of Service attack we reserve the right to charge additional fees.

(D)DoS Attacks

In the event that your site becomes victim of (D)DoS attacks we will mitigate the effects as best as possible before concluding what is best done with your site. Should attacks be affecting the quality of service for other users, we reserve the right to null route or suspend your service without warning in order to protect the stability of our current services. Attacks aimed towards our servers are not the liability of the Company and are fully exempt from our uptime guarantee. Any attacks exceeding our specification of 'small to medium in size' and that cause severe service disruption will be fully exempt from any refund guarantees. In the event your site exceeds over 1TB of Data Transfer due to a (Distributed) Denial of Service attack we reserve the right to charge additional fees.

Reseller Hosting

All conditions and restrictions applied to Company hosting packages also apply for any reseller packages. The reseller client is liable in all respects for the content contained in any of his clients' websites.

The Company reserves the right to refuse service and/or access to its servers to any prospective client at any time.

Prohibited Material

The Company does not allow any of the following content to be stored on its servers:

Copyrighted works and any material in violation of any USA Federal, State, or UK Government regulations and by-laws. If any material supplied by a client that is incorporated into a website by the Company and is later found to be illegally used in any manner, this will be the sole responsibility of the client and the client will be held liable in all respects for all damages aimed at the Company.

Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of the Company.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc. and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Server Damage

If a client's website/scripting is found to have affected the performance of a Company server causing locking or any action that requires the Company's technicians to investigate the performance of a server in any way, the cost of that investigation and any remedial action will be invoiced to the client immediately at a rate of £75.00 per hour with a minimum charge of £75.00

Bandwidth Usage

High bandwidth usage: The Company provides specific upper limits for monthly bandwidth usage for each hosting package. If a client uses excess bandwidth they will receive an e-mail warning them of their excess monthly bandwidth usage. To ensure no distruption to service the client must contact the Company.

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Privacy Policy

It is the Company's policy that personal information, such as your name, postal and e-mail address or telephone number is private and confidential and will not be passed on to any third party except where UK law overrides this. Accordingly, the personal information you provide is stored in a secure location, is accessible only by designated staff, and is used only for the purposes for which you provide the information.

Your Data

The Company staff may on occasion be required to access your data stored on our servers to maintain a reliable service and to prevent malicious use.

The spell checking software that is part of the web mail systems will send parts of your message to a 3rd party provider via an encrypted channel. This will only occur if the spell checker is used.