© Netpresto Ltd. 3663411 terms & conditions for all services
1. Supply of the Service
1.1 Netpresto shall provide the Specified Service to the Customer subject to the written Agreement (if any) between Netpresto and the Customer and these Conditions. Subject to the provisions in Clause12.2 below, any changes or additions to the Specified service or these Conditions must be confirmed in writing by Netpresto and the Customer.
1.2 The Specified Service shall be provided in accordance with Netpresto's Acceptable Use Policy, (opens in new window) its product brochure or other promotional literature relating to the Specified Service in force from time to time, subject to these Conditions.
1.3 Netpresto may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to the Client. 1.4 Netpresto may at any time without notifying the Customer make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature and / or quality of the Specified Service. 1.5 Customers using CGI, Server Side Includes and PHP must ensure that their scripts do not compromise the security or the stability of the server or their site. Any script that in our opinion is detrimental to the running of our web servers will be removed and/or services may be suspended without notice and without refund until ammendments have been made (at the customers' own expense) to our satisfaction.
2.1 Subject to any special terms agreed, the Customer shall pay Netpresto's Standard Charges and any additional sums which are agreed between Netpresto and the Customer for the provision of the Specified Service or which, in Netpresto's sole discretion, are required as a result of the Customer's instructions or lack of instructions, the inaccuracy of such or any other cause attributable to the Customer.
2.2 All charges quoted to the Customer for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Customer shall be additionally liable at the applicable rate from time to time.
2.3 All charges quoted to the Customer for the provision of the Specified Service are exclusive of any third party telecommunications charges. All telecommunication charges incurred by the Customer in connection with the use of his Netpresto account are at all times solely the responsibility of the Customer. Netpresto accepts neither responsibility nor liability nor will it indemnify the Customer for any such charges incurred.
2.4 Netpresto shall be entitled to invoice the Customer on the day or working day thereafter, on which the Customer places the order with Netpresto.
2.5 Netpresto's Standard Charges and any additional sums payable shall be paid by the Customer (together with any applicable Value Added Tax, and without any setoff or other deduction) within 7 days unless otherwise agreed in writing by Netpresto.
2.6 If any amount payable to Netpresto by the Customer is not paid by the due date then (without prejudice to Netpresto's other rights and remedies), Netpresto may do either or both of the following: suspend the provision of any or all of the Services; or charge interest on the overdue amount (as well after as before judgment) on a daily basis from the due date to the date of actual payment (both dates inclusive) at the rate of 4% above the base rate of Barclays Bank PLC (or any other London Clearing bank which Netpresto may nominate) from time to time in force compounded quarterly. That interest will be paid by the Customer to Netpresto on demand.
3.1 Netpresto warrants to the Customer that the Specified Service will be provided using reasonable care and skill and, as continuously as reasonably possible, at all times subject to routine and emergency maintenance and downtime occasioned by third parties. Where Netpresto supplies in connection with the provision of the Specified Service any goods supplied by a third party, Netpresto does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Customer the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to Netpresto.
3.2 Netpresto shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any materials, equipment or instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer.
3.3 Except in respect of death or personal injury caused by Netpresto's negligence, or as expressly provided in these Conditions, Netpresto shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Netpresto, its servants or agents or otherwise) which arise in connection with the provision of the Specified service or their use by the Customer, and the entire liability of Netpresto under or in connection with the contract shall not exceed the amount of Netpresto's charges for the provision of the Specified Service, except as expressly provided in these Conditions.
3.4 Netpresto shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Netpresto's obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond Netpresto's reasonable control.
4. Terms and Conditions
4.1 Customers are entitled to cancel their account with Netpresto by giving 30 days notice in writing.
4.2 Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
5. Domain Names
5.1 Domain names registered on the Customer's behalf are at no time the property of the Customer. The Customer, upon registration, merely receives the right of use of such name(s) as is pointed at the Customer's domain for such time as it is validly registered to the Customer. This provision is subject to such rules of the duly appointed Naming Committees/Organisations as are in force from time to time. All domain name registration and subsequent use is subject to the terms and conditions of the Authorised Issuing Body below:
UK .co.uk .org.uk .ltd.uk .me.uk - Nominet (opens in new window)
Other Open SRS (opens in new window) .com .net .org .biz .cc .info .name .tv or Central Nic domains e.g. uk.com gb.com
The ICANN Uniform Domain-Name Dispute-Resolution Policy View. (opens in new window)
5.2 All third party costs arising from the registration of a domain name shall be met by the Customer and are payable to Netpresto before a formal application for registration is made.
5.3 Netpresto reserves the right to refuse to serve a domain name it is hosting if the Customer exceeds Netpresto's agreed credit terms. This right continues until payment is received and the account is settled in full to the satisfaction of Netpresto. This right extends to and includes releasing the domain name to either the Customer or Third Party.
6. Bandwidth Usage
6.1 The Customer hereby acknowledges that Netpresto operates a sliding scale of charges for all web sites it hosts based on the average number of hits per day over a period of one calendar month.
6.2 The Customer has agreed to limit its use of bandwidth to the amount specified (if any), being that amount ordered by the Customer.
6.3 If the Customer's average use of bandwidth exceeds the amount allotted to it under the terms of this Contract for a period of 24 hours then the Customer will be liable to Netpresto for the difference between the Charges due under the level of bandwidth used and that amount originally allotted to it under this Contract.
6.4 If the Customer's continued use of excessive bandwidth necessitates Netpresto's contracting with its own bandwidth suppliers for additional bandwidth, then the Customer will be charged by Netpresto at the higher rate for the bandwidth it uses.
7.1 Any Customer wishing to reconnect their cancelled services with Netpresto may do so upon payment of the relevant Cancellation Fee applicable from time to time and available upon request from Netpresto in order to cover the Administration costs involved in reconnecting the Customer.
8. Customer Privacy
8.1 All information, mail messages and other data stored on Netpresto's equipment is treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purposes of Netpresto's back-up services and/or providing the Customer with its support services.
8.2 Mail awaiting delivery is stored securely and is non-accessible to other Internet Users. However, once the Customer's decrypted data passes onto the Internet, it is no longer secure and is open to unscrupulous use. Netpresto cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and Netpresto recommends the use of encryption for transfer of sensitive data or information.
9. Content of Customer's Data
9.1The Customer undertakes that the Customer's data (whether stored or sent over the Internet) will not contain anything obscene, offensive or defamatory and will conform at all times with Netpresto's Acceptable Use Policy. The Customer will indemnify Netpresto and keep Netpresto fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including all legal costs on a full indemnity basis) occasioned to Netpresto as a result of any breach of the said undertaking.
10. Acceptable Use Policy
10.1 General10.2 Email10.3 Usenet 10.4 Web Space10.5 Domains
The Customer shall use the Specified Service provided under the terms of its Contract with Netpresto for the purposes of gaining access to the Internet and the services thereon.
The Customer shall use the Specified Service only for access to and use of the service for its own internal business purposes and shall not make the use of the Specified Service available to any third party nor use it on behalf of or for the benefit of any third party except where such use is within the knowledge of the Customer and is subject to the Conditions of the Contract between the Customer and Netpresto or where the Customer is an authorised Netpresto Reseller.
The Customer shall not send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information, material or statement which infringes the intellectual property rights of any person or legal entity or the laws or statutory regulations or contractual rights or laws relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available.
The Customer shall not make use of the Specified Service provided to it under the terms of its Agreement with Netpresto for the purposes of attempting or establishing unauthorised access to or of facilitating a breach in the security devices of machines, resources or networks without the prior unequivocal consent of the lawful owner of that machine, resource or network.
The Customer shall not make use of the Specified Service to facilitate and further the publication and distribution of chain letters, unsolicited commercial or bulk email.
The Customer shall not make use of the Specified Service to send or cause to be sent or forwarded either large numbers and/or large messages or a message irrespective of size at such frequency that it causes the recipient annoyance and/or causes the recipient's mailbox to become unable to cope with the volume of email traffic directed at it and disables said mailbox.
The Customer shall not make use of the Specified Service to send or forward malicious messages and/or viruses to cause annoyance and/or disrupt the use and enjoyment of another user's service whether a customer of Netpresto or some other service or online provider.
The Customer shall not cause another user of a service provided by either Netpresto or some other service or online provider to be subscribed to a mailing list or some other service without their prior express permission for that purpose.
The Customer shall not occasion the forging or creation or use of a header and/or address to tend to show that a message originates from a machine or network other than that on which it does originate or that replies to a message are directed to a machine at which the Customer neither has a right nor permission to cause replies to be directed.
The rules relating to email outlined above shall be equally applicable to Usenet postings.
The Customer shall not use the Specified Service to cause or further the excessive cross- and/or multi-posting of messages to newsgroups and/or bulletin board services.
The Customer acknowledges its duty to familiarise itself with and observe the charter of a particular newsgroup before posting.
The Customer shall not post binary messages to non-binary newsgroups and vice versa.
10.4 Web Space
The Customer shall not use its own personal and/or corporate website for the publication and distribution of spamming software, lists of personal or corporate email addresses (except where each and every addressee has given their express permission) or any personal data except where such data is in strict accordance with the Data Protection Act 1984, regulations made pursuant to the Act and subsequent legislation.
The Customer shall not use unsolicited email messages or cause such to be used in order to draw attention to, promote or otherwise advertise its website.
The Customer shall not publish, hold or cause to be held or accessed via its website material that is of an illegal nature and/or contrary to the terms of Netpresto's Acceptable Use Policy in force from time to time.
10.5 Domain Names
All domain name registration and subsequent use is subject to the terms and conditions of the Authorised Issuing Body. UK - Nominet or Open SRS and The ICANN Uniform Domain-Name Dispute-Resolution Policy View (all links open in new window)
11. ADSL Wires Only
ADSL: Asymmetric Digital Subscriber Line, a method of delivering data to and from Netpresto over standard BT telephone linesBT: British Telecommunications plcPSTN: Standard analogue telephone lineWires Only: A connection method requiring the Customer to purchase his own router or ADSL modem in order to use the serviceTerm: The term of this Contract is as stated on the ADSL wires only order form.
11.1 The Customer agrees to be bound by our standard terms and conditions available on request and displayed on our web site http://www.netpresto.co.uk/terms.html and is also bound by the following additional conditions for ADSL services:
11.2 The Customer's local exchange must be ADSL enabled and their line needs to be compatible to receive this service. BT will have to ensure that a Customer's line is able to receive ADSL services.
11.3 Orders taken from customers in areas without ADSL enabled exchanges will not be processed until after their exchange is enabled. Netpresto reserves the right to reject an order where service is not available.
11.4 The Customer is aware that the circuit is dependant on BT therefore we cannot guarantee when the ADSL service will be activated at their premises. Any activation date advised by Netpresto is subject to change without prior notice.
11.5 The Customer authorises Netpresto Ltd to debit its bank account (if direct debit is the chosen method of payment) for the connection of ADSL and for the subscription to the ADSL service each month until further notice in writing. If the customer wishes to terminate the service within this period the remaining term will become payable immediately. All services under this contract are payable in advance.
11.6 If the Customer wishes to terminate ADSL service after the contractual period, they may do so by providing at least one months notice in writing. If the customer fails to supply a written notice of cancellation after the minimum period they will incur a one month service charge cancellation fee.
11.7 If the customer requests the cancellation of ADSL prior to the minimum period, the remaining part of the minimum term will become payable immediately.
11.8 If the Customer wishes to move the service to another building, the remainder of the contract period must be paid to cancel the existing service and a new connection charge and a new contract is required to reconnect in the new building. Connection in the new building is subject to availability in the new location and to the terms of the new Contract.
11.9 The Customer agrees that Netpresto Ltd reserves the right to make enquiries with Credit Reference Agencies regarding county court judgments and other detrimental credit history of the Customer before the ADSL service order can be processed.
11.10 The Customer understands that data transfer speed may suffer while making a voice call and that voice calls are charged by their carrier at the standard rates.
11.11 The Customer must maintain a working BT PSTN line to receive ADSL service. If for whatever reason the BT line is disconnected then the Customer will not be able to receive ADSL service and any remaining term of this Contract will become payable immediately.
11.12 After connection of the ADSL service customers may notice a change in voice quality. This is expected and is not a fault. Netpresto accepts no responsibility for this change and if the Customer decides to remove the ADSL service as a result any remaining term of this Contract will become payable immediately.
11.13 A user of ADSL is exposed to similar security risks as a dial-up user but as the ADSL user is connected for longer periods "always on," the risk is potentially greater. Netpresto advises that the user logs off whenever the service is not being used. Netpresto can provide a range of firewall solutions to reduce the security risks associated with this type of connection at extra cost.
11.14 It is unacceptable to use the service for any illegal or immoral activity or the sending of unsolicited mail or excessive usenet cross-postings. Customers breaching our acceptable usage policy, available at http://www.netpresto.co.uk/use.html, may be disconnected from the service and any remaining term of this Contract will become payable immediately, including a one month service charge disconnection fee.
11.15 The ADSL service is incompatible with subscriber private metering, 30k loop, private circuits, all types of ISDN, Red ABC, Home & Business Highway, Redcare, Featurenet 5000 services, meterpulse facility and PBX lines. This is not an exhaustive list and other services maybe also incompatible. If the customer fails to notify us that they have any of the above services before activation a standard connection charge of £65+VAT will be payable and the activation will not proceed. The connection charge will be payable regardless of any promotion Netpresto might run from time to time.
11.16 The Customer must be solely responsible for the BT telephone contract; they must have a valid contract for a BT provided PSTN line. If the Customer rents their premises the Customer and not the Landlord must hold the contract for the BT telephone that receives ADSL service.
11.17 If the Customer's circumstances change during the term and this Contract would not permit activation under the new circumstances the services will be disconnected and the services that would have been provided for the remaining term will become payable immediately.
11.18 Modems used on PSTN lines may operate at reduced speeds when the ADSL service is installed and the service may affect security or burglar alarm systems that use PSTN. The customer agrees to check this with the suppliers of this equipment. If they fail to do so and activation is aborted as a result, the Customer will be charged the standard connection charge in force at that time and activation will not proceed. The connection charge will be payable regardless of any promotion Netpresto might run from time to time.
11.19 If the ADSL service has to be removed as a result of problems arising with such alarm systems then the remaining term of this Contract will become payable immediately.
11.20 The ADSL service is not available at sites where all or part of the Customer's access is provided over fibre optic cable or radio.
11.21 Please note that some technical limitations within the BT network and ADSL service may not become apparent until the service has been operating for some time. As a result the service may have to be withdrawn. If a BT line test shows the Customer's premises are outside the transmission area the service will not be activated.
11.22 If required, Netpresto can, at extra cost, supply all hardware needed (router, modem, splitter etc) and arrange the delivery of said hardware to the specified address provided by the Customer. Netpresto accepts no responsibility for any hardware faults and the customer must take up all issues with the third party supplier.
11.23 BT provides the link between Netpresto and the Customer. Netpresto offers no service level agreement or any warranties whatsoever on the quality or availability of the service provided by BT.
12.1 These Conditions together with any terms set out in the Agreement (if any) between Netpresto and the Customer and Netpresto's Acceptable Use Policy constitute the entire agreement between the parties, supersede any previous agreement or understanding and, subject to Clause12.2 below, may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
12.2 Save as otherwise provided in Clause 12.1 above these Conditions shall remain in force for the initial term of the agreement between Netpresto and the Customer. Upon renewal of the agreement Netpresto reserves the right to update, alter or amend these Terms and Conditions of Service as it sees fit to comply with any statutory, legislative and/or technical changes or to enhance and improve the services it offers to its customers and the efficiency of said services and for expediency. Upon such changes being made the renewal notice sent to the Customer shall draw the Customer's attention to the change(s) and the Customer shall then be entitled to decide whether to renew the Service on the new terms or exercise its right to terminate the Specified Service with Netpresto and continue on the existing terms until termination is effective.
12.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
12.4 No failure or delay by either party in exercising any of its rights under this Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
12.6 Any dispute arising under or in connection with these Conditions or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party.
12.7 English law shall apply to the Contract, and the parties agree to submit to the exclusive jurisdiction of the English courts.