Netpresto Ltd. ISP Service Terms & Conditions

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.

2.5 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 payment is not made on the due date, Netpresto shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after judgement) at the rate of 4% above the base rate from time to time of Barclays Bank Plc from the due date until the outstanding amount is paid in full.

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.

4.2 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.

5.1 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:

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.

6.1 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.

6.3 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.

8.1 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.

9.1The 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 (opens in new window)

11. ADSL Wires Only (opens in new window)

12. General

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.

1. Supply of the Service