Main Terms and Conditions
Internet Central Limited
1. For the purposes of the document the terms defined below
have the meanings specified:-
(a) the "Agreement" is these
terms, together with any individual product / service terms or
specific service level agreement (SLA) / AUP directly associated
with a particular Internet Central Limited service or contract, and
constitute the entire and only agreement between Internet Central
Limited and the User Organisation (including its designated users)
with respect to the Service and supersede all other communications
and agreements with regard to the subject matter hereof.
(b) the "Service" consists of
Email Services, Domain Registrations, Dial (modem/ISDN), Fixed
Line, IC-Air, Broadband (including ADSL, SHDSL, VDSL and other
technologies) Web Hosting and other services provided by Internet
Central Ltd.
(c) the "User Organisation" or
"Customer" is the company or individual signing or agreeing to take
services from the Company and accepting this agreement either
verbally or electronically.
(d) the "Company" or "IC" means
Internet Central Limited, Ivy House Foundry, Leek Road, Hanley,
Stoke-on-Trent ST1 3NR registered in England No. 03079542
(e) "IC Corporate Marks" means
the registered or unregistered trade marks and service marks, house
marks and marks of ownership, trading names brand names,
distinctive colour schemes, devices, styles, emblems and other
manifestations associated with IC including the logotype comprising
the letters IC and the IC sphere logo's and/or the letters IC and
the connected world device and/or any elements of these marks.
(f) "IC Group Company" means a
IC subsidiary or holding company, including without limitation a
holding company of IC or any subsidiary of any such holding
company, all as defined by Section 1159 of the Companies Act,
2006.
(g) "IC Helpdesk" means the
helpdesk for the Service.
(h) "IC Website" means the
website located at URL www.ic.co.uk or such other website or URL as
IC may notify the Customer from time to time.
(i) "MBORC" means a matter
beyond a party's reasonable control including, but not limited to
(a) act of God; (b) lightning; (c) flood; (d) exceptionally severe
weather; (e) subsidence; (f) fire; (g) explosion; (h) war; (i)
civil disorder; (j) national or local emergency; (k) statutory
obligation; (l) industrial disputes (including industrial disputes
involving that party's own employees, provided that such party has
taken all reasonable steps to prevent and or resolve such
industrial disputes from arising; (m) delay or failure of that
party's supplier(s); (n) delay or failure or rationing of energy
supplies; (o) acts or omissions of local or of central government
or of other competent authorities; (p) acts or omissions of persons
for whom a party is not responsible; or any other cause whether
similar or dissimilar outside its reasonable control.
(j) "Intellectual Property
Right(s)" means any patent, petty patent, registered design,
copyright, design right, database right, rights in designs,
invention, semiconductor topography right, know-how, or any similar
right exercisable in any part of the world and shall include any
applications for the registration of any patents or designs.
(k) "IP" means internet
protocol.
(l) "IP Access Circuit" means
an IP circuit used to carry IP traffic, i.e. Broadband, that IC
allows to be used with the service as detailed in the Product
Handbook
(m) "IP Network" means a
telecommunications network operated on IP.
(n) "Liability and Liabilities"
means all awards, compensation, costs, expenses, losses,
liabilities, damages, claims, proceedings, awards, fines, orders,
demands, actions, payments by way of settlement, penalties,
tribunal awards and other liabilities (including legal and other
professional fees and expenses on an indemnity basis) whenever or
howsoever arising or brought.
(o) "Reseller" means those
customers of IC who resell the Service to their End Users.
2. Use of Services or Purchase of Hardware or Services from
IC will automatically assume acceptance and agreement by the
Customer to this Agreement which is publically displayed on the IC
Website and referenced on all orders and web ordering pages for the
avoidance of doubt.
3. Except as defined in the particular contract, the
Company may modify this Agreement or prices, and may discontinue or
revise any or all other aspects of the Service at its sole
discretion. Should any price modification be required within the
minimum contract period and the average use charges increases in
any one calendar year by more than a cumulative 10 percent above
the Retail Price Index then the customer reserves the right to
cancel the service before the new terms are effected.
Such changes and notices will be communicated to the Customer
via either the www.ic.co.uk website, email, letter or a combination
thereof.
4. Unless otherwise agreed, User Organisations right to use
the Service is not transferable and is subject to any limits
established by the Company.
5. The Company exercises no control whatsoever over the
content of the information passing through The Company's Service
and specifically denies any responsibility for the accuracy or
quality of information obtained
6. The Company's Service may only be used for lawful
purposes. The User Organisation should note the conditions of
telephone service networks connected to the Company's Service must
comply with the rules applicable to use of that other network.
7. User Organisation agrees to indemnify the Company
against liability for any and all use of the User Organisation's
account.
8. The Company offers global connectivity to CIX-connected
networks, the full range of European connected networks, and in the
U K to all U K members of Linx for Internet Services.
9. The Company cannot be held liable for loss of Service
resulting from breakdown, misconfiguration, or other failure, on
equipment not controlled by the Company or as a result of any event
beyond our reasonable control (see MBORC).
10. Unless agreed otherwise in a Service agreement, the
Company provides bandwidth on an as-available basis. (The network
is monitored and sized to provide fast access at all times, but it
cannot be guaranteed, e.g. under hypothetical conditions if 100% of
the Company's customers were to connect and make 100% usage of
every link bandwidth). User Organisation's bandwidth and other
resource consumption must be commensurate with the service type
taken, (e.g. the Dial-up customers do not dial-up for 24 hours
day/7 days a week).
11. The User Organisation is assumed to be competent in
making and maintaining an Internet connection, including where
applicable Internet / IP / DNS / Email / System / Firewall /
AntiVirus administration.
In particular, use by the User Organisation of Video / Telephony
/ File sharing applications over the Internet/Network, relying on
UDP protocol transfers including but not limited to Peer 2 Peer,
are to be performed with the utmost care and consideration of the
company's network infrastructure.
Where such administration is inadequate to prevent damaging
traffic or effects on the Company's network or external Internet,
the company reserves the right to unilaterally apply packet
filtering/blocking and other means to limit such damage or
effects.
The User Organisation is liable for all expenses incurred by the
company as a result of neglect, incompetence, willful malice, or
other inappropriate behaviour or Internet/DNS/system administration
on the User Organisation's part, including but not limited to legal
fees, technical fees and loss of income.
12. The Company will provide support for the service. This
will normally be by telephone Monday to Friday from 0700 to 1800
and Saturday 0900 to 1300 except public holidays or company
shutdown periods as displayed on our web site. Support and
consultancy services may be provided additionally to this agreement
as specified in a particular contract or service level
agreement.
13. Use of distribution lists in electronic mail or other
mass electronic mailings is to be done with utmost care, and
blanket, non-focused mailings are not permitted. It is expressly
prohibited for you to operate an open email relay or allow other
organisations to use your mail systems for any such purposes.
14. Due to the nature of the Internet, all email/data to be
sent outside of the company's internal infrastructure network is at
the responsibility of the User Organisation. The Company is not
liable for protection or privacy of electronic mail and information
transferred through the Internet.
15. User Organisation is responsible for and must provide
all telephone and other equipment and services necessary to access
the Service, unless provided as part of a Company service package.
Any access equipment provided by the company shall remain the
property of the company and any damage/loss/misuse of the equipment
will render the customer liable for any costs incurred.
16. In the case of Fixed Line connections / non data volume
limited or dedicated connectivity, the User Organisation is
required to upgrade to a higher speed Company Service, incurring
the relevant Company and third party costs associated with this,
when the traffic on the connection between the Company and the User
Organisation is over 60% loaded, measured as an average over a
month, for full 24 hours. In any other service the company reserves
the right to suspend, restrict or filter the service as
appropriate.
17. User Organisation shall pay, in accordance with the
Company service used, any registration or quarterly fees, connect
time charges, international traffic charges, call charges, data
usage charges or any other charges incurred by the User
Organisation or its designated users at the rates in effect for the
billing period in which those charges are incurred, including but
not limited to any surcharges incurred while using any supplemental
networks or services other than the Service.
18. User Organisation expressly agrees that use of the
service is at User Organisation's sole risk. Neither the company
nor any of its re-sellers, agents, information providers, licensers
or employees make any warranty as to the results to be obtained
from use of the Service.
The Service is distributed on an "as is" basis without
warranties of any kind, either expressed or implied, including but
not limited to warranties of title or implied warranties of
merchant ability or fitness for a particular purpose, other than
those warranties which are implied by and incapable of exclusion,
restriction, or modification under the law applicable to this
agreement. Neither the Company nor anyone else involved in
creating, producing or delivering the service shall be liable for
any direct, indirect, incidental, special or consequential damages
arising out of use of the Service or inability to use the Service
or out of any breach of any warranty.
19. The provisions of section 17 is for the benefit of the
Company and their respective service Providers, Licensers,
Employees and Agents, and each shall have the right to assert and
enforce such provisions directly on their own behalf.
20. This agreement is, and shall be governed by and
construed in accordance with the law of England applicable to
agreements, made and performed in England. Any cause of action of
User Organisation or its designated users with respect to the
Service must be instituted within one year after the claim or cause
of action has arisen or be barred.
21. User Organisation's account will be charged for
services provided under this Agreement as follows:
a. All set-up fees, initial
rental and any equipment/software costs will be invoiced
immediately on acceptance of the Service and will be payable within
14 days.
b. Unless otherwise stated in a
specific contract or service level agreement (SLA) fixed
Subscription/Rental fees will be paid monthly/quarterly by Direct
Debit in advance or annually in advance VAT invoices will be issued
on request via email. Usage based fees will be invoiced following
the end of the month in which the service is provided, and payment
taken by Direct Debit within 14 days from invoice date.
c. The Company reserves the
right to suspend service if payment is not received in full within
the above. In the event of suspension of service all fee's for the
remaining service term become payable with immediate effect, the
company reserves the right to charge re-connection fees for
resumption of service. The User Organisation will be liable and
shall reimburse and indemnify the Company for any costs associated
or incurred by the Company incurred as a result of any such
actions, including but not limited to legal and professional
fees.
d. The customer shall not be
entitled to delay or withhold payment or claim or set off against
any payment due hereunder in respect of any claim or complaint,
which the customer may have for any reason whatsoever. Any payments
made by the Customer to the Company, including payments made for
other services that the Customer may receive from the Company, may
be applied by the Company as it deems fit.
e. The Customer agrees that the
Company may make credit status enquiries. Subject to credit status,
the Company may require a pre-payment or non-interest bearing
deposit.
22. User Organisation may cancel any Service subject to the
following Cancellation Terms or as specified in a specific
contract, service level agreement (SLA) or service description
document:-
Standard Service Cancellation Period(s)
• Dial (modem/ISDN) / Email
& Shared Hosting Services / ADSL Broadband - 1 month
• Domain Names at any time 3 months prior to renewal
date
• Fixed Lines / IC-Air / SHDSL - 12 months*
• Ethernet Connect / Dedicated & Virtual Server Hosting -
12 months**
• Bundled Service Packages - 12, 18 or 24 months*
*The cancellation terms for term contracts is the number of
months contracted from the start of service. Upon completion of the
initial term, the cancellation period reverts to 3 months.
**The cancellation notification period is 1 months notice prior to
the expiry of the initial term or successive periods. Full
cancellation terms and conditions are found in the service
description for the individual product.
23. Notwithstanding any acknowledgement of a User
Organisation purchase order by the Company, any provision or
condition in any purchase order, voucher, or other memorandum of
the User Organisation which is any way inconsistent with, or adds
to, the provisions of this agreement is null and void. Neither the
course of conduct between parties, nor trade practice shall act to
modify the provisions of this Agreement. If any provision of this
Agreement is determined to be invalid, all other provisions shall
remain in full force and effect. The provisions of paragraph 13 and
18 and all obligations of and restrictions on User Organisation and
its designated users shall survive any termination of this
Agreement.
24. The Company, at its sole discretion, may terminate the
Agreement immediately or suspend User Organisation's access to the
service upon any breach of this membership Agreement by User
Organisation, by sole judgment of the Company that User may be
performing activities harmful to the Company or its User
Organisations, employees, vendors, business relationships or any
other users of the Internet/Network or that are unlawful.
25. Non-enforcement of any section of this Agreement does
not constitute consent and the Company reserves the right to
enforce this Agreement at its sole discretion. Neither party's
liability in respect of death or personal injury caused by or
arising from that party's negligence is affected by anything in
this Agreement.
26. If any one or more paragraphs in this Agreement is
found to be unenforceable or invalid, User Organisation's and the
Company agreement on all other paragraphs shall remain valid.
27. Service level guarantees and compensation in the
absence of a guaranteed service level agreement. The following
table lists the service levels expected and compensation guidelines
should the service fall below these levels. The compensation
includes the fee's or proportion thereof that is levied by Internet
Central for the provision of service only and does not include any
other on-going fee's e.g. in the case of Fixed Lines no refund
would be made in respect of the physical circuit from BT or other
supplier.
Percentage uptime in any month Compensation
• 99.5% and above (Standard SLA
Target)
• 95% or below 7 Days Credit
• 93% or below 14 Days Credit
• 90% or below 1 Month Credit
Disruptions in service beyond our control will not be counted
toward the compensation clause. In the case of scheduled
maintenance of the service this would be scheduled by the company
and notification of pending outages will be posted on our web site
in advance, compensation can only be claimed for downtime in excess
of the period specified on the web site.
28. Equipment and Software supplied by the company remains
the property of the company and the User Organisation agrees to
return the equipment or software in the condition supplied with all
packaging upon request or pay the full cost of that item.
29. Where equipment is sold to the User Organisation the
equipment remains the property of the Company until paid for in
full. When equipment is sold to the User Organisation the equipment
is sold with the manufacturer's warranty only and unless specified
otherwise will be subject to the manufacturers terms and
conditions. In the event of a fault on equipment supplied within
the manufacturer's warranty period unless otherwise specified at
time of order or by the terms and conditions from the manufacturer
the equipment should be returned to Internet Central for return to
the manufacturer for repair or replacement.
30. Where software is supplied the publisher's terms and
conditions apply, no software may be returned for refund once the
packaging has been opened or the software installed. If the
software media is faulty this will be replaced within 7 days of
supply and after this period a charge may be levied.
31. Domain registration services are supplied and the terms
and conditions of the appropriate ICANN approved registrar apply.
Domains will be automatically renewed providing the customer
maintains a valid account with the company and once renewal bills
have been raised no transfers may take place until the account is
settled in full. Some domain authorities may hold the domain for a
period of 60 days following transfer or billing and will not allow
registrar transfer during this period.
32. Web site hosting services are provided subject to
acceptance of our Web Hosting acceptable usage policy, which is
located on this section of the web site, uploading and use of these
services assumes acceptance of these terms.
33. Server hosting is subject to these terms and conditions
of connectivity supply and support, servers will be housed in one
of our network centres and provided with power and connection to
our UPS in an air-conditioned environment. Unless otherwise agreed
normal support hours will apply and support will apply for the
Ethernet connection to the server and Internet access to that point
only. The customer is responsible for all maintenance and insurance
for any server supplied.
Document revision 6.4 19-01-2012
