All
services and orders in whatever terms are accepted subject to the
following terms and conditions which will apply even if we receive an
order form with different terms and conditions, unless varied in
writing by an authorised representative of POBOX Internet Limited
hereinafter referred to as POBOX
Terms of Business
1. A legal
binding contract is made only when we accept your written order or
online order by sending or otherwise transmitting to you confirmation.
You are not entitled to cancel your order.
2. The
customer shall be deemed to have accepted the service on the date they
are notified that it is operational, in the case of an online order
this is immediate.
3. The
customer agrees with POBOX to pay all charges, VAT and any bank charges
that may arise when they fall due, and that should payment not be
received with in the specified terms that the service will be suspended
without further notice.
4. The
customer agrees to inform POBOX in writing of any reason for
non-payment within 7 days of the receipt of the invoice.
5. POBOX
agrees to respond to the customer’s reason for non-payment in
writing within 14 days of receipt.
6. POBOX
warrants to the customer that it will provide all services ordered with
reasonable care and skill but POBOX does not warrant or undertake this
will cause the services to operate without fault or interruption.
7. POBOX
can never guarantee a product or service provided by a third party for
and on behalf of a customer, however will endeavour to act in the best
interest of the customer.
8. POBOX
shall use all reasonable endeavours to correct as soon as is reasonably
practicable any fault notified by the customer.
Acceptable user policy (AUP)
9. The
customer warrants and undertakes that it shall in its use of the
services comply with PO Box’s acceptable usage policy, any
relevant legislative and regulatory provisions and shall not use the
services for any illegal purpose and shall indemnify POBOX in respect
of any liability incurred as a result of a breach of this clause.
10. On
occasion we may choose to tell you about new features to be added. No
guarantee can be made for the provision of these services, nor their
merchantability or fitness for purpose, therefore refunds cannot be
offered for services that are not launched, or if any part of the
service is withdrawn for technical, legal or ethical reasons.
11. POBOX
makes no guarantee of availability of service and reserves the right to
change, withdraw, suspend, or discontinue any functionality or feature
of the POBOX service.
12. We do
not guarantee that the service (including web hosting and email) will
be free from interruptions or that the service will be free from
errors. We may also have to suspend the service from time to time to
carry out maintenance and to make upgrades to it. If we have to suspend
the service we will try to give you as much notice in advance as
possible on our site and through mailing lists.
13. POBOX
reserve the right to remove or suspend activities that are in breach of
our AUP
14. POBOX
reserves the right to remove any software, information or other
material that contains a harmful virus, ‘Trojan
Horse’, corrupt data or any other harmful or damaging
components.
Web Hosting and Email
15. POBOX
websites packages have bandwidth limits on transfers per calendar
month; bandwidth usage over and above this allocation will be charged
at £5 per additional gig transferred. This charge is normally
levied at the end of each calendar month, if payment is not made
immediately on request we reserve the right to disable your web site.
In exceptional circumstances we may seek to be re-imbursed for
bandwidth usage prior to the end of a calendar month, again if payment
is not made on request we reserve the right to disable your web site.
16. For
customers who have taken advantage of FREE .uk domain registration the
following special conditions apply
a.
The FREE registration of a domain is included in the price,
the payment is NOT for the registration of that Domain Name as this is
FREE (subject to conditions contained herein). Payment is for access to
member services.
b.
IN THE EVENT THAT YOU WISH TO REMOVE THE DOMAIN TO ANOTHER
SERVICE PROVIDER YOU AGREE TO US CHARGING YOU AN ADMINISTRATION FEE,
CURRENTLY £10.00 (+ VAT AT THE PREVAILING RATE), TO EFFECT
THE TRANSFER. YOU AGREE THAT THIS FEE WILL BE DEEMED OWING ONCE WE HAVE
RECEIVED THE TRANSFER REQUEST AND YOU ALSO AGREE THAT THE TRANSFER
CANNOT HAPPEN UNTIL THIS AND ANY OTHER AMOUNTS OWING IN CONJUNCTION
WITH THIS ACCOUNT ARE PAID IN FULL.
c.
For the purposes of administration of the domain name you
agree to appoint us as your representative to complete the formalities
with Nominet UK and to deal with Nominet UK on your behalf for the
duration of our agreement; accordingly all your dealings with Nominet
UK must be through us. When we register your domain name a record of
ownership will be available to the public on the register maintained by
Nominet UK. You must not intentionally ask us to register a domain name
that infringes the rights of any other person and there can be no
guarantee that your choice of domain name will be available. When the
domain name is registered in your name you will also be subject to the
terms and conditions of Nominet UK which are available for inspection
at http://www.nic.uk/terms.html.
d.
The domain name remains free only if you remain a user of our
service. In the event that you are not still a user of our service on
the second anniversary of the domain name being registered, Nominet UK
may invoice you for the applicable renewal fee at the appropriate rate.
In registering a domain name you are giving us full agent authority to
act on your behalf, with regards to transferring and or deleting the
domain name.
e.
We may terminate your account without notice, if you breach
the Terms and Conditions of Nominet UK, the UK domain registrars.
f.
You agree to be bound by the Nominet UK Dispute Resolution
service in the event that any other party claims to be entitled to the
domain name you have registered.
g.
POBOX is NOT responsible for the payment of renewals fees on
domains that are not registered through Nominet Uk
Dialup Services
17.
For customers who have subscribed to our unmetered Internet Dialup
Services the following special conditions apply.
h.
Connection to the service will only be possible when using a
BT Telephone Line with CLI (calling line identification) enabled (you
may not connect to the service if you withhold your telephone number).
i.
You must not attempt to make MPPP or other such bonded
connections to our service (this is considered to be more than one
simultaneous connection), unless you have subscribed to such a service
with POBOX
j.
You are limited to using the service for the maximum hours
detailed in your account. we reserve the right to temporarily
disconnect you from service if you abuse this clause.
k.
Unmetered Dialup services are not intended to be permanent
connections; therefore, you must not leave your connection to the
internet idle or use a connection of any means that makes automatic
unattended connections to the Internet.
l.
We reserve the right to temporarily disconnect you from the
service if your connection is either idle for the agreed length of time
in your package.
General
18.
In no event will POBOX or its network service suppliers be liable for
any damages, including but not limited to loss of data, loss of revenue
or profits, or for any other special, incremental, indirect or
consequential damages, arising out of or in connection with the use of
or inability to use services or products provided hereunder.
19. POBOX
and its network service suppliers disclaim all express and implied
warranties, including warranties of merchantability and fitness for a
particular purpose. Neither POBOX nor its network service suppliers
will be liable for unauthorised access to or alteration, theft or
destruction of end users data files, programs, procedures or
information through accident, fraudulent means or devices, or any other
method, regardless of whether such damage occurs as a result of POBOX
or its network service supplier’s negligence.
20. The
customer shall indemnify POBOX and shall hold PO Box harmless against
any and all losses, damages, costs and expenses arising from or in
connection with any claims or proceedings bought by third parties
against PO Box in respect of or arising directly or indirectly from
resale of services.
21. Any
notice required or authorized to be given may be delivered by post to
the address stated for that party and shall be deemed to have been
served 72 hours after posting.
22. In the
case of any customer, which is an individual about whom PO Box
processes personal data (as defined by the Data Protection Act), PO Box
may use such data to provide the customer with details of other PO Box
products which may be of interest to the customer.
23. In the
event of dispute between parties concerning this agreement each of the
parties shall in the first instance, bring the dispute at the earliest
opportunity to the attention of a Director or similar officer.
24. All
contracts are governed by and constructed in accordance with English
Law and the parties irrevocably agree to the exclusive jurisdiction of
the English courts. |
