|
|
 About Us - Terms & Conditions |
LRHOSTING TERMS AND CONDITIONS OF BUSINESS
In these Conditions:
1. "Agreement" means any agreement made subject
to these Conditions which shall incorporate these Conditions.
2. "Company" means LRHosting
of Unit 22-24 Buckingham Square, Hurricane Way, Wickford, Essex. SS11 8YQ
3. "Customer" means any person or organisation
with whom the Company enters into an Agreement subject
to these conditions.
4. "Service" means the services described in
the current Company literature together with such Value
Added Services to be provided by the Company to the Customer.
5. "Service Commencement Date" means the date
identified as the delivery date on the company invoice
to the Customer.
1. ACCEPTANCE OF APPLICATION
The Company reserves the right to refuse any application
for subscription or service.
2. THE SERVICE
1. Subject to these Conditions the Company will:
2. Perform domain registrations which can take up to 4
working days from point of payment and receipt of full
details. It is the responsibility of the registrant to
check that a domain name has been successfully registered
or renewed. LRHosting are unable to take responsibility
for domain names that have expired.
3. Provide Web Sites hosting which can take 1 week from
point of payment until fully operational.
3.
PAYMENTS
1. All payments shall be due to the Company net on presentation
of invoice unless otherwise specified on the invoice at
the Company's main office or at such other address as
may from time to time be specified by the Company in writing.
All usage charges shall be payable in full in respect
of the month in which the notice to terminate the Agreement
expires.
2. Interest payable on demand whether before or after
judgment shall accrue from day to day on overdue amounts
at the rate of 4% above base rate.
4. USAGE
The Customer hereby agrees to:
1. Refrain from transferring any illegal material to or
from other users of the service or the PDN and the other
privately owned and operated services to which the Company
may from time to time provide access.
2. Refrain from sending menacing, offensive, abusive or
annoying messages whilst using the service.
3. Not divulge their password to any third party and use
all reasonable endeavors to keep the same confidential
and inaccessible to third parties.
4. Keep the Company informed of any change to the Customer's
address as set out overleaf and other such information
as may effect the payment of charges due.
5. Immediately cease to use and return any Internet Addresses
allocated by the Company to the Customer on termination
of this Agreement.
6. Not to announce by any means any and all Internet addresses
allocated to or by the Customer as part of an Autonomous
System.
7. Not to use or permit the usage of the service in an
unlawful manner or in contradiction of published legislation
and regulations governing the Internet.
8. To include the above restrictions in all the Customer's
on selling conditions using the Company's service and
not to resell a bandwidth greater than that purchased
and contracted from the Company unless linked to the Internet
through another provider in addition the bandwidth provided
by the Company (dual homed) when the restriction will
apply at the aggregated data rate.
9. We currently do not allow IRC or IRC bots, eggdrops
or BNC to be operated on our servers. We reserve the right
not allow clients to install certain chat rooms, some
of which tend to be large system hogs. Any chat room software
must run without hindering the performance of the machine
for others.
10. Bandwidth Usage : If the customer exceeds the bandwidth
purchased within their hosting package, excess bandwidth
will be charged at the prevailing rate.
11. If contracted bandwidth is excessively exceeded such
that it places an unacceptable burden on The Company's
resources, The Company reserves the right to terminate
access to the site without notice. Bandwidth usage in
excess of 2GB above the contracted rate will be considered
as excessive.
12. Server Processes: Any such hosting service that exceeds
an acceptable load on our server(s) may be subject to
termination, modification or transfer to an alternate
platform without any forewarning or notice to the end
user.
5. LIABILITY
The Company shall not be liable for any loss or damage
howsoever caused: 1. Economic loss, including loss of
profits, business revenue and goodwill.
2. Any claim made against the Customer by another third
party.
3. Any loss or damage to the Customer caused by or arising
from any act or omission of the Customer, the Company,
any PTO or Value Added Service supplier.
4. Any act caused as a result of force majeur or beyond
the Company's control.
6. SUSPENSION
1. Failure by the Customer to make any payment to be made
to the Company on its due date for payment.
2. If the Customer does or suffers anything to be done
which jeopardises the service or any network to which
it is from time to time connected.
3. If the Customers credit limit has been exceeded or
if the Customer is otherwise in breach of these Terms
and Conditions.
4. No such suspension shall affect the liability of the
Customer to pay charges and other amounts to the Company,
and without limitation, the Annual Subscription Charge
will continue to accrue. During suspension the Company
reserves the right to refuse to release the User's Internet
Address as issued by the company.
7.
TERMINATION
This Agreement shall remain in force for a minimum period
of 12 months from acceptance of Customers application
being the date on which the company's order form was signed
by the Customer Termination can be effected as follows:
1. By the Customer. The Customer may terminate this Agreement
by giving one month's notice. Email notification will
not be accepted as notice of termination of Agreement.
2. By the Company. The Company may terminate this Agreement
at any time and without notice if (a)if the Customer commits
any breach of this Agreement including but without limitation
non-payment of the Subscription Payments. (b) by at least
one month's written notice to the Customer.
3. The Company reserves the right to invalidate any Customer's
User name and Internet Address issued to the Customer
following termination of this Agreement.
4. Domain name hosting and transfer request for DNS records
must be writing with the authorised signature of the domain
owner.
5. No refund of Subscription Payments will be made to
the Customer upon termination of the Agreement by either
the Company or the Customer.
8. RIGHTS
ON TERMINATION
1. Termination of the Agreement shall not affect any pre-existing
liability of the Customer or affect any right of the Company
to recover damages or pursue any other remedy in respect
of any breach by the Customer of the Agreement.
2. On termination of the Agreement right to the use of
the Internet IP Address allocated by the company shall
revert to the Company under RIPE terms or agreement except
where specific agreement has been reached in writing between
the RIPE and the Customer for the transfer of the Internet
Address and the fee or other payment required by the Company
in connection with such transfer has been paid for by
the Customer.
3. In the event of termination of the Agreement by the
Company on account of any breach of the terms and conditions
thereof by the Customer the Company shall be entitled
to the balance of all Annual Subscription Payments and
Call Charges which would but for such termination have
accrued due up to the earliest date on which the Agreement
could have been terminated by the Customer in accordance
with the terms hereof.
9. USERNAME AND
INTERNET ADDRESS
1. The Company shall not be requested or required to release
the User name Domain Name or Internet Address and may
refuse to do so until this Agreement has been lawfully
brought to an end and all sums due hereunder have been
received by the Company, and the Customer has complied
with all its obligations hereunder.
2. Domain Names remain the property on the Company until
all sums due have been received.
3. The reserves the rights to charge an admin fee of £25.00
to transfer a domain away from the Company's network,
change the IPS Tags for a domain or change any Handles
for a domain.
10. NOTICES
1. Any notices under or in connection with this Agreement
shall be in writing and shall be delivered by Royal mail
post to the relevant address given in the Agreement or
to such address as the recipient may have notified to
the other party via E-mail for that purpose.
2. Suspension notices for non-payment of Charges will
be deemed as delivered by facsimile to the relevant facsimile
number given in the Application or to such facsimile number
as the Customer may have notified.
3. Any notice shall be duly given, if given by pre-paid
first class mail, at the expiration of 48 hours after
the envelope containing the same shall have been posted.
In proving such service it shall be sufficient to prove
that delivery was made or that the envelope containing
such communication was properly addressed and posted as
a pre-paid first class letter.
11. EXPENSES
OF THE COMPANY
The Customer shall pay to the Company all costs and expenses
(so that any legal fees shall be based on an indemnity
basis) incurred by the Company in enforcing any of these
Conditions, or exercising any of its other rights and
remedies under the Agreement, including (without prejudice
to the generality) all costs incurred in tracing the Customer
in the event that legal processes cannot be enforced at
the address last notified to the Company.
12.
NON-WAIVER
The allowance of time to pay or any other indulgence by
the Company in respect of payments due to it shall in
no manner affect or prejudice his right to payment together
with interest provided under these Conditions.
13. INVALIDITY
If this Agreement or any part thereof shall be adjudged
for any reason to be void, unenforceable or ineffective
but would be adjudged to be valid effective and enforceable
if part of the wording were deleted or a provision were
reduced in scope this Agreement shall continue with such
modifications as may be necessary to make its provisions
(or if such be the case its remaining provisions) valid
effective and enforceable.
14. VARIATION
The Company reserves the right to vary these terms and
conditions as a result of changes required by its insurers,
operation or administration problems, new legislation,
statutory instruments, Government regulations or licences.
These Conditions may not otherwise be varied or waived
except by express written agreement between both parties.
15. SERVICE LEVEL GUARANTEE
The Company warrants that its supply of access to the
Internet shall be available at a level 99.7% per year.
This warranty excludes failures of local circuits between
The Company's network and the Customers network and or
failures of or in the operation of customer owned hardware
and or software. In the event of suspension of service
due to a technical fault in the network or act of God,
the Company will use all possible endeavour to resume
service with minimum delay but will not be responsible
for loss suffered by the Customer. The Company may suspend
the service from time to time for necessary technical
reasons and network upgrades outside the 99.7% warranty
as above provided that 48 hours notice has been given
to the Subscriber, that the period of suspension is not
more than one hour and that the time that the suspension
occurs is usually chosen to be between 0000 hours and
0600 hours UK local time.
16. LAW AND ARBITRATION
This agreement is subject to the laws of England under
the jurisdiction of the Courts of England and any alteration
to part of the agreement shall not invalidate the remainder.
This agreement incorporates the provisions for arbitration
if any are available under any Code of Practice issued
by the Network operator under the provision of its licence. |
|
|
|
|
|
