Communications plc - Standard Terms and Conditions
All orders in whatever
terms, are accepted subject to the following terms and conditions which
will apply even if Netkonect receive an order form with different terms
and conditions, unless varied in writing by an authorised representative
of Netkonect Communications plc hereinafter referred to as Netkonect.
1. All orders will be signed by the customer or their authorised representative.
A legally binding contract is made only when Netkonect accept the customers
written order by sending or otherwise transmitting to the customer a
contract or confirmation of service. After Netkonect have sent or otherwise
transmitted one of these documents the customer is not entitled to cancel
2. The customer shall be deemed to have accepted the service on the
date they are notified that it is operational.
3. The customer agrees with Netkonect to pay all charges, VAT and any
bank charges that may arise when they fall due.
4. Netkonect warrants to the customer that it will provide all services
ordered with reasonable care and skill but Netkonect does not warrant
or undertake that this will cause the services to operate without fault
5. Netkonect 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.
6. Netkonect shall use all reasonable endeavours to correct as soon
as is reasonably practicable any fault notified by the customer.
7. The customer warrants and undertakes that it shall in its use of
the services comply with Netkonect's acceptable usage policy, any relevant
legislative and regulatory provisions and shall not use the services
for any illegal purpose and shall indemnify Netkonect in respect of
any liability incurred as a result of a breach of this clause
8. In no event will Netkonect
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, incidental, indirect or consequential damages, arising
out of or in connection with the use of or inability to use services
or products provided hereunder.
9. Netkonect and its network service suppliers
disclaim all express and implied warranties, including warranties of
merchantability and fitness for a particular purpose. Neither Netkonect
or 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 Netkonects or its Network service suppliers negligence.
10. The customer shall indemnify Netkonect and shall hold Netkonect
harmless against any and all losses, damages, costs and expenses arising
from or in connection with any claims or proceedings brought by third
parties against Netkonect in respect of or arising directly or indirectly
from the resale of services.
11. Any notice required or authorised 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.
12. In the case of any customer who is an individual about whom Netkonect
processes personal data(as defined by the Data Protection Act), Netkonect
may use such data to provide the customer with details of other Netkonect
products which may be of interest to the customer.
13. In the event of a dispute between the 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
14. 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
15. Please note FTP access
will only be given to users of Netkonect dial up accounts or to holders
of static IP addresses if accessing from another network. This static
IPs must be issued to Netkonect to be added to the access list.
16. Any mail sat on the mail server, unopened for over 90 days will be removed from the mail server.
17. If a mailbox remains unused for 90 days it will be removed from the mail server.
Acceptable Usage Policy
The following policy is intended to be a guideline to Netkonect Communications
plc's stance against violations of the accepted norms of the internet
community and is not intended to be exhaustive. We reserve the right
at all times to protect our reputation and goodwill.
The customer and or end user must not use Netkonect Communications plc's
service for any of the following purposes:
1. To commit or encourage a criminal offence;
2. To send or receive any material which is offensive, or which maybe
construed as abusive, indecent, obscene or menacing, or in breach of
confidence, copyright, privacy or any other rights;
3. Do anything which is contrary to the acceptable use policies of any
connected networks and Internet standards;
4. Insert or knowingly or recklessly transmit or distribute a virus;
5. Hack into or disrupt any aspect of the Service (The customer and
or end user must not use their account for the purpose of obtaining
unauthorised access to any computer or service, or to circumvent, or
attempt to seek to circumvent, any of the security safeguards of Netkonect
Communications plc's or any of its suppliers or users);
6. Cause annoyance to subscribers or others;
7. Use any domain name or mailbox name so as to infringe upon the rights
of any other person whether in statute or common law, in a corresponding
trade mark or name;
8. Send any unsolicited advertising or other promotional material, commonly
referred to as "spam" by email or by any other electronic
means, and the customer and or end user must not post articles of a
commercial nature to newsgroups which are inappropriate to the subject
of the article.
9. Send any unsolicited emails advertising a site or service on Netkonects
or any other providers network, or allow any third party to do so.
10. Send email or any other type of electronic message with the intention
or result of affecting the performance or functionality of any computer
11. The customer and or end user must not email a person after they
have specifically requested that do not want to be mailed. This applies
to any automated mail system employed by the customer or end user.
12. The customer and or end user must not send email or post articles
with headers modified in such a way as to disguise the true source of
such mail or article.
13. The customer and or end user must ensure that his or her equipment
cannot be used to relay mail for a third party.
14. Where applicable the customer and or end user is responsible for
maintaining the confidentiality of their username and the password assigned
to them on registration. As a result they are fully responsible for
all activities which occur under them. They must notify Netkonect immediately
if they become aware of any unauthorized use of their username and password.
15. If any of the above
conditions are breached, Netkonect reserves the right to immediately
terminate customer connections.