Netkonect 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 their order.

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 or interruption.

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 user’s 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 Netkonect’s 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 officer.

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 facilities;

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.