General Terms & Conditions
1 INTERPRETATION AND DEFINITIONS
1.1 This contract governs the provision of Intrascape Communications Limited service to the customer.
1.2 In this contract the following terms shall have the respective meanings assigned to them (words in the plural include the singular and vice versa): “Intrascape Communications.” and ” Intrascape ” means Intrascape Communications Limited; “The Service” means the services provided by Intrascape Communications Limited to enable the customer to access the Internet and, where applicable, any services and facilities provided by Intrascape Communications Limited in connection with the Service; “Customer” means the person, or group of people, who receive the service from Intrascape Communications Limited under the terms of this contract; “ID” means “User ID”, the unique account identity issued to each customer; “Terminal” means all equipment and software used by a customer to receive the service; “Subscription fee” means the amount payable by the customer for access to the service; “Charges” refers to money owed by the customer as a result of using any charged facility or service; “Effective Date” refers to the date upon which a change/notification or termination comes into effect.
1.3 These terms and conditions are subject to the laws of England and the customer hereby submits to the jurisdiction of the English Courts.
2 PROVISION OF Intrascape Communications Limited SERVICE
2.1 The service shall comprise of such services and facilities provided at such times, during such periods and in such circumstances as Intrascape Communications Limited shall decide from time to time.
2.2 The customer’s access to the service may be occasionally restricted to allow repairs, maintenance, implementation of new facilities, archiving, or any other necessary works.
2.3 Any application or request made by the customer to Intrascape Communications Limited for any change in service must be made in writing, unless both Intrascape Communications Limited and the customer agree upon another method of notification.
3 RIGHTS RESERVED BY Intrascape Communications Limited.
3.1 To alter or amend its arrangements for the customer’s access to the service,
3.2 To give instructions about use of the Service which Intrascape Communications Limited thinks reasonably to be necessary in the interests of safety, or of the quality of Service to Intrascape Communications Limited’s other customers and any such instructions shall, whilst they are in force, be deemed to form part of this contract.
4 USE OF THE SERVICE
4.1 The customer shall not, nor permit any other person to, use the Service:
4.1.1 to send or receive any material which is abusive, indecent, obscene, defamatory, racist, offensive, menacing or in breach of confidence, copyright or any other rights to any member of the public or any member of staff of Intrascape Communications Limited;
4.1.2 to cause annoyance, inconvenience or needless anxiety
4.1.3 other than in accordance with the acceptable use policies of any connected networks and the Internet Standards
4.1.4 to send unsolicited advertising or mailshots of any kind;
4.2 Assign, transfer or ‘sub-let’ his or her right of access to the service.
5 ACCESS TO THE SERVICE
5.1 Intrascape Communications Limited shall not be held responsible for the customer’s inability to access the service due to incompatibility between a customer’s terminal equipment and any equipment used by Intrascape Communications Limited.
5.2 The customer will still be liable to any charges for the service if they become unable to access the service for any period of time.
5.3 Intrascape Communications Limited shall not be held liable for any inability to access the service due to faults or failures in any communications network between the customer and Intrascape Communications Limited.
5.4 Intrascape Communications Limited shall not be held liable for non-receipt of any communication by the customer.
5.5 Intrascape Communications Limited shall not be held liable for any inability to access the service caused by delay or non-action of any third-party to attend to any faults or other issue, regardless whether such instruction was issued by Intrascape Communications Limited, the customer, or any other party.
5.6 The customer must immediately notify Intrascape Communications Limited in writing of any change to their contact details.
6 CHARGES FOR THE SERVICE
6.1 Intrascape Communications Limited shall collect any charges relating to facilities available on the service.
6.2 Intrascape Communications Limited may alter the subscription fee or any of its charges at any time by giving notice of the change on the service before the new charges are levied against the customer.
6.3 The subscription fees are payable in advance and are not refundable, except where stated otherwise.
6.4 Charges and subscription fees shall be payable on demand.
6.5 Intrascape Communications Limited shall collect any charges accrued by the customer or anyone using the customer’s ID at any time.
6.6 Charges are exclusive of value added tax unless otherwise stated.
6.7 Charges and subscription fees do not include charges for any communications service used to connect the customer to the service unless otherwise stated.
6.8 Intrascape Communications Limited shall charge interest on any unpaid amounts at a rate decided by Intrascape Communications Limited from time to time.
6.9 Any price reductions given to an invoiced customer are conditional upon invoices being paid within the time limit shown on the invoice. Invoices not paid within the time limit may be cancelled and a replacement invoice issued for the full price of the service.
6.10 Where a customer is regularly late paying invoices, all discounts may be cancelled and they may be subsequently be required to pay the full price for all transactions.
6.11 Cheques returned unpaid by the customer’s bank shall incur an administration charge.
7 TERMINATION AND SUSPENSION OF SERVICE
7.1 If a customer:
7.1.1 fails to pay any subscription fees or charges;
7.1.2 is the subject of a bankruptcy order;
7.1.3 fails to follow any part of this or any contract that it holds with Intrascape Communications Limited;
7.2 Intrascape Communications Limited may (without prejudice to any other right or remedy):
7.2.1 suspend the customer’s access to the service whilst the customer continues to pay any of the charges and subscription fees
7.2.2 after giving written notice, immediately terminate the contract between the customer and Intrascape Communications Limited. The unused portion of the customer’s subscription fee will not be returned.
7.3 Intrascape Communications Limited may also terminate the customer’s access to the whole or any part of its services at any time and for any reason by giving written notice and returning the unused portion of the subscription fee at Intrascape Communications Limited’s discretion.
7.4 The customer may terminate their access to the service by providing written notice of not less than one calendar month.
7.5 Any notice of cancellation/termination the customer sends will take effect from the next billing date for monthly paying customers, or on receipt of notification for customers billed for longer periods than monthly, and in all events will expire one calendar month from the effective date.
7.6 If for any reason the contract between the customer and Intrascape Communications Limited is terminated the customer shall remain liable for all outstanding charges and subscription fees and this contract shall continue to cover any material sent by the customer for as long as it remains on the service.
8 LIMITATION OF LIABILITY
8.1 Intrascape Communications Limited has no obligation, duty or liability for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
8.2 The customer acknowledges that Intrascape Communications Limited has no control over the information transmitted via the Service and that Intrascape Communications Limited does not examine the use to which customers put the Service or the nature of the information they are sending or receiving. Intrascape Communications Limited hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
8.3 Intrascape Communications Limited is, in no circumstance, liable in contract or otherwise for direct or indirect loss of business, revenue profits, savings, wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.
8.4 In any event Intrascape Communications Limited liability shall be limited to the amount the customer has paid in respect of service for the subscription period in which the incident or series of incidents occurred.
8.5 The customer shall indemnify Intrascape Communications Limited against any claims, legal proceeding and expenses (including, but not restricted to, legal fees), arising from the Customer’s use of the Service which are brought or threatened against Intrascape Communications Limited by another person.
8.6 In the event of any part of this agreement being held inapplicable or unreasonable, the remainder of the agreement shall remain in full force and any clause held inapplicable or unreasonable shall be enforced to the fullest extent possible.
8.7 Intrascape Communications Limited may at any time, with immediate effect, modify these terms and conditions by publishing the amended service agreement on the service.
9 SERVICE OF NOTICE
9.1 Any written document shall be deemed to be given or served by Intrascape Communications Limited on the day that it is emailed to the customer’s User ID or email address, or posted to, or left at, the address given by the customer for receiving bills and/or other documents.
9.2 Any information published on the service, including changes to subscription fees or charges, shall be deemed to be given or served by Intrascape Communications Limited on the day that it is published.
10. DOMAIN NAME REGISTRATION
10.1 When registering or renewing a Nominet .UK domain via Intrascape, Intrascape and you as the registrant are required to comply with Nominet’s Terms and Conditions of Domain Name Registration which may be found here: http://www.nominet.org.uk/nominet-terms
10.2 The customer is required by The Internet Corporation for Assigned Names and Numbers (ICANN) to ensure their domain registration information is kept up-to-date. Intrascape Communications Limited will perform any required amendments to domain name information on the customer’s behalf on receipt of written instruction from the domain holder or their authorised contact.
10.3 The customer must notify Intrascape Communications Limited in writing of the name(s) and email address(es) of any authorised contact(s) before changes will be made to domain, or any other, information.
11 FORCE MAJEURE
11.1 Intrascape Communications Limited shall not be held liable for any breach of this contract caused by circumstances outside its control, including, but not limited to, Acts of God, fire, lightening, explosion, war, disorder, flood, industrial disputes (whether or not involving its employees), extremely severe weather or acts of local or central Government or other competent authorities.