Terms and Conditions
TERMS AND CONDITIONS OF ACADEMY INTERNET SOLUTIONS LIMITED. Company No: 3969180
1. AGREEMENT - (i) Unless it is otherwise agreed in writing, these Terms & Conditions apply to all agreements between Academy Internet Solutions Limited (hereinafter referred to as 'the Service Provider') for the provision of all services including, but not limited to, electronic mail and web space (hereinafter referred to as 'the Service') to any individual or organisation (hereinafter referred to as 'the Subscriber’) who shall be legally bound by them.
(ii) All other conditions, requirements, declarations, statements, undertakings, obligations, and warranties of the Subscriber, or Service Provider, and all duties of care and all liabilities (if any) of the same arising therein, are hereby wholly excluded. (iii) The Service Provider reserves the right to modify these Terms & Conditions, and the services provided, at its own discretion, and shall inform the Subscriber of such modifications via email. Terms and Conditions currently in force will be displayed on the Service Provider’s website :-http://www.academy-internet.net/terms.html . Any objections to said modifications must be indicated to the Service Provider within 30 days of notification. By which time, in the absence of such notification, the modifications become binding for both parties.
2. PRICE VARIATIONS AND QUOTATIONS - (i) All price quotations for internet services may be modified as per 1(iii) above. The Service Provider shall not be held to any price quoted over the telephone or verbally, by any salesperson or other representative of the Service Provider, unless such information is confirmed in writing or verbally by one of the directors of the Service Provider. (ii) Where the Subscriber requests exceptional provision of service, an extra charge may be made to cover any overtime or any additional costs involved.
3. PRELIMINARY WORK - Any advance work carried out, whether experimental or otherwise, at a Subscriber or prospective Subscriber's request, shall, unless otherwise agreed in writing and at the Service Provider’s discretion, be charged for at the appropriate rate.
4. PAYMENT SCHEDULE - (i) Unless otherwise agreed in writing, the Subscriber must pay for any website construction and reconstruction, including any website design or redesign, by way of a 50% advance payment and 50% balance payment. Payment of this balance shall become due on completion of all work ordered by the Subscriber, or 28 days from the date of order, if the Service is completed within 28 days of date of order. Any services provided, which are not covered above, shall be payable by a separately agreed schedule. (ii) Unless agreed otherwise, the Service Provider is under no obligation to commence any work, or make any provision for the work or services ordered, until the Subscriber has paid a 50% advance payment. (iii) The Service Provider shall be entitled, at its discretion, to charge the Subscriber additional sums arising from late payment of outstanding accounts and dishonoured cheques etc. In the case of late payments for outstanding accounts, there would be a charge of £10 for each reminder letter required to be sent to The Subscriber. In the case of a dishonoured cheque, the sum would be an amount of £20. The Service Provider shall also be entitled to recover from the Subscriber any, and all, costs and disbursements, incurred by the Service Provider in employing a solicitor, debt collector or other third party, to enforce or collect payment of any overdue account. (iv) Whilst an account is overdue for payment, the Service Provider may withhold, or suspend performance of, any outstanding contractual obligations.
5. LIABILITY - (i) Whilst the Service Provider will endeavour to provide a prompt and continuing service to the best of its ability, the Service Provider shall not be liable for any losses (including loss of data) resulting from non-deliveries, delays, missed deliveries, or service interruptions, caused by events beyond its control, or by errors instigated by the Subscriber. (ii) The Service Provider excludes any warranty as to the accuracy or quality of information obtained through the Service. (iii) All internet domain names are registered on behalf of a Subscriber, in good faith, with the relevant naming organisation (e.g. Nominet) subject to the Terms and Conditions of that organisation, and subject to availability of domain names at the time of ordering by the Service Provider. The Subscriber must not assume it is the official Registrant of any domain names until confirmation is given by the Service Provider, to the Subscriber in writing, that it is the official Registrant. Any claims for reimbursement for expenses for publicity, or other materials, produced without written confirmation of registration of domain names, are entirely excluded. All other claims are limited as per 5 (ii) above. (iv) Any outstanding monies remaining owing on invoices, and any monies owing due to dishonour of commitment to the Service Provider, shall be paid to the Service Provider before any transfers to another Service Provider will be permitted. (v) The Subscriber accepts that all internet services are subject to occasional periods of unavailability. If the Subscriber believes its website, or any other services provided by the Services Provider are critical to the success of its business, and/or the Subscriber requires higher than normal availability levels, it must notify the Service Provider in advance. The Service Provider may then, at its discretion, make special provision for these services, or may agree to terminate the Contract.
6. ILLEGAL MATTER - (i) The Subscriber acknowledges that it may only use the service for lawful purposes. The Subscriber warrants that it shall not knowingly use the service to receive or transmit material that is obscene, menacing, offensive, threatening, defamatory, in breach of confidence, in breach of any intellectual property right, or otherwise unlawful. (ii) The Subscriber also acknowledges (a) that its email access account is to be used by a single user only (unless otherwise agreed), (b) that it will not allow simultaneous access to the service using the same login (which is provided to the customer as the registered user of the account), and (c) that it will keep the username and password secure. (iii) If any passwords, associated with the service, become known to an unauthorised user, the Subscriber must inform the Service Provider immediately. Any breach of these obligations shall entitle the Service Provider to immediately terminate the service to the Subscriber. (iv) The Service Provider shall not be required to produce, or disseminate, any matter which, in its opinion, may be considered to be obscene, threatening, defamatory, or of an illegal or libellous nature, or an infringement of the proprietary rights of a third party. (v) The Service Provider shall be indemnified by the Subscriber in respect of any claims, costs and expenses arising from any libellous matter, or infringement of copyright, patent, design, or any other proprietary or personal rights, contained in any material produced for, or published by, the Subscriber. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
7. COPYRIGHT - (i) All content of the Service, provided directly by the Service Provider, is protected as a collective work of the Service Provider under applicable copyright law. The copying, redistribution, or publication, by a Subscriber, of any such content or any part of the service, is prohibited, except as expressly provided in these Terms & Conditions. (ii) Each subscriber who places information software, or other content, in the public areas of the Service, grants the Service Provider the right to edit, copy, publish, distribute, translate, and otherwise use in connection with the service, such information software or other content. Subject to this, each Subscriber who places information software, or other content, on the Service retains any rights the Subscriber may have in such information software or other content. (iii) Copyrighted material must not be placed on the Service by the Subscriber without the permission of the owner(s) or person(s) they specifically authorise. Only the owner(s) or authorised person(s) may upload copyrighted material to the Service. (iv) Subscribers shall assume all risks regarding determination of whether a programme is in the public domain.
8. RESTRICTIONS OF USE - (i) The Subscriber shall not publish to the Service (or send via electronic mail) any material that contains advertising, or which promotes any solicitation of goods and services for commercial purposes, without the express permission of the Service Provider. This shall not be interpreted to restrict the Subscriber from utilising the Service in the normal course of business, only that the Subscriber may not, without the approval of the Service Provider, send/publish unsolicited advertising or promotional material. Bulk emailing is explicitly restricted without approval. (ii) If the Service Provider considers that any applications which transmit live video, live audio, or make similar traffic demands across the network, would likely become a profligate use of the service, such would be disallowed. Use of IP Multicast, other than by means provided and co-ordinated by the Service Provider, is also prohibited. (iii) The Service Provider shall be entitled to assign its Contract with the Subscriber, either in whole or in part. The Subscriber shall not be entitled to assign, re-sell, sub-lease, or any other way transfer in whole or in part, its Contract with the Service Provider.
9. LENGTH OF SERVICE & TERMINATION OF SERVICE – (i) Unless agreed at the outset with the Service Provider, all new Subscribers have a commitment to remain with the Service Provider for at least 2 years from their commencement with the Service Provider. The 2 years of commitment commences from the first date of chargeable ongoing amounts for internet services such as email facility and website hosting (following completion of website work as detailed on the order). (ii) Should the Subscriber wish to cancel the Contract commitment before the term of 2 years has elapsed, the remaining future payments for internet services up to the end of the 2 years commitment, shall become payable immediately. (iii) The Service Provider may elect to suspend service immediately on breach of any of these Terms and Conditions, including, without limitation, late or non-payment of sums due. (iv) After the term of 2 years has been completed by the Subscriber, the Subscriber may terminate the Service at any given time, provided 2 month’s notice is given to the Service Provider by letter or email.
10. FORCE MAJEURE - (i) The Service Provider shall be under no liability if it is unable to carry out any of the agreed services due to reason or reasons beyond its control, Acts of God, Changes in Legislation, War, Revolution, Fire, Flood, Drought, Failure of Power Supply, Lock-outs, Strikes or other action taken by employees in contemplation or furtherance of a dispute, or owing to the inability to procure material required for the performance of such. During the continuance of such a contingency, the Subscriber may, by notice to the Service Provider by letter or email, elect to terminate its subscription and pay any sums owing. Otherwise, the Subscriber accepts the provision of services when available.
11. LAW - These Terms & Conditions, and all other express terms of this document, shall be governed and construed in accordance with the laws of England.