Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SERVICE
1. INTERPRETATION
1.1 Definitions
In these Conditions unless otherwise stated:- “Act” means the
Telecommunications Act 1984; “Additional Charges” means any charges
payable to the Company for services not included in the Specified
Service, details of which can be found on the Company’s website through
http://www.solarisit.com and which are payable in accordance with
Clause 5 and which may vary from time to time; “Agreement” means any
contract for the provision of Services by the Company to the Customer
which incorporates these Conditions; “Amendment Notice” means any
notice of variations to the Charges in respect of the Services as may
be issued from time to time: “Charges” means the charges payable by the
Customer for the provision of the Services details of which can be
found on the Company’s Website through http://www.solarisit.com which
may vary from time to time; “Company” means Solaris IT, whose office is
currently situated at Solaris IT, Bridge End House, Lower Way,
Harpford, Sidmouth, Devon, EX10 0NQ “Commencement Date” means the date
upon which the Company confirms acceptance of the Customer’s offer to
pay for the Services in accordance with these Conditions; “Credit/Debit
Card” means any credit card or debit card issued by financial
institutions which is acceptable to the Company and include but are not
limited to Master Card, American Express, Switch Card, Delta Card and
Visa Card. “Duration Period” is the period commencing on the
Commencement Date and expiring on the date the Agreement is terminated
in accordance with Clause 8 of these Conditions; “Equipment” means the
computer software provided by the Company in respect of the Specified
Service; “Naming Organisation” means Nominet UK (http://www.nic.uk) for
.uk and Solaris IT as ICANN accredited Registrar (http://www.icann.org)
for .com, .net, .org, .info, .biz and .name domains or such other
Naming Organisation as the Company may specify to the Customer from
time to time; “ICANN” means Internet Corporation for Assigned Names and
Numbers; “Initial Registration Period” means the period of two years
for .uk and one year for .com, .net, .org, .info and .biz domains
commencing on and including the date of the application for
Registration; “Intellectual Property Rights” means all or any
registered or unregistered intellectual property rights in any part of
the world, including but not limited to patents, design rights,
copyrights, topographical rights, know-how, rights in inventions and
ideas and rights to confidence together with any right to apply for any
such intellectual property rights and the benefit of any applications
for any such intellectual property rights; “Order” means a request made
by the Customer to the Company for Services to be supplied subject to
these Conditions; “PayPal” means the payment services offered by PayPal
(Europe) Ltd.; “Registration” means an application by the Company
acting as agent for the Customer to register domain name(s) with the
Naming Organisation; “Renewal Period” depends on the Services ordered
by the Customer and can range from 3 months to 2 years. “Service”
and”Services” means the providing of an eShop, Dedicated Server, the
Registration of domain name(s) and/or hosting the domain name(s) of the
Customer, or any other products or services of the Company; “Specified
Service” means the Service ordered by the Customer. “UDRP” means
Uniform Domain Names Dispute Resolution Policy; “Working Day” means a
day other than a Saturday or Sunday on which the Clearing Banks in the
United Kingdom are open to the public for the transaction of business.
1.2 References
In this Agreement, references to”this Agreement” are references to
this Agreement together with any document referred to or incorporated
herein; “Clauses” are references to clauses to this Agreement;
“Persons” include a reference to anybody corporate, unincorporated
association or partnership; the singular shall include the plural and
vice versa; “Third Party” is a person who is not a party to this
Agreement; references to a statute, statutory instrument, regulation,
order or licence is a reference to that statute, statutory instrument,
regulation, order or licence as substituted, varied or re-enacted from
time to time, unless the context otherwise requires.
1.3 Include
The words”include” and”including” are to be construed without limitation.
1.4 Headings
The headings in this Agreement are for convenience only and shall
not affect the interpretation of these Conditions.
2. TERMS OF CONTRACT
2.1 Incorporation of Conditions
These Conditions shall apply to and be incorporated into any
Agreement between the Company and the Customer relating to the
Services.
2.2 Conflict
Subject to any special conditions agreed between the Company and the
Customer, these general Terms and Conditions shall apply and shall
prevail over any other term of this Agreement. No variation or waiver
or addition to this Agreement shall be binding on the Company, unless
and until it is confirmed in writing by the Company.
3. SUPPLY OF THE SERVICES
3.1
The Company agrees to supply the Services to the Customer on the
following conditions, though please note that these conditions are not
an offer to provide service but merely a statement of the terms on
which we would provide them. (a) the Company shall (subject to Clause
4.1) supply the Services to the Customer as soon as reasonably
practicable and in any event no later than 30 days from the
Commencement Date of the Agreement; (b) the Company shall inform the
Customer of any delay in the delivery of the Services as soon as
reasonably practicable; (c) the Company shall provide a full refund of
the Charges (subject to Clause 4.1) to the Customer if it is unable to
supply the Services within 30 days from and including the Commencement
Date of the Agreement; and
3.2 Risk and Title
(a) risk in any Equipment shall pass to the Customer on delivery;
and (b) the Company shall retain ownership of the Equipment for the
Duration Period of this Agreement.
3.3 Warranty
The Company warrants to the Customer that the Services will be
provided using reasonable care and skill but at all times this will be
subject to downtime caused by routine or emergency maintenance by the
Customer or occasioned by third parties. The Company will not be liable
to the Customer or any third party for any losses whatsoever caused by
such downtime.
4. REGISTRATION OF DOMAIN NAME(S)
4.1
The Company does not accept responsibility nor does it make any
warranty that the domain names(s) requested by the Customer will be
accepted for registration in the register of the Naming Organisation
nor will it be liable for any costs of the Customer incurred if the
application for Registration is unsuccessful. The Company does not
accept responsibility for any liability to third parties for breach of
their Intellectual Property Rights in relation to the domain name(s)
requested by the Customer.
4.2
Upon successful Registration the Company will host the Customer’s
domain name(s) for the Initial Registration Period and for such time as
it remains validly registered to the Customer subject to such rules of
the respective Naming Organisation as may be in force from time to time
and which can be accessed through http://registrarterms.solarisit.com
4.3
Notwithstanding Clause 4.2, the Company reserves the right to
suspend or cancel any application for Registration or refuse to host a
domain name(s) in the circumstances set out in Clause 11.1 of this
Agreement.
4.4
The Company agrees that for the Duration Period of this Agreement
and in consideration of the payment of the Charges by the Customer it
will renew the registration of domain name(s), Hosting fees, Additional
services for the Renewal Period.
4.5
The Customer acknowledges that any disputes arising out of the use
of its domain name(s) requested by the Customer will be resolved for
.uk domains in accordance with the Nominet UK Dispute Resolution
Service which can be accessed http://www.nic.uk/ref/drs.html and for
.com, .net and .org as well as .info, .biz and .name domains in
accordance with the UDRP which can be accessed
http://www.icann.org/udrp/udrp.htm which may impose restrictions on the
termination or transfer of a domain name(s) with its current host
during or pending the settlement of such a dispute. The Company agrees
to act as mediator for the Customer.
4.6
Subject to Clause 17 the Customer shall be permitted to transfer his
domain name(s) to another host other than the Company upon termination
of this Agreement in accordance with Clause 8.
4.7
You acknowledge and agree that Solaris IT or its agents, assignees
or licensees may, upon registration of your domain name, associate any
data of any kind, in Solaris IT’s sole discretion, with the Domain Name
registered in association with Your Web Site or any URL incorporating
said Domain Name until you replace such data with the Web Site. This
paragraph shall apply to any and all web pages generated by Solaris IT,
whether in connection with HTML standard response codes or otherwise,
including but not limited to 404 error pages.
5. CHARGES
5.1
All accounts are payable on demand. In the absence of demand,
payment in full for the goods supplied shall be made by the Buyer to
the Seller on or before the fourteenth day following the date of the
invoice. The Seller shall also be entitled to charge such reasonable
costs as it may incur in recovering any overdue balances.
5.2
The Company shall be entitled to issue an invoice for the Charges on
the Commencement Date or as soon thereafter as is reasonably
practicable. The invoice shall be entered into the Customer’s
administration menu and the Customer shall be responsible for checking
receipt. The Company will if required provide invoices through the
postal system but subject to payment of the Company’s Additional
Charges that are in force from time to time.
5.3
The Customer agrees to pay for the Starters and Home packages 12
months in advance, Business and Professional packages 6 months in
advance, Server (Root or Managed) 3 months in advance,
.co.uk/.org.uk/.me.uk domains 24 months in advance,
.com/.net/.org/.info/.biz and other domains 12 months in advance,
except when noted otherwise.
5.4
Payment of the Charges can only be made by a valid Credit/Debit
Card, Direct Debit or through Pay Pal and the Customer shall provide
details of the same when he makes an Order for the Services. Payments
processed by Pay Pal are subject to Pay Pal’s terms and conditions of
service, and Solaris IT makes no representations or warranties with
respect to those services.
5.5
The Company shall be entitled to vary the Charges from time to time
with effect from the date specified in the Amendment Notice. The
Company shall issue an Amendment Notice no later than 6 weeks prior to
the date that any variation of the Charges shall come into force.
5.6
The Customer shall no later than 6 weeks from the date of deemed
receipt of the Amendment Notice send a counter notice to the Company
accepting or rejecting the terms of the Amendment Notice. In the event
that the Customer specifies in the counter notice acceptance of the
terms of the Amendment Notice or fails to send a counter notice within
the specified period then the terms of the Amendment Notice shall apply
as from and including the date specified in the Amendment Notice and
this agreement for Services shall be deemed to be varied accordingly.
In the event that the counter notice rejects the terms of the Amendment
Notice then until such date as this Agreement has been terminated in
accordance with this clause the Customer will be charged the Charges as
varied from and including the date in the Amendment Notice. Upon
receipt of the Amendment Notice the Customer has the right to terminate
this Agreement with effect from the date in the Amendment Notice, such
notice of termination to be received by the Company no later than 14
days before the date in the Amendment Notice.
5.7
The Customer acknowledges that the Charges are exclusive of any
telecommunication charges. All telecommunication charges incurred by
the Customer in connection with the use of the Services remain solely
at all times the responsibility of the Customer. The Company does not
accept liability or responsibility for any such charges.
5.8
If the Charges are not paid in accordance with the Company’s
invoice, the Company shall be entitled so far as is permitted by law
and without prejudice to any other rights it may have to charge
interest on the outstanding amount (both before and after judgement) at
the rate of 6% above the base rate from time to time of HSBC Bank plc,
SUTTON Surrey from and including the due date but excluding the date
the outstanding amount is paid in full.
5.9
Neither the Company or the Customer shall be entitled to set off a
credit against any amount owed to it by the other under the terms of
this Agreement or under any other agreement prior to completion of this
Agreement.
5.10
Upon termination of this Agreement the Customer shall be bound to
pay any outstanding amount of the Charges in respect of the Services
received up to and including the date of termination and the Company
agrees to refund in full the difference between the Charges for the
Services received up to the date of termination and the amount actually
received by the Company from the Customer. The customer acknowledges
that invoices relating to domain name registrations, shipping &
handling of software and additional traffic are non-refundable.
5.11
The Company does not charge VAT and is not VAT registered.
The volume of included data transfer may be limited, depending on
the chosen package. Unless otherwise contractually agreed, the volume
limit of data transfer is limited to six (6) GB (Gigabytes) per
package. The volume of data transfer is the sum of all transfers
resulting from the customers package. Any additional volume of data
transfer will be charged at the following rates: 1. For Customers who
ordered prior to July 5, 2005: all Server and Shared hosting
Customers/eShops will be charged with 5 GBP per Gigabyte. 2. For
Customers who ordered after July 5, 2005: all Server and Shared hosting
Customers/eShops will be charged with 0,99 GBP per Gigabyte. The
Company may modify the prices giving fifteen (15) days notice.
5.13
Any customer withdrawing payments via bank or credit card, Direct
Debit or Pay Pal (referred to as”chargeback”) in a way the company
believes is unfair shall incur a punitive fine of £10. The same
punitive fine will be incurred if payments made are then rejected by
our bank.
5.14
Internal domain transfers will incur the same charges as domain registrations.
5.15
Customer accounts that are not settled by 20 days after due date
will be passed to a debt recovery agency and will incur an
administration fee of £15.00.
6. CUSTOMER OBLIGATIONS
6.1
The Customer shall:-
6.1.1
Keep full security copies of the Customer’s computer programs data
base and computer records on a daily basis or more frequently if
required by best computing practice;
6.1.2
Obtain the consent of individuals whose personal data are to be held
on the register of the Naming Organisation and promptly notify the
Company of any changes to the Customer’s registered details including
(but not limited to):- (a) name and address of the Customer; (b) name,
postal address, e-mail address, telephone and fax number of the
technical contact and administrative contact of the Customer’s domain
name(s) and in any event provide such information within 15 days of a
request for such information from the Company.
6.1.3
In order to maintain the data-transfer volume restrictions, check
all email accounts in regular intervals and download the email stored
therein. The Company may, should the capacity of the Customer’s email
boxes be exceeded at any time, return all subsequently received emails
to the senders without notice to the Customer. Email accounts that have
not been used for for a period exceeding two (2) months (i.e., the
account has not been accessed by the Customer and email has not been
downloaded for a period of two month) are subject to suspension by The
Company. Upon such suspension, The Company will send a notification to
the Customer’s primary contact email address, announcing the suspension
of the account. Failure to respond to such notice with a request for
reinstatement of the account may, at The Company’s sole discretion,
lead to the termination of the subject account and the email box may be
deleted from The Company’s servers. In such cases, The Company takes no
responsibility for the loss of any data and/or emails still located in
such account and the Customer’s has no recourse against The Company for
any damages resulting from the loss of such data.
6.1.4
Notwithstanding Clause 20.5, keep confidential all passwords
received from the Company for the purpose of the Services and notify
the Company immediately upon becoming aware that a password has become
known to an unauthorised third party.
6.1.5
Only make use of the Services for a legitimate and lawful purpose.
6.1.6
Complete its own tests for computer viruses in accordance with best
computing practice prior to each and every operational use of the
Services.
6.1.7
Ensure that the Customer’s home page created from the Equipment
supplied by the Company contains the full name and address of the
Customer.
6.1.8
Allow the Company to access the Customer’s home page to check for
any infringements of the Customer’s obligations under this Agreement.
6.1.9
Ensure that it complies at all times with all relevant laws and
obligations including but not limited to any licence under the Act
which is applicable to the Customer and all related laws in any
territory in which the Customer is situated or in which the Customer’s
Website may be accessed or made available. The Customer must also
obtain any relevant consents and approvals for the installation and use
of the Equipment. The Company will have no liability under this
Agreement for failure to comply with its obligations in any case where
the Customer does not comply with any such relevant laws or obligations
or does not obtain such consents or approvals.
6.2
The Customer shall NOT:-
6.2.1
modify or alter the Equipment without the prior consent of the Company;
6.2.2
send, transmit, make available, copy, retransmit, broadcast or
publish (whether directly or indirectly) in whatever form any data,
information or contractual rights, material or statement which
infringes the Intellectual Property Rights or contractual or statutory
rights of any person or legal entity or the laws or statutory
regulations relating to defamation, contempt, blasphemy, infringement
of privacy or personal data rights and any equivalent or related laws
in any territory in which they are or may be accessed or made
available;
6.2.3
make use of the Services to send or cause to be sent or forwarded
electronic mail without the express or assumed agreement of the
respective recipient. This shall include but not be limited to not
sending large numbers of electronic mails with the same content which
is commonly referred to as”spamming”;
6.2.4
Use of the IMAP account as a”virtual drive”, i.e., to store files as
attachments or in any other manner, is strictly prohibited. IMAP
accounts may be used for no purpose other that in the context of normal
email traffic.
6.2.5
use the Services to obtain or offer or permit to be offered for
profit or otherwise any material, images, displays or services which
are erotic or pornographic including but not limited to any other
material, images, displays or services which are offensive, illegal or
immoral or which is in breach of any legal obligation;
6.2.6
arrange its home page(s) in a way that leads to a risk of or causes
an excessive load on the server provided by the Company in connection
with the Services;
6.2.7
exceed the relevant data transfer volume applicable to the Specified
Service unless the Customer has agreed with the Company to pay
Additional Charges as may vary from time to time for the data transfer
volume exceeding the agreed level in the Specified Service.
6.2.8
use the Services in a manner which infringes a third party’s
copyright or other intellectual property rights of whatsoever nature.
6.3
Without prejudice to any other rights of the Company arising from
this Agreement or otherwise, the Customer will indemnify the Company
against all claims, losses, liabilities, expenses, fines and penalties
of whatsoever nature made, incurred or imposed as a result of a breach
by the Customer of the terms of this clause.
6.4
Software is provided for online use as part of the Services
(the”Solaris IT Online Software”), and the use of such software may be
subject to fees as outlined in the current fee schedule in accordance
with this Agreement. The Solaris IT Online Software is hosted software
which runs directly on Solaris IT’s servers, and the Customer shall not
download, install, store or make any copies of the Solaris IT Online
Software, nor shall the Customer sublicence the Solaris IT Online
Software. The Customer shall not in any way translate, decompile,
reverse engineer, disassemble, modify, reproduce, rent, lease, lend,
licence, distribute, market or otherwise dispose of any portion of the
Solaris IT Online Software or any copies thereof and shall not assist
any third party in doing so. The Solaris IT Online Software is designed
to be used through the Companys user interface and, as such, may be
utilized by any authorized user from any computer or workstation. This
licence is automatically revoked upon termination of this Agreement.
The Company reserves the right to modify or discontinue the Solaris IT
Online Software at any time without notice.
7. LIABILITY
7.1
To the extent permitted by law, the Company shall not be liable to
the Customer save as expressly provided for in this Agreement and shall
have no other obligations, duties or liabilities whatsoever in
contract, tort or otherwise to the Customer.
7.2
So far as is permitted by law and subject to Clause 3.3 the Company
makes no warranty to the Customer as to the quality of the Services or
Equipment or the fitness for purpose of the Equipment and in any event,
the Company shall only be liable for material breaches of its
obligations under this Agreement and to the extent of 50 GBP per
breach.
7.3
Neither party shall have any liability to the other in respect of
any breach of this Agreement for loss of revenue, business, anticipated
savings or profits or any loss of use or value of any equipment or for
any indirect or consequential loss howsoever arising, save as set out
in Clause 7.3, 7.4 and 7.5 below.
7.4
Nothing in this Agreement shall:- (a) exclude or restrict the
Company for liability in respect of the death or personal injury or
fraud resulting from the negligence of the Company, its employees or
agents; (b) exclude the conditions and warranties implied by Section 12
of the Sale of Goods Act 1979 and where the Customer deals as a
consumer, the conditions implied by sections 13 to 15 inclusive of the
said Act and by sections 3 and 4 of the Supply of Goods and Services
Act 1982; or (c) where the Customer deals as a consumer, affect the
Customer’s statutory rights.
7.5
The Customer will indemnify the Company for all loss of revenue,
business profits, costs and expenses arising from any failure by the
Customer to use the Services in accordance with this Agreement or
failure to return (if required under the terms of this Agreement) the
Equipment in good condition and against any fines or penalties imposed
by any regulatory, advertising or trading body or authority in
connection with the use of the site by the Customer.
7.6
The Company disclaims all liabilities in connection with the following : loss of material uploaded
incompatibility of the site with any of the Customer’s equipment, software or telecommunications links
technical problems including errors or interruptions of the site
unsuitability, unreliability or inaccuracy of the site.
7.7
The Company will indemnify the Customer for claims made against the
Customer by third parties for breach of their Intellectual Property
Rights if such breach has been caused by the act, omission or otherwise
of the Company, its employees or agents.
7.8
Nothing in this Agreement shall prevent the Company from pursuing payment of a debt against the Customer.
7.9
Where the Customer accesses this site from locations outside the
United Kingdom, the Customer does so on the Customer’s own initiative
and is responsible for compliance with local laws.
8. TERMINATION
8.1
Either party may at any time by giving notice in a written and
signed summary document, terminate this agreement without compensation
to the other party if the other party shall become bankrupt, or if a
body corporate pass a resolution or the court shall make an order that
one party be wound up, otherwise than by way of amalgamation or
reconstruction, or if a receiver or manager on behalf of a creditor
shall be appointed, or if circumstances shall arise which entitles the
court to make a winding up order.
8.2
The Company shall have the right to terminate this Agreement without
reason upon giving 14 days written notice to the Customer and
termination shall occur at the expiry of the notice period. The
Customer shall have the right to terminate this Agreement any time
giving written notice to the Company. Termination shall occur at the
reception time of the notice.
8.3
Termination or expiry of this Agreement for whatever reason shall
not prejudice or affect any right of action or remedy which shall have
occurred or shall accrue thereafter to either of the parties.
8.4
The Company reserves the right to terminate this Agreement without
notice upon any of the following events:- (a) the Charges and/or
Additional Charges are outstanding for more than 20 calendar days; (b)
the Customer is in breach of his obligations as set out in Clause
6.1.4, 6.1.5, 6.1.7, 6.1.9, 6.2.2, 6.2.3, 6.2.4, 6.2.5, 6.2.6, 6.2.7,
6.2.8 and 12; (c) the Customer fails, despite prior warning to remedy a
breach of Clause 6.2.7.
8.5
Should the customer not receive email confirmation of their
termination within 14 days of their request date the customer is
responsible for contacting the company to ensure the termination has
been received.
9. Effect of Termination
9.1
On termination or expiry of this Agreement for whatever reason the
following provisions shall apply:- (a) the Equipment and all copies
thereof, which is the subject matter of this Agreement will be returned
to the Company in good condition if required under Clause 12.6, and in
any event in no worse condition than at the commencement of this
Agreement; (b) in the event that the Equipment is not returned by the
Customer to the Company in good condition, the Company shall be
entitled to compensation equal to the value of the cost of repairing
the Equipment or if such Equipment cannot be repaired the cost of
replacing the Equipment; (c) the non-exclusive licence pursuant to
Clause 12 granted to the Customer in respect of the Equipment by the
Company shall be revoked with immediate effect; (d) the Customer shall
pay immediately all Charges and/or Additional Charges outstanding under
this Agreement to the Company within 14 Working Days. (e) the Customer
shall pay all amounts (if any) as and when such amounts shall fall due
under the indemnity given in Clause 7.4; (f) the Customer shall be
responsible for renewing the Registration of his domain name(s) and
finding a new host for the respective domain name(s); (g) the Company
shall without prior notice cease hosting a domain name(s) 30 days from
and including the expiry date of notice to terminate given under Clause
8.2 or 30 days from the date of termination if earlier notwithstanding
that the Customer has not found an alternative host for the respective
domain name(s).
10. CONSUMER’S CANCELLATION RIGHTS
10.1
Any Customer buying as a consumer has the unreserved right to cancel
this Agreement at no cost and without any reason within 7 days from
either:- (a) the date the contract is formed; or (b) the date that
confirmation that the contract is formed is received from the Company
whichever is the later.
10.2
The Customer may exercise the right of cancellation by notifying the
Company in writing at the Company’s address shown in Clause 1.1 by
sending an email to the Company at hostmaster@solarisit.com
10.3
The Customer will no longer have this right once the Company has
commenced provision of the Services with the Customer’s consent. The
Customer shall be deemed to have given such consent by accepting these
Terms and Conditions.
11. LIMITATION OF SERVICE
11.1
The Company shall be entitled to suspend such access to the Services
as it deems necessary by the Customer or any third party to all or any
party of the Services if the Customer is in breach of any of Clauses:
5, 6.1.4, 6.1.5, 6.1.7, 6.1.9, 6.2.2, 6.2.3, 6.2.4, 6.2.5, 6.2.6 and
12. This Clause shall not be construed in any way as limiting the
termination rights of the Company as provided by Clause 8.
11.2
In the case of Clause 6.2.6 the Company’s right to suspend access to
the Services in accordance with Clause 11.1 also applies if the
Customer reaches the relevant data transfer volume but does not exceed
it.
11.3
If access to the Services is suspended as a result of downtime
caused by routine or emergency maintenance by the Customer the Services
shall be reconnected as quickly as practicable after, in the opinion of
the Company, such circumstances giving rise to the need to suspend have
ceased to exist.
11.4
Following the suspension of Services (other than for the reasons
referred to in Clause 11.3) the Customer shall be obliged to apply for
reconnection of access to the Services but the Company shall not be
obliged to reconnect access to the Services. On receipt of an
application to reconnect the Company may do one of the following:- (a)
reconnect as soon as reasonably practicable subject to payment of all
Charges and/or Additional Charges and any amounts due under Clause 7.5;
(b) specify additional reasonable terms required by the Company prior
to agreeing access to the Services; (c) refuse to allow access to the
Services on the basis that the breach or instruction or event which led
to the suspension of access is unremedied or still remains as the case
may be.
11.5
The Customer will pay any Additional Charges as may be required from
time to time by the Company for reconnection to the Services.
11.6
If the breach or instruction or event which led to the suspension of
Services remains or the Customer refuses to accept the additional terms
referred to in Clause 11.4(b), the Company shall be entitled to
terminate without notice;- (a) in the case of non payment of any
Charges or Additional Charges, if such amounts remain outstanding for
more than 20 calendar days; or (b) in the case of any other event
leading to suspension of access to the Services, if it remains
unremedied or additional terms are not accepted within 14 days of the
suspension.
11.7
The Company does not give any warranties in connection with the
provision of goods supplied by a third party for the provision of the
Services but shall, if applicable, assign to the Customer the benefit
of any licence, warranty, guarantee or indemnity given by the third
party supplying any Equipment to the Company.
12. LICENCE AGREEMENT
12.1
In consideration of and subject to payment of the Charges by the
Customer upon the Commencement Date of this Agreement, and the
compliance by the Customer with the Terms and Conditions of this
Agreement, the Company grants to the Customer on and from the
Commencement Date until the termination of this Agreement in accordance
with Clause 8 of these Conditions, a revocable non exclusive licence to
use the Equipment and ancillary documentation in accordance with this
Clause 12.
12.2
The Customer shall receive from the Company a revocable
non-exclusive licence to utilise the Equipment for the Duration Period
of the Agreement in accordance with the Terms and Conditions of this
Agreement. Should the client be authorised by the Company to have the
use of multiple Equipment the following user conditions shall apply to
each item of Equipment. Equipment shall cover the original software
program and all duplicates (copies) hereof as well as sections of the
program if these are connected with other programs. A software program
shall include but not be limited to machine-readable instructions,
audio visual contents and the appropriate licence materials. The
licence regulations of the respective Equipment manufacturer shall also
apply. The Software is delivered to the Customer by mail and may be
ordered via customers control panel for a period of six (6) months
after the commencement of the Solaris IT Services.
12.3
The Customer shall undertake to ensure that everyone who uses the
Equipment shall observe this licence agreement. The Customer may
simultaneously use the Equipment only on one computer i.e. a stand
alone computer which is not networked. A”use” of the Equipment occurs,
if the Equipment is located in the primary memory or in the storage
medium of a computer. Equipment that is installed in a net server only
for the purpose of program distribution will not be considered as being
used.
12.4
The royalties received by the Company shall depend on the frequency
of use (for example, number of users), resources (for example,
processor size) or a combination of both. If access to Equipment is
controlled by a licence management program, copies may be made and
stored on all machines that come under the licence management program.
However, the use may not exceed the total number of admissible users or
resources. Some Equipment which is intended for use at home or mobile
use, may be stored on a primary and another computer. However, the
Equipment may not actively be used on both computers at the same time.
12.5
The client may take such back up copies of the Equipment as is
necessary in accordance with best computing practice. Manuals may be
printed out on paper for use in the Customer’s security procedures. The
client shall not be entitled to use, copy, process or transfer the
Equipment in a way other than that described herein to convert the
Equipment into another form (Reverse-Assemble-Reverse-Compile) or in
any other way translate the Equipment, if such conversion is not
indispensably provided for by express legal regulations. The client
shall not be entitled to rent out or lease the Equipment or assign or
sub-licence the Equipment except or expressly agreed under Clause 17 of
this Agreement.
12.6
The Customer may be required at the Company’s discretion to return
to the Company all Equipment, contingent copies as well as all written
documentation and advertising materials supplied in connection with the
Equipment within 14 Working Days of termination of this Agreement. The
Client shall remove all stored programs from the Customer’s computer
system provided the Customer is not legally obliged to keep the
programs for a longer period. This Clause shall not prejudice or affect
any other right of action or remedy or obligation which shall have
occurred or shall accrue thereafter to either of the parties.
13. INTELLECTUAL PROPERTY RIGHTS
13.1
All Intellectual Property Rights of the Company in any Equipment and
ancillary documentation shall at all times for the Duration Period of
this Agreement remain vested in the Company.
14. DATA PROTECTION
14.1
All information, mail messages and other data stored on the
Company’s computer system will be treated as private and solely the
property of the Customer at all times and will not be duplicated,
copied, reproduced or viewed publicly in any way except with express or
implied permission of the Customer and/or for the purpose of the
Company’s back up services and/or providing the Customer with the
Services and/or for the Company’s own internal purposes such as market
research.
14.2
The Company expressly points out to the Customer that by entering
into this Agreement the Customer acknowledges and agrees that once the
Customer’s unencrypted data passes onto the Internet, it is not secure
and is open to unscrupulous use. The Company cannot accept
responsibility or liability for any data or information that becomes
available by such means against the wishes of the Customer and the
Company recommends the use of encryption for transfer of sensitive data
or information.
14.3
The Customer accepts that the Company will put its name on its
mailing list for receipt of product information and other advertising
material from the Company unless it informs the Company in writing that
it does not wish to receive such material.
14.4
The Customer accepts that the register of the Naming Organisation
will include the Customer’s name and address, administrative partner
and technical partner and other details relating to them. This
information (if it refers to individuals) is personal data for the
purposes of the Data Protection Act 1984. The Customer accepts that the
Naming Organisation may allow other organisations and members of the
public to access the data for the purpose of obtaining information
about the registration of the domain name(s) or any other related
purpose.
15. FORCE MAJEURE
15.1
The Company shall not be liable for any failure in performing its
obligations under this Agreement due to circumstances beyond its
reasonable control.
16. INSURANCE
16.1 Obligation to Insure
The Customer shall take out and maintain at its own cost insurance
against any property loss insuring the Equipment for its full
replacement value against all usual risks until returned if applicable
to the Company.
17. COMPLAINTS
The Customer should address any complaints concerning the provision
of the Services to the Company at the Company’s address shown in Clause
1.1 or by sending an email to the Company at hostmaster@solarisit.com.
18. ASSIGNMENT
Neither this Agreement or any rights or obligations hereunder may be
assigned or transferred or sub-contracted by the Customer in part or in
whole to a third party, without the prior consent of the Company such
consent not to be unreasonably withheld. The Company may on providing
notice to the Customer assign this Agreement in part or in whole to any
third party.
19. THIRD PARTY RIGHTS
Nothing in this Agreement shall be taken as granting any rights
expressly or impliedly whether contractual or statutory to persons
other than the Company and the Customer, whether by virtue of the
Contracts (Rights of Third Parties) Act 1999 or otherwise.
20. IMPORTANT INFORMATION FOR PLACING ORDERS
The following information is provided to Customers in compliance
with EU Directive No. 2000/31/EC (the e-Commerce Directive):
20.1
The following are the steps to be taken by the Customer to place an
order using the Company’s site. Orders may only be placed in English.
Orders will be acknowledged via email within 24 hours from placing the
order. The order steps are the same as for hosting, dedicated servers
& eShops, except domain name registration e.g click on eShops (your
desired package) in the navigation or on the page 1. Select the desired
package e.g Starters, Home, Business or Professional 2. Enter address
details or, if existing customer account number/domain name and
password 3. Miscellaneous: enter password, where did you here about us
/ order software 4. Finalise/Confirm order / review everything / enter
credit card, Direct Debit or Pay Pal account data
20.2
The Customer may check to see whether an order has been placed
correctly and if necessary correct any errors by taking the following
steps: Order step”4″ allows to change all entered data by clicking the
steps on navigation bar
20.3
Once an order has been placed it will be filed by the Company and will be accessible to the Customer.
20.4
This site is owned and operated by Solaris IT.
20.5
The Customer may contact the Company by calling 0870 77 414 70 or by writing to us at Solaris IT, Bridge End House, Lower Way, Harfpord, Sidmouth, Devon, EX10 0NQ 20.6
Solaris IT is not VAT registered.
21. GENERAL
21.1
No delay, neglect or forbearance on the part of either party in
enforcing against the other party any terms or conditions of this
Agreement shall either be or be deemed to be a waiver in or in any way
prejudice any right of that party under this Agreement, unless such
waiver shall be in writing.
21.2
Any notice, invoice or other document which may be given by either
party under this Agreement shall be deemed to have been duly given if
sent by first class post, or where the parties expressly agree by
electronic mail or facsimile transmission, to such person and such
address as either party shall nominate for this purpose from time to
time.
21.3
No item of Equipment is to be used by any person other than by the Customer or his employee/agent.
21.4
This Agreement shall be construed and governed in all respects in
accordance with the Law of England and Wales and the English Courts
shall have exclusive jurisdiction in respect of any disputes arising
hereunder.
21.5
Each party shall treat as confidential all information received by
it from the other party relating to the other party’s business,
customers, strategies and plans, and such information may only be used
for the purpose of this Agreement and may only be disclosed in strict
confidence to its professional advisers or any person to whom
disclosure is required by law, to its employees or subcontractors where
reasonably necessary for the purposes envisaged by this Agreement, and
where otherwise specifically permitted by this Agreement.
22. PRICE PROMISE/MONEY BACK GUARANTEE DURATION:
22.1
Price promise and/or Money Back Guarantee claims must be received within 60 days from the initial date of registration.
22.2
The 60 Day Money Back Guarantee is exclusive of any additional costs incurred for Domain Names, Shipping and Handling for Software and additional traffic charges.