eddystone net technology


visionary web solutions

general terms and conditions of business

All users of services provided by Eddystone Net Technology (hereinafter called "ENT"), by use of such services, accept the terms of business set out in the agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
In this Agreement and in the Schedules the following words and expressions shall have the following meanings ascribed to them save where the context otherwise appears:

Company - means Eddystone Net Technology.
Customer - means any person or organisation to whom the Company supplies the Service
Service - means domain name registration, domain name services, email, web site hosting, managed server provision, software rental and any other service or facility provided by ENT as described in the current Company literature provided by the Company to the Customer.
Server - means the computer server equipment operated by the Company in connection with the provision of the Service.
Service - Commencement Date means the date identified as the delivery date on the company invoice to the Customer.

  1. ACCEPTANCE OF APPLICATION

    The Company reserves the right to refuse any application for use of the Service.

  2. PAYMENTS

    • The current scale of charges for using the Service may be obtained by calling (+44 (0) 1598 763 455). The Company reserves the right to change fees, surcharges or to institute new fees at any time upon thirty (30) days prior notice to the Customer.
    • All charges payable by the Customer for the Services shall be in accordance with the scale of charges and rates and shall be due and payable in advance of our service provision.
    • All charges shall be payable in full in respect of the month in which the notice to terminate the Agreement expires.
    • All payments shall be due to the Company fourteen (14) days after invoice date.
    • All payments will be subject to the Company's Payments Policy The customer will be liable for all legal and collection fees arising from the Company's efforts to collect any payments due.

  3. ACCEPTABLE USE POLICY (AUP)

    The Customer shall at all times during the use of the Services abide by the Company's Acceptable Use Policy as established and modified from time to time, and the AUPs of all other networks which the Customer may traverse in the course of its use of the Services.
    In the event that Customer violates the AUP, Customer shall indemnify and hold harmless the Company and its proprietors, employees, agents and contractors from and against any and all allegations, claims, expenses (including reasonable solicitor's' fees), liability or actions made, threatened or brought in relation to or arising from such violation.

  4. USAGE

    The Customer hereby agrees to:
    • Not divulge passwords issued to them by the Company to any third party and use all reasonable endeavors to keep the same confidential and inaccessible to third parties.
    • Keep the Company informed of any change to the Customer's address as set out overleaf and other such information as may effect the payment of charges due.
    • Immediately cease to use and return any Internet Addresses allocated by the Company to the Customer on termination of this Agreement.
    • Not to announce by any means any and all Internet addresses allocated to or by the Customer as part of an Autonomous System.
    • To include the above restrictions in all the Customer's on selling conditions using the Company's service and not to resell a bandwidth greater than that purchased and contracted from the Company unless linked to the Internet through another provider in addition the bandwidth provided by the Company (dual homed) when the restriction will apply at the aggregated data rate.
    • Bandwidth Usage: If the customer exceeds the bandwidth purchased within their hosting package, excess bandwidth will be charged at the prevailing rate.
    • If contracted bandwidth is excessively exceeded such that it places an unacceptable burden on The Company's resources, The Company reserves the right to terminate access to the site without notice. Bandwidth usage in excess of 2GB above the contracted rate will be considered as excessive.

  5. LIABILITY

    The Company shall not be liable for any loss or damage howsoever caused:
    • Economic loss, including loss of profits, business revenue and goodwill.
    • Any claim made against the Customer by another third party.
    • Any loss or damage to the Customer caused by or arising from any act or omission of the Customer, the Company, or Value Added Service supplier.
    • Any act caused as a result of force majeur or beyond the Company's control.

  6. SUSPENSION

    The Company reserves the right to suspend provision of the Service in the event of:
    • failure by the Customer to make any payment to be made to the Company on its due date for payment.
    • if the Customer failes to abide by the Accepatble Usage Policy.
    • the Customer is otherwise in breach of this Agreement.
    No such suspension shall affect the liability of the Customer to pay charges and other amounts to the Company. During suspension the Company reserves the right to refuse to release the User's Internet Address as issued by the company.

  7. TERM

    This Agreement shall remain in force for a minimum period of 12 months from acceptance of the Customer's application being the date on which the Company's order form was signed by the Customer.

  8. TERMINATION

    • The Customer may terminate this Agreement by giving 1 months written notice. Email notification will not be accepted as notice of termination of Agreement.
    • The Company may terminate this Agreement at any time and without notice if the Customer commits any breach of this Agreement including but without limitation non-payment of the Charges or by giving at least 1 months written notice to the Customer.
    • The Company reserves the right to invalidate any Customer's User name and Internet Address issued to the Customer following termination of this Agreement.
    • Domain name hosting and transfer request for DNS records must be writing with the authorised signature of the domain owner. There is no charge for the transfer.
    • No refund of any Charges will be made to the Customer upon termination of the Agreement by either the Company or the Customer

  9. RIGHTS ON TERMINATION

    • Termination of the Agreement shall not affect any pre-existing liability of the Customer or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the Customer of the Agreement.
    • On termination of the Agreement right to the use of the Internet IP Address allocated by the company shall revert to the Company under RIPE terms or agreement except where specific agreement has been reached in writing between the RIPE and the Customer for the transfer of the Internet Address and the fee or other payment required by the Company in connection with such transfer has been paid for by the Customer.
    • In the event of termination of the Agreement by the Company on account of any breach of the terms and conditions thereof by the Customer the Company shall be entitled to the balance of all Annual Subscription Payments and Call Charges which would but for such termination have accrued due up to the earliest date on which the Agreement could have been terminated by the Customer in accordance with the terms hereof.

  10. USERNAME AND INTERNET ADDRESS

    • The Company shall not be requested or required to release the User name Domain Name or Internet Address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the Customer has complied with all its obligations hereunder.
    • Domain Names remain the property on the Company until all sums due have been received.
    • The Company reserves the rights to charge an admin fee of £25.00 + VAT to transfer a domain away from the Company's network, change the IPS Tags for a domain or change any Handles for a domain.

  11. EXPENSES OF THE COMPANY

    The Customer shall pay to the Company all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Company in enforcing this Agreement, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company.

  12. INVALIDITY

    If this Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged to be valid effective and enforceable if part of the wording were deleted or a provision were reduced in scope this Agreement shall continue with such modifications as may be necessary to make its provisions (or if such be the case its remaining provisions) valid effective and enforceable.

  13. VARIATION

    The Company reserves the right to vary these terms and conditions as a result of changes required by its insurers, operation or administration problems, new legislation, statutory instruments, Government regulations or licences. These Conditions may not otherwise be varied or waived except by express written agreement between both parties.

  14. SERVICE LEVEL GUARANTEE

    The Company warrants that its supply of access to the Internet shall be available at a level 99.7% per year. This warranty excludes failures of local circuits between The Company's network and the Customers network and or failures of or in the operation of customer owned hardware and or software. In the event of suspension of service due to a technical fault in the network or act of God, the Company will use all possible endeavour to resume service with minimum delay but will not be responsible for loss suffered by the Customer. The Company may suspend the service from time to time for necessary technical reasons and network upgrades outside the 99.7% warranty as above provided that 48 hours notice has been given to the Subscriber, that the period of suspension is not more than one hour and that the time that the suspension occurs is usually chosen to be between 0000 hours and 0600 hours local time.

  15. MISCELLANEOUS

    • Assignment. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties' respective successors and permitted assigns.
    • Notices. Notices by either party shall be given in writing and must be delivered personally or sent by first class pre-paid post or by facsimile transmission addressed to the other party at the address stated in this Agreement or at any other address of that party for the time being. Any such notice sent by post shall be deemed to have been given 48 hours after the time of posting and if sent by facsimile transmission at the time of despatch (provided that the sender shall have a transmission report confirming the notice was sent by facsimile transmission at the time of despatch (provided that the sender shall have a transmission report confirming the notice was sent to the correct number and that all the pages were transmitted).
    • Governing Law. This Agreement shall be governed by English law and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the English courts
    • Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
    • Force Majeure. Neither party hereto shall be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure of transport, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
    • Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
    • Entire Agreement. This Agreement sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which is different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.
    • Headings. The headings contained in this Agreement are for the purpose of convenience only and do not form part of and shall not affect the construction of this Agreement or any part thereof.
general terms and conditions
payment policy
acceptable use policy
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