| 1. |
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All
orders will be written by the customer. A legally binding
contract is made only when we accept your written order
by sending or otherwise transmitting to you a contract
or confirmation of service. After we have sent or otherwise
transmitted one of these documents you are not entitled
to cancel your order. |
| 2. |
|
The
customer shall be deemed to have accepted the service
on the date they are notified that it is operational. |
| 3. |
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The
customer agrees with Brannitan to pay all charges, VAT
and any bank charges that may arise when they fall due. |
| 4. |
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Brannitan
warrants to the customer that it will provide all services
ordered with reasonable care and skill but Brannitan does
not warrant or undertake that this will cause the services
to operate without fault or interruption. |
| 5. |
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Brannitan
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. |
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Brannitan
shall use all reasonable endeavours to correct as soon
as is reasonably practicable any fault notified by the
customer. |
| 7. |
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The
customer warrants and undertakes that it shall in its
use of the services comply with any relevant legislation
and regulatory provisions and shall not use the services
for any illegal purpose and shall indemnify Brannitan
in respect of any liability incurred as a result of a
breach of this cause. |
| 8. |
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Customers
taking direct bandwidth connections. |
| |
a |
Except
in the case of emergencies Brannitan shall give the customer
no less than 24-hours prior notice of any scheduled service
or maintenance or alterations with their network, which
shall affect the customer. Wherever reasonably possible
Brannitan shall endeavour to perform these activities
in such a way as to minimise any interruption in the provision
of service. |
| |
b |
Brannitan
can not make any guarantees for services provided by third
parties outside their network. |
| |
c |
Where
Brannitan provide routing equipment the customer will
have access to the usage statistics via the Brannitan
web page. |
| |
d |
Brannitan
work under the auspices of RIPE allocation of IP address
space and may only provide IP address to customers if
they adhere to RIPE's terms and conditions. |
| |
e |
Where
Brannitan provides a bandwidth bursting service, the customer
will be charged monthly in arrears if in any week they
exceed their prepaid bandwidth for more than five minutes.
Bandwidth usage is determined solely from MRTG statistics;
Brannitan take weekly records of these and all charges
are based on these records and no others. The customer
will be provided with web access to their statistics so
that they can monitor their usage at any time. |
| |
f |
In
the event of customer hardware failure, the contracted
bandwidth is still available and therefore chargeable
at standard rates. |
| |
g |
Should
the customer wish to upgrade their bandwidth, a new agreement
will be draw. If an upgrade is requested within the first
4 weeks, the original inception date will apply. |
| |
h |
Downgrading
of bandwidth is only permitted on the anniversary of the
agreement, on the understanding that usage has fallen
due to market forces and not due to secondary bandwidth
provider supplying services. |
| |
i |
The
Brannitan Service Level Agreement will accompany this
document. |
| 9 |
|
Customers
taking co-location space (in addition to terms in note
8) |
| |
a |
Customers
acknowledge and agree that the location will contain equipment
of customers as well as their equipment and that the use
of the location will be shared with other customers. |
| |
b |
As
part of the security procedures Brannitan reserves the
right to refuse any person entry to the building or the
location or access to the Equipment, including any employee
in respect of whom the customer has failed to request
rights of access from Brannitan as well as any third party
telecommunication carrier or maintenance representative
in respect of whom the customer fails to give Brannitan
adequate prior notice of the name of such representative,
together with the date and time for which access to the
equipment is required. Brannitan will not be responsible
for the consequences of any such refusal or failure or
delay by the customer in notifying Brannitan of its access
requirements. |
| |
c |
The
customer may only install a server in Brannitan rack space
with a depth no greater that 610mm and width no greater
than 445mm. |
| |
d |
The
customer is responsible for setting up their server software
and supplying all configuration equipment. (This clause
only applies to customers taking co-location space, and
not to managed servers). |
| |
e |
The
customer shall at all times throughout the time of the
contract, maintain an up-to-date, complete and accurate
inventory of the Equipment, and provide Brannitan with
a copy on request. |
| |
f |
The
customer shall ensure that the Equipment is clearly identified
as belonging to the Customer. |
| |
g |
The
customer shall ensure that the Equipment conforms at all
times with the environment and operating standards required. |
| |
h |
Access
to the location will not be granted to the customer if
their account is overdue by more than 45 days. |
| |
i |
In
the event of payment not being received by Brannitan within
60 days, all services will be terminated. |
| |
j |
Should
payment not be received within 90 days, Brannitan reserves
the right to possess the customer's equipment as security
against the debt. If payment is not received 30 days thereafter
Brannitan will sell/auction the customer goods in order
to reclaim the outstanding amount, if the minimum amount
is not achieved by this action a debt collection agency
will be employed to recover costs and losses. |
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k |
The
client will at all times make available the content/data
held within the server(s) at any time to a representative
of Brannitan. |
| 10 |
|
Customers
taking managed server(s) and other Brannitan services
(in addition to the terms in note 8 and 9). |
| |
a |
Managed
servers and other hardware remain the property of Brannitan
throughout the term of the agreement. |
| |
b |
Brannitan
will undertake the installation and configuration of managed
servers. This is limited to the operating system and other
applications as agreed in the schedule of services. Installation
of a router(s) will also be included with the managed
servers. (In the event of split bandwidth being utilised,
Brannitan will install two routers). |
| |
c |
Internet
bandwidth will be supplied in accordance with the schedule
of services. Should the customer wish to increase the
amount of bandwidth, an increase in monthly rental will
apply. This will not affect the contract duration of this
agreement. No reduction in rental will apply if a downgrade
of bandwidth is requested. |
| |
d |
In
the event of customers requiring additional servers, a
new agreement will be drawn; this agreement will cancel
and fully replace any previous contract. However, no reduction
in bandwidth will be considered whatsoever. No reduction
in length (net) will be offered. |
| |
e |
Brannitan
will be responsible for the hardware at all times. In
the event of component(s) failure resulting in loss of
service, Brannitan will endeavour to replace any faulty/broken
part(s) within 8 working hours. |
| |
f |
In
the event of an operating system error, Brannitan will
endeavour to restart the server within 4 working hours.
If this measure is not successful, Brannitan will re-install
the operating system or replace the server within 8 working
hours. (Working hours are 9am to 6pm Monday to Friday
and exclude Bank holidays) |
| |
g |
Brannitan
does not undertake any responsibility for the data held
within servers or back up tapes. |
| |
h |
If
Brannitan resources are being used in conjunction with
this service, the client undertakes the responsibility
to ensure against unauthorised security breaches of our
network systems. |
| 11 |
|
The
customer shall indemnify Brannitan and shall hold Brannitan
harmless against any and all losses, damages, costs and
expenses arising from or in connection with any claims
or proceeding brought by third parties against Brannitan
in respect of or arising directly or indirectly from the
resale of services. |
| 12 |
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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. |
| 13 |
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In
the case of any customer who is an individual about whom
Brannitan processes personal data (as defined by the Data
Protection Act,) Brannitan may use such data to provide
the customer with details of other Brannitan products
which may be of interest to the customer. |
| 14 |
|
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 representative. |
| 15 |
|
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.
Nominet
Terms & Conditions - regarding Domain
Name Registrations |
