General Terms and Conditions of Trading for Internet Services
These Terms and Conditions must be read in conjunction with our Acceptable Use Policy (AUP), which may be subject to change from time to time. It is the subscribers' responsibility to ensure that they comply with the latest edition of the AUP in force at any given time
Service Charges and Payment
- Customer agrees to pay Blythweb Limited ("Blythweb") charges, as specified within the Service description within the Customers Order. Blythweb reserves the right to modify its charges for the Service upon 30 days written notice, or the cancellation period of the relevant Service Agreement, whichever is the greater.
- Service charges will be invoiced monthly, quarterly or annually as appropriate. If on account terms, payment must be received by Blythweb within 14 days after the date of the invoice. Blythweb may charge daily interest on outstanding amounts until payment in full is received at a rate equal to 4 per cent per annum above the Lloyds Bank plc Base Lending Rate as current from time to time.
- All sums due to Blythweb under any Order are exclusive of Value Added Tax ("VAT"), and any other use or sales taxes, duties, or levies imposed by any authority, government, or government agency which may apply or be introduced from time to time which shall be charged thereon in accordance with the relevant regulations in force at the time of providing the Service and shall be paid by the Customer.
Duties and Responsibilities
- Customer agrees to pay in accordance with Blythweb's then current rates for maintenance and other service activities relating to the Service, if any, in accordance with Blythweb's then current rates and to pay for loss or damage to equipment used in providing the Service due to Customer's actions.
- Service will be furnished to the Customer subject to the condition that they will not, nor will they permit others to use the Service for unlawful purposes or any purpose for which the Service was not designed including unauthorised use, obtaining or attempting to obtain service by rearranging, tampering with or making connection with any facilities of Blythweb or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever.
- Customer will indemnify and save Blythweb harmless from and against all loss, liability, damage and expense, including reasonable counsel fees, caused by the negligent acts or omissions of the Customer or user which result in claims for damage to property and/or injury or death to persons, claims for libel, slander, invasion of privacy or infringement of copyright, or any actions bought pursuant to the provisions of the Data Protection Act, including any amendment, replacement, or re-enactment thereof for the time being in force, and invasion and/or alteration of private records or data arising from any information, data or message transmitted by Customer or its users, and claims for infringement of patents arising from the use of apparatus and systems of the Customer in connection with the Service furnished by Blythweb.
- The Customer will be responsible for ensuring that they have all the necessary intellectual property rights on a world wide basis in respect of the content of their web sites, intranets or other services that provide storage or transmission of the content.
- Customer will be responsible for the content of any transmission over the Service and the connection of any non Blythweb equipment to the Service.
- Customer shall use its best endeavours to protect and keep confidential all Blythweb software used by it and shall make no attempt to examine, copy, alter, "reverse engineer", tamper with, or otherwise misuse such software.
- Customer shall comply at all times with all relevant statutory and licensing obligations in connection with accessing the Service.
- The Customer will use the Service in a manner which complies with our Acceptable Use Policy. Details may be found at http://www.blythweb.net/aup.php
- Customer's right to use the Service are personal to the Customer and its authorised users, non-exclusive and non-transferable.
- Blythweb warrants the Service provided will conform to Blythweb's current Service specifications. The Customer's sole remedy in the event of non-performance is resumption of the Service. Blythweb's sole liability for any damages due to any defect or non-performance of the Service is limited to those actually proven as directly attributable to Blythweb, limited to the monthly charges paid for the Service from the date said damages were incurred, but in no event more than three months of charges, subject to a ceiling of 10,000 pounds in the aggregate under this Agreement.
- Blythweb will not be responsible for any delay in or failure of the Service due to force majeure nor to any occurrence beyond Blythweb's control.
- Blythweb will not be liable for incidental, special or consequential damages. Blythweb makes no warranty, express or implied, relating to the fitness for purpose of the Service or of merchantability.
Term and Termination
- Either Party can terminate this Agreement in writing within the contract period once the minimum contract period has been completed. The minimum contract period is dictated by the billing period unless stated otherwise in the relevant Service Agreement.
- Blythweb shall not be required to give notice of beginning of its performance hereunder. Blythweb reserves the right to suspend or disconnect the Service if the Customer does not fulfill its obligations under this Agreement or fails to adhere to the Acceptable Use Policy or if notice is given by any third party of any breach of this Agreement or the Acceptable Use Policy.
- In the event of default which include failure by the Customer to pay any amounts; or failure by either Party to cure any breach of a term or condition in this Agreement within 10 days after written notice; or if an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented, or a bankruptcy order is made by either Party, or a voluntary arrangement is approved or an administration order is made, or a receiver or administrative receiver is appointed of any of either Party's assets or undertaking or a resolution or petition to wind up either Party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation); or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order, the other party shall be entitled to terminate this Agreement without further liability, except that the Customer agrees to pay for all sums due up to the time of such termination.
- All notices from either party to the other shall be sent by first class prepaid post.
- This Agreement may not be assigned, delegated, transferred or otherwise dealt with, without the prior written consent of Blythweb. The Customer authorises Blythweb to assign or transfer this Agreement, including any and all billing and Service provisioning activities, to any third party, or for Service to be provided outside the UK as necessary to enable Blythweb to provide the Service.
- No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen.
- This Agreement may not be waived, altered, or modified, except in writing signed by authorised representatives of Blythweb and the Customer. No agent, employee or representative of Blythweb or the Customer has any authority to bind Blythweb or the Customer to any affirmation, representation or warranty unless such is specifically included in this written Agreement.
- The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
- This Agreement shall be governed by and construed and interpreted in accordance with English law, and the parties submit to the jurisdiction of the English Courts. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable the validity, legality and enforceability of the remaining provision shall not be in any way affected or impaired thereby.
THE PARTIES FURTHER AGREE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM, AND SUPERSEDES ALL PROPOSALS, ORAL, OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SUBJECT HEREOF. THIS ORDER SHALL CUMULATIVELY CONTAIN THE ENTIRE CONTRACT BETWEEN THE PARTIES.