Terms of Use
Clause 1 - General

1.1 These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to any agreement governed by these Terms and Conditions except as expressly stated in these Terms and Conditions. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into any Agreement (unless such untrue statement was made fraudulently) and that party's only remedies shall be for breach of contract as provided in these Terms and Conditions.

1.2 Provisions of these Terms and Conditions that either are expressed to survive its termination or from their nature or context it is contemplated that they are to survive such termination, shall remain in full force and effect notwithstanding such termination.

1.3 The relationship of the parties is that of independent contractors dealing at arm's length. Except as otherwise stated in these Terms and Conditions, nothing in these Terms and Conditions shall constitute the parties as partners, joint ventures or co-owners, or constitute either party as the agent, employee or representative of the other, or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.

1.4 The parties shall at the requesting party's reasonable expense do and execute all such further acts and things as are reasonably required to give full effect to the rights given and the transactions contemplated by these Terms and Conditions.

1.5 DataComms Europe may make alterations to these Terms and Conditions at any time without warning to the Client.

--------------------------------------------------------------------------------

Clause 2 - Assignment

2.1 DataComms Europe may assign or otherwise transfer this Agreement at any time. Client may not assign or otherwise transfer this Agreement or any part of it without DataComms Europe's written consent.

--------------------------------------------------------------------------------

[-Back To The Top-]

Clause 3 - Cancellation and Associated Conditions

3.1 The Client may cancel the Service or any part of it at any time before the Service Commencement Date by writing to DataComms Europe on company letterhead, specifying a cancellation date. In the event of such cancellations, the Client must pay the cancellation Charges as set out below. Such Charges will be calculated on the number of working days between the dates the Client requests the cancellation and the Service Commencement Date:

3.2 cancellation three or less working days prior to the Service Commencement Date; a charge of 100% of connection charge (exclusive of VAT); or

3.3 cancellation 4-6 working days prior to the Service Commencement Date; a charge of 80% of connection charge (exclusive of VAT).

3.3.1 No contract with the client shall come into existence until the "Company" in writing has accepted such order, or until the client has provided a payment to the Company, which has been accepted.
Unless set out herein no terms, conditions warranties put forward by the client or which otherwise be implied by law or by custom shall form part of any contract between the "Company" and the client.

3.4 The full cost of any additional work that has been specifically incurred for the Service by the time of cancellation will be recovered in addition to the cancellation charge. In the event DataComms Europe fails to meet the Service Commencement Date and the Client decides to cancel the Service, a charge will not be raised. DataComms Europe will use all reasonable endeavours to install the Service in accordance with the Installation Date but any such date is provisional and maybe subject to alteration. If the Client requests amendments to the Service Commencement Date and subsequently cancels the Service, the cancellation charge will be amended so as to cover the full extent of DataComms Europe's losses.

3.5 Further miscellaneous Charges may be applied in connection with the provision of the Service and/or repair of the Client's data paths as follows:
3.5.1 where an internal shift of the Clients line is required, a charge of £75.00 will be imposed; or
3.5.2 where an external shift of the Client's line is requested, this will be charged as a new connection; or

3.6 a visit charge applies where DataComms Europe or DataComms Europe's sub-contractor visits the Client's premises during normal working hours in connection with the Service, and a charge for the particular product or service has not been included in the price of the Service. If more than one visit is required, a single charge is made for each person visiting on each occasion. A visit charge will not apply where a visit is made for the purpose of removing rented Apparatus; or

3.7 an abortive visit charge of £150.00 (per attendance) where,
(i) DataComms Europe or its sub-contractor attends an incorrect address provided by the Client,
(ii) the Premises for installation does not meet the criteria defined by DataComms Europe or its sub-contractor as requirements for installing the Service e.g. minimum space, availability of power etc.,
(iii) the Client has not agreed to take Service at the appointed time as agreed between DataComms Europe and the Client, or
(iv) the Client has not agreed to or is unavailable for a maintenance or other agreed visit at the appointed time agreed between the Client and DataComms Europe; or

3.8 a reworking charge where an engineer at the Client's Premises has to make good any existing non-BT installed wiring to make it fit for installation. Such work will only be undertaken with the Client's consent and where undertaken by DataComms Europe's sub-contractor, the sub-contractor's timescale rates will apply. Where undertaken by DataComms Europe, the Client will be notified of DataComms Europe's rates.

3.9 The Client acknowledges that the provision of ADSL per this Service Order is for one-month and the Client further confirms that other aspects of DataComms Europe's provision (such as but not limited to hosting etc.) are per the contract terms as outlined earlier within these terms and conditions and that the Client shall pay all charges, the VAT, and any additional taxes as set out on the Service Order/ Invoice and agrees to all guidelines of payment as set out in Clause 5.1.

[-Back To The Top-]

3.10 The Client acknowledges that all quotes provided by DataComms Europe are subject to available capacity as defined by DataComms Europe's chosen supplier and that an additional fee may be levied to the customer based on additional capacity upgrades that may be required.

3.11 Where order details received from the Client are illegible, materially incomplete, or incorrect, DataComms Europe reserves the right to charge the Client an administration charge comprising a minimum charge of £46.00 plus a charge of £23.00 for each subsequent hour or part thereof.

3.12 A 'Breaking through walls' Charge will apply for the provision of broadband services access links for each of the broadband products. DataComms Europe may re-wire or disconnect incorrectly wired connections without liability on its part. (The following are not suitable for ADSL: ISDN, PBX lines, RedCare, BT Video Stream, BT DataStream, PCM facilities, coin box operation). The Client acknowledges that ADSL may impact other services terminating on the line such as security systems. These services should be tested once the installation is complete. Such Charges will be notified to the Client in advance if applicable.

3.13 The Client acknowledges that additional duct charges may apply for the provision of broadband services access link for EACH of the broadband products and that the Client will be advised by DataComms Europe of these charges on a case by case basis.

3.14 The Client understands that the Service comprises a telecommunication service to access the Internet and such other Services as the Client has ordered in the Service Order. Maximum 'burst' rates for the Service will be provided upon request. The Client acknowledges that the burst rates for the Service may be reduced by contention at peak usage times within DataComms Europe's System.

3.15 DataComms Europe will only be able to provide the Service where the Client's existing telecommunications supplier and connections support it (including for the purposes of this Agreement an obligation that the Client has and maintains a contract for the use of a BT provided analogue direct exchange line which terminates on a master network forming part of the BT network). Installation of the Service may cause some disruption to the Client's telecommunication services.

3.16 Where it is necessary for DataComms Europe to install or maintain the Service the Client will provide DataComms Europe with such access as it is reasonably required and any technical or personnel assistance reasonably necessary for the installation and maintenance of the Service including electricity supply and suitable accommodation and environmental conditions to accommodate the DataComms Europe Equipment.

3.17 The Customer shall be responsible for any DataComms Europe Equipment located at the Site and the Client will only use the DataComms Europe Equipment and associated software in accordance with instructions and/or software licenses that DataComms Europe provides to the Customer from time to time. The Client undertakes not to modify, tamper or in any way interfere with DataComms Europe's Equipment and DataComms Europe will not be liable for any repairs to the DataComms Europe Equipment other than those arising as a result of natural and proper use of it and:

3.18 The Client will insure any DataComms Europe Equipment located at the Site against loss or damage from all risks for an amount equal to the full replacement value of the DataComms Europe Equipment; and

3.19 The DataComms Europe Equipment shall be and remains the property of DataComms Europe at all times and must be surrendered in re-saleable condition, together with all manuals and packaging upon termination. Where the Client fails to surrender the DataComms Europe Equipment, DataComms Europe reserves the right to retrieve the DataComms Europe Equipment directly from the Site; and

3.20 the Client will be liable to DataComms Europe for any loss or damage to the DataComms Europe Equipment except in so far as any such loss or damage is attributable to the negligent or wilful act or omission of DataComms Europe.

[-Back To The Top-]

3.21 DataComms Europe hereby grants to the Client and the Client hereby accepts a non-exclusive and non-transferable license to use any software provided by DataComms Europe to access the Internet, for the sole purpose of enabling the Client to use the Service. The Client hereby acknowledges that the title to all software is and shall remain with DataComms Europe or DataComms Europe's third party licensors. The Client hereby undertakes to use its reasonable endeavours to protect and keep confidential all DataComms Europe software used by it, and shall make no attempt to examine, copy, alter, reverse engineer, disassemble or tamper with such software.

3.22 Use of the Service by the Client is deemed acceptance of any and all licences relating to the Service.

3.23 The Service is provided for the Client's use only and the Client undertakes not to resell, hire, lease or allow use of the Service by any third party without the prior written consent of DataComms Europe and:

3.24 The Client shall use the Service for lawful purposes only in compliance with all current and future statutes in force from time to time; and

3.25 The Client agrees not to use the Service:
(i) to send or receive materials or data which is in violation of any law or regulation or which is defamatory, offensive, abusive, indecent, obscene or in breach of confidence, privacy, trade secrets or in breach of any third party Intellectual property rights (including copyright) or in breach of any other rights;
(ii) in a manner which constitutes a violation or infringement of the rights of any person or a violation or infringement of any statutory duty or obligation in contract or otherwise, to any third person;
(iii) in breach of instructions that DataComms Europe have provided to the Client in respect of the use of the Service; or
(iv) other than in conformance with DataComms Europe's standard acceptable use policies and the Internet Protocols as published from time to time; and

3.26 The Client acknowledges that DataComms Europe maybe required by current or future law or regulation to access, store and/or take copies of the Client's data stored on or transmitted by the Service. DataComms Europe reserves the right to terminate the Service with immediate effect and without further obligation or liability to the Client as required by any law enforcement organisation or by the Courts; and

3.27 The Client agrees that he will not use a Name so as to infringe the rights of any other person or company under statute or common law in a corresponding trademark or name. The Client also agrees to comply with the terms and conditions of any third party through which DataComms Europe has supplied the Name to the Client; and

3.28 DataComms Europe reserves the right to restrict the passage of communications where the Client makes profligate use of the DataComms Europe network or the Service to the detriment of DataComms Europe or DataComms Europe's other Clients, until the Client gives an acceptable undertaking to DataComms Europe to modify its use of the Service; and

3.29 The bandwidth used for traffic to and from the web site is exceeded beyond DataComms Europe's considered acceptable use and is deemed by DataComms Europe to affect the performance of other Clients' Business Websites. Notwithstanding any other remedies it may have under these Terms and Conditions or in law, DataComms Europe, in the event that the acceptable bandwidth is exceeded, may elect to charge the Client an additional monthly fee as set out in the DataComms Europe Price List; and

3.30 Any breach of these terms and conditions by the Client will entitle DataComms Europe to disconnect or terminate the Service without notice with immediate effect, and DataComms Europe may restore the Service if the Client gives an acceptable assurance that there will be no further contravention.

--------------------------------------------------------------------------------

[-Back To The Top-]

Clause 4 - Client's Obligations

4.1 The Client shall:

4.2 Not use nor permit others to use the Service for any improper, immoral, fraudulent or unlawful purposes or to process material which is offensive, obscene, pornographic, defamatory, menacing or which may (in DataComms Europe's judgement) cause annoyance or anxiety to any person or bring DataComms Europe or the Service into disrepute, or to process any message or virus which causes or is likely to cause harm to DataComms Europe, DataComms Europe's Clients, or any third parties' systems, or to transmit any unsolicited advertising material; and

4.3 Not attempt to gain unauthorised access to any part or component of the Service; and

4.4 Comply with all applicable legal and regulatory requirements and any applicable licence; and

4.5 Not use the Service in a way which could cause it to be interrupted, damaged or otherwise impaired or which violates DataComms Europe's rights (including intellectual property rights) or those of any third party (including copyright, confidence, privacy or other rights); and

4.6 Be responsible for any content or material the Client processes using the Service; and

4.7 Not knowingly intercept or attempt to intercept any message that passes over DataComms Europe's System or attempt to access any unauthorised component of the Service; and

4.8 Not send or procure the sending of any unsolicited advertising or promotional material other than to the Client's own Clients; and

4.9 Only connect to DataComms Europe's System or the Apparatus, telecommunications equipment that is approved for use by DataComms Europe and complies with all relevant legislation, standards, and licence requirements; and

4.10 Comply with all reasonable instructions DataComms Europe give Client relating to the use of DataComms Europe's System or Apparatus; and

4.11 Pay the applicable Charges as set out in the Service Order or Applications and comply with any additional obligations specified in the Service Description, Service Order or any applicable Acceptable Use Policy.

4.12 The Client, in relation to any on premises works, shall also:

4.13 Supply DataComms Europe with such information as DataComms Europe or its sub-contractor may reasonably request in order to carry out any Work; and

4.14 Grant or procure so that DataComms Europe or its sub-contractor are granted all necessary authority at all reasonable times and on reasonable notice (except in the case of an emergency) to carry out the Work and install, keep, and maintain any Apparatus at the Premises; and

4.15 In the case of an emergency grant or procure that DataComms Europe or its sub-contractor is granted all necessary authority to enter the Premises immediately and without notice; and

4.16 Provide appropriate space, ducting, suitable and safe working environment and electrical power for DataComms Europe or its subcontractor to install and maintain the Apparatus at the Premises at no cost; and

4.17 Not alter, adjust, or interfere with the Apparatus or allow any of Client employees or agents to do so; and

4.18 Ensure that the Apparatus is kept safe and not interfered with by any third party.

--------------------------------------------------------------------------------

[-Back To The Top-]

Clause 5 - Payment and Term

5.1 Any agreement shall commence on the date of acceptance by DataComms Europe of the Application submitted by the Client and shall be paid on an advanced monthly basis for an initial contract period of 1 months (unless otherwise specified) and monthly thereafter (rolling monthly contract), unless and until terminated by either party by providing 30 days written notice. The client will be liable to pay a cancellation fee equivalent to the monthly charge upon failure to provide a 30 days written notice and de-activation charges not paid at start of the service.

5.2 The fees payable to DataComms Europe in respect of the Services are specified in the DataComms Europe Price List. If a credit card or debit card is on file with DataComms Europe, the Client acknowledges that DataComms Europe will automatically take payment via that device 14 days from the date of invoice. If payment is not received via this process (i.e.: credit card or debit card is no longer valid, credit card or debit card has expired, etc.) DataComms Europe will inform the Client via email, fax or letter and the Client acknowledges that the invoice is to be paid by other means and that DataComms Europe reserves the right to pursue any outstanding invoice through the appropriate legal channels.

5.3 All Charges are due in advance (whether disputed or not) or within 7 days of invoice (unless specified otherwise in the application or on the invoice.) The Client acknowledges that DataComms Europe reserves the right to suspend the customer's entire account in the event of non-payment for any overdue invoice.

5.4 Means of Payment: DataComms Europe accepts payment by bank transfer (BACS), Standing Order Mandate (SOM), Direct Debit (DD), Cheque or Credit/Debit Card. 5% charge apply for utilising Master Card, 3% charge for utilising Visa, Electron, Switch, Solo and other major Credit/Debit Cards. The Client may be required to pay for services by Direct Debit, Standing Order Mandate or Credit Card on a non-invoiced basis. DataComms Europe will notify the Client if this is the case. £20, per incident will be charged for any dishonoured payment.

5.5 All Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.

5.6 In the event of a material breach as described above, DataComms Europe's normal terms for collection of payment apply. If the Client chooses to pay by Direct Debit or Standing Order Mandate, and if, for any reason, the Client's Direct Debit or Standing Order Mandate fails or mandate is cancelled and DataComms Europe cannot take payment, the Client agrees to make the payment in full by an alternative method within 5 days. If payment is made within this time period, the Client can continue to pay via Direct Debit or Standing Order Mandate though, if payment is not made within this 5 day period, DataComms Europe retains the right to pursue payment through its normal processes and retract the Client's right to pay by Direct Debit or Standing Order Mandate in the future.

5.7 The Client acknowledges that he shall provide DataComms Europe with such amount in cash or by way of guarantee as DataComms Europe may specify from time to time as a non-refundable payment of Charges for the remaining balance on the Contract. If the deposit is not provided within seven days of request, DataComms Europe will have the right to disconnect the Service. Interest is not payable on deposits.

5.8 If the Client is overdue with any payments hereunder, then without prejudice to DataComms Europe's other rights and remedies, the Client shall be liable to pay to DataComms Europe a flat fee of £20 for each correspondence, DataComms Europe's solicitors and court fees, as well as interest on the amount payable at an annual rate of 5% above the prevailing base rate of The Royal Bank of Scotland plc, which interest shall accrue on a daily basis from the date payment becomes overdue until DataComms Europe has received payment of the overdue amount together with all interest.

5.9 Should the Client choose to pay for any ongoing fees by Direct Debit, the completed Direct Debit Mandate form must be returned to DataComms Europe within 28 days. In the event of the Client failing to return a completed Direct Debit Mandate mandate, DataComms Europe reserves the right to withdraw any discounts that may have been offered and invoice for the monthly premium immediately. This invoice will then be payable within 14 days by other means.

5.10 The Client accepts that if any services provided by DataComms Europe are disconnected because of non-payment or because of any breach of contract or Acceptance of Use Policies, DataComms Europe has the right to charge the Client a reconnection fee equal to one month's fees with a minimum payment of £50 plus VAT for each reconnection unless specifically stated otherwise in these terms and conditions.

5.11 The Client accepts responsibility for any interruption to services provided by DataComms Europe, due to damage to equipment at Client's premises, or failure of The Client to meet other obligations (e.g. failure to pay rent or BT bills) rendering DataComms Europe's services to become inaccessible. The Client remains liable to the monthly charge or cancellation fee subject to clause 5.1 above.

5.12 The Client acknowledges responsibility for informing DataComms Europe of all billing address changes and any changes relating to the Client's ability to be contacted.

--------------------------------------------------------------------------------

[-Back To The Top-]

Clause 6 - Financial provisions

6.1 You agree to pay the fees for the use of the Service that is supplied.

6.2 Periodic user fees for the Service, shall be payable on the relevant renewal date, which shall be computed from the date of entering into the Agreement.

6.3 We shall have the right to increase any periodic fees by at least 28 days advance notice to you prior to the relevant renewal date.

6.4 All reductions in periodic fees shall be announced on the DataComms Europe web site.

--------------------------------------------------------------------------------

Clause 7 - Warranties

7.1 In performing DataComms Europe's obligations under this Agreement, DataComms Europe shall, at all times, exercise the reasonable skill and care of a competent public ISP (Internet Service Provider) or, as applicable, telecommunications operator. The Client acknowledges that neither DataComms Europe, nor any other party has control over the Internet and service interruptions may occur due to circumstances beyond DataComms Europe's reasonable control such as system malfunctions or failures of third parties. The Client therefore acknowledges that DataComms Europe shall not be held liable in any way for losses as a result of such service interruptions regardless of their nature.

7.2 The Client further acknowledges that DataComms Europe shall in no way be held liable for any service outage or disruption that occurs as a result of any of DataComms Europe's suppliers' failure to provide a service. For clarification, if any of DataComms Europe's suppliers enters administration, liquidation, is wound up or for any reason fails to provide a service to DataComms Europe that impacts the Client, DataComms Europe shall not be held liable. In the event DataComms Europe selects an alternative supplier in order to restore the service to the Client, the Client acknowledges that any increase in the costs to DataComms Europe as a result of the supplier change will be passed on to the Client.

7.3 The Client acknowledges that it is not possible for DataComms Europe to provide a 100% fault-free Service. DataComms Europe expressly reserves the right to disconnect availability of Internet access for the purpose of necessary or scheduled maintenance. Access to e-mail may also be adversely affected by conditions and performances outside DataComms Europe's control including without limitation the breakdown of transmission and telecommunication links or provisions of services by DataComms Europe's selected service providers. Sometimes DataComms Europe will need to suspend the Service for maintenance, scheduled or unscheduled. While DataComms Europe will try to maintain the Service 24 hours a day, seven days a week, DataComms Europe cannot guarantee to do so. DataComms Europe will always try to repair reported faults and/or restore the Service as soon as reasonably practical.

7.4 The Client warrants to DataComms Europe that the Client has obtained and will maintain all such approvals, way leaves, and licences as may be necessary to perform DataComms Europe's obligations under this Agreement or to allow DataComms Europe to do so and that the Client will comply generally with all applicable laws and regulations.

7.5 No other warranties or representations, expressed or implied, are given by either party under this Agreement and any implied warranties are expressly excluded.

7.6 The Client warrants that it will comply with the provisions of the end-user licence relating to all aspects of Services in which an Application has been provisioned.

7.7 The Client warrants that it will comply in every respect with the provisions of DataComms Europe 's Acceptance of Use Policy.

7.8 The parties acknowledge and agree that the Client shall have full editorial control over the contents of the Web Site and the Client warrants that the Web Site (including where the Client engages in any form of electronic communication through a discussion forum, via the Web Site or otherwise with any end-user) shall not:

7.9 be in breach of the laws of England and Wales or the country of establishment of the Client or any end-user of the Web Site, or any international conventions, codes or regulations applicable to the Internet including but not limited to infringement of copyright and other Intellectual Property Rights, defamation, theft, fraud, drug-trafficking, money laundering and terrorism; or 7.9.1 include any obscene or inflammatory language; or 7.9.2 include any defamatory material; or 7.9.3 promote sexually explicit materials; or 7.9.4 promote violence, sadism, cruelty or incite racial hatred; or 7.9.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or 7.9.6 promote illegal activity. 7.9.7 The Client shall indemnify and keep DataComms Europe indemnified against all proceedings, losses, liabilities, damages (including legal costs), Charges and expenses of whatsoever nature arising out of or in connection with any action or claim that the content of the Web Site violates the provisions noted above.

7.10 The price of goods and services shall be as stated on the Quotation and ordinarily subject to VAT unless exempt or zero-rated or exported outside the European Community. All goods, but not services or software, will be new unless otherwise notified to the customer by DataComms Europe at the time of quotation.

--------------------------------------------------------------------------------

[-Back To The Top-]

Clause 8 - Term and Termination

8.1 This Agreement maybe terminated by either party by providing a 30 day written notice with no termination earlier than the initial contract period or monthly renewal period.

8.2 If the Client terminates this Agreement during the initial contract period, other than because DataComms Europe has increased its Charges or materially changed the terms of this Agreement to the Client's detriment, or if the Agreement is terminated by DataComms Europe under 7.3 below, the Client must pay DataComms Europe the applicable Charges for the remainder of the initial contract period.

8.3 Either party may terminate this Agreement or the Service provided under it forthwith by notice to the other if:
8.3.1 Either party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
8.3.2 Either party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
8.3.3 The client fails to pay any Charges when due; or
8.3.4 DataComms Europe passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect; or
8.3.5 Either party ceases to carry on its business or substantially the whole of its business; or
8.3.6 Either party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets; or

8.4 The bandwidth used for traffic to and from the web site is exceeded beyond DataComms Europe's considered acceptable use and is deemed by DataComms Europe to affect the performance of other Clients' Business Websites.
Notwithstanding any other remedies it may have under these Terms and Conditions or in law, DataComms Europe, in the event that the acceptable bandwidth is exceeded, may elect to charge the Client an additional monthly fee as set out in the DataComms Europe Price List

8.5 If any of the events detailed above occur as a result of DataComms Europe's default, DataComms Europe may by giving notice to the Client disconnect the Service or any part of it without prejudice to DataComms Europe's right to terminate this Agreement. Where the Service or any part of it is disconnected under this paragraph, the Client must pay the Charges for the Service until this Agreement is terminated.

8.6 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.

8.7 On termination of this Agreement for any reason:
8.7.1 DataComms Europe shall have the right immediately to remove any Apparatus from the clients Premises; and
8.7.2 All amounts owing for the Service shall be due and payable in full on demand whether or not then due and Client shall have no right to withhold or set off such amounts; and
8.7.3 DataComms Europe may delete all e-mail, Websites, and other data stored on the Service by the Client and re-use the e-mail addresses, domain names not held by the Client, and Business Web-spaces. DataComms Europe shall not exercise this right for six weeks in the case of termination by DataComms Europe other than for breach by Client; and
8.7.4 DataComms Europe shall transfer any domain names held by the Client to another ISP at a Charge as specified in the DataComms Europe Price List. For the latest pricing list information on the above please contact the DataComms Eruope sales department on 0870 241 2439.

8.8 ADSL 'No Install Fee', 'Deferred Hardware' or 'No Activation Fee' options and the Cancellation Penalty:
What must I pay if I leave within the first 12-months or the stated contract period?
Should you decide to leave the service prior to fulfilling an initial 12-month term or the stated contract period a cancellation charge would be levied.
This is referred to in Section 8.9 of the Terms and Conditions as the Cancellation Procedure.

8.9 Cancellation Procedure
Should you leave the service within the first 60-months of your subscription this Cancellation Fee would be calculated from the following values:

Activation/Deactivation Fee. This is the cost of the BT line activation/De-activation fee that was in effect at time of subscribing to the service. Any product de-activation or cease request made by service subscriber (End User) will be charged at £50 excluding of VAT. This fee is payable in 3 alternative ways; a. Fully paid at start of service, b. Part paid at start and remaining paid at end of service or c. Fully paid at end of service.

Outstanding Fees. These being the cost of supplied Hardware if outstanding.

Outstanding Period. The amount of whole months remaining to fulfil a 12-month initial term or stated contract period

Administrative Charge. An administrative fee, this being the sum of £11.75 Inc VAT

For customers with 'No Activation Fee' products, the Cancellation Penalty will be calculated as follows:

1. "No Activation fee" paid at start of service:
Activation Fee plus Outstanding Fees plus the Outstanding Period, plus the Administrative Charge.

2. "Part Activation fee" paid at start of service:
Part Activation Fee plus Outstanding Fees plus the Outstanding Period, plus the Administrative Charge.

3. For all other customers the Cancellation Penalty will be solely the Administrative Charge.

IMPORTANT: Please note a clear distinction between the cancellation fee and the activation / de-activation fee. The cancellation fee can be and is waived if a full month notice is given prior to ending your service with DataComms Europe Ltd. However, the activation / de-activation charge apply whenever a service start or end and is compulsory thus cannot be waived under any circumstances.

PLEASE NOTE: We only accept written termination requests.

--------------------------------------------------------------------------------

[-Back To The Top-]

Clause 9 - Consequences of Termination

9.1 Upon the termination of any Agreement for any reason whatsoever:
9.1.1 The Client shall promptly return to DataComms Europe all copies of the Software in his possession; and
9.1.2 DataComms Europe may cease to host the Business Web Site with immediate effect; and
9.1.3 Each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other party's Confidential Information), which it then has in its possession or control.

--------------------------------------------------------------------------------

Clause 10 - Data Backup

10.1 Whilst DataComms Europe shall use its reasonable endeavours to ensure that backup copies of the Client's Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and DataComms Europe shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or DataComms Europe to back up such data.

--------------------------------------------------------------------------------

Clause 11 - General Usage Policy

11.1 The Client agrees to adhere to DataComms Europe General Use Policy and any Acceptable Use Policy so as to ensure a safe, functional, and trusted environment for DataComms Europe Clients to publish their information on the Web.

11.2 Web and FTP Site Content Policies include:
11.2.1 DataComms Europe does not allow any of the following content to be published on DataComms Europe Web Space including but not limited to: (a) Content of a pornographic, sexually explicit, adult nature; or (b) Content of an illegal nature (including stolen copyrighted material); or (c) Pirated software sites; or (d) Hate sites or content that could be reasonably considered as defamatory; or (e) Content that is questionable regarding any of the above criteria will be decided upon by a DataComms Europe representative. Clients posting any of the above content on web sites will have their web and/or incoming anonymous FTP services temporarily suspended.

11.3 Clients in breach of this policy will be contacted by DataComms Europe and given the opportunity to remove the content in question before having services reinstated. The Client accepts that repeated infractions may cause the cancellation of service without refund of any fees.

11.4 DataComms Europe does not support unsolicited e-mail messages sent by users of DataComms Europe's system (also known as junk e-mail or SPAM). Users sending unsolicited e-mail messages from DataComms Europe's system or posting SPAM in Usenet Newsgroups will have all services temporarily suspended. The Client will then be contacted by DataComms Europe and informed of the suspension before having services reinstated. The Client accepts that repeated infractions may cause the cancellation of service without refund of any fees.

11.5 Clients caught using DataComms Europe's system for illegal activities, including but not limited to breaking in to remote systems, credit card fraud, theft, vandalism, threats, or violence, accept that the Services related will be immediately cancelled without refund of any fees.

11.6 DataComms Europe reserves the right to refuse service to anyone for any reason. DataComms Europe enforces this policy to ensure a professional environment for the users of its system.

11.7 The Client agrees to access DataComms Europe's services using its published fully qualified domain name (FQDN - e.g. smtp.businessserve.co.uk) and not the underlying IP address and acknowledges that DataComms Europe reserves the right to change the underlying IP address of any of its services without prior notice.

11.8 DataComms Europe may, at its sole discretion, run manual or automatic systems to check compliance with these Terms and Conditions. The Client acknowledges that these checks may include, but are not limited to, scanning for open mail relays, smurf amplifiers and insecure formmail scripts. By accessing the Internet via DataComms Europe's services, the Client is deemed to have granted permission for these checks.

11.9 The Client is required to accept e-mail addressed to "postmaster" at the Client's e-mail address utilising the domain name(s) on the Client's account. For example, if the Client has the domain name "mybusiness.co.uk", then the Client shall accept and read all e-mail addressed to postmaster@mybusiness.co.uk. The Client will be deemed to have read any and all such postmaster-addressed e-mail. The Client acknowledges that DataComms Europe may take action on the basis of this assumption that may impact the Client's account.

--------------------------------------------------------------------------------

[-Back To The Top-]

Clause 12 - Suspension of Services

12.1 DataComms Europe may disconnect the provision of Service without liability on its part, and with as much prior notice as reasonably possible (except in the case of paragraph (a) below in which case DataComms Europe may do so without prior notice): (a) If necessary for operational reasons or for the purposes of carrying out Work at the Premises or maintaining or upgrading the Service or DataComms Europe's System; or (b) if obliged to comply with an order, instruction, or request of an emergency service organisation or a governmental or other competent authority.

--------------------------------------------------------------------------------

Clause 13 - Notices

13.1 Except as expressly stated herein to the contrary, all notices and other communications required or permitted to be given under these Terms and Conditions shall be in writing and shall be delivered or transmitted to the intended recipient's address as specified above or such other address as either party may notify to the other for this purpose from time to time. Any notice shall be treated as having been served on delivery if delivered by hand, two working days after posting if sent by pre-paid registered mail, on delivery if sent by courier and on confirmation of transmission if sent by facsimile. For the avoidance of doubt, notice under these Terms and Conditions shall not be validly served if sent by E-mail. This clause does not affect the responsibility of the Client to regularly review DataComms Europe's website for any alterations/amendments to the terms and conditions which would be binding on the client.

--------------------------------------------------------------------------------

Clause 14 - Variation

14.1 Except as explicitly stated in this Agreement, the terms of the Agreement may only be changed or modified by DataComms Europe on behalf of both parties. DataComms Europe may change the technical specification of the Service at any time, provided this does not detrimentally affect its performance.

14.2 The Client accepts the obligation to review these terms and conditions every two weeks and, unless DataComms Europe is informed in writing otherwise, the Client accepts that as part of the Agreement, the revised terms and conditions will indeed supersede, in whole or in part thereof, the previous terms and conditions deeming the revised terms and conditions to be in force until the end the contract period.

14.3 DataComms Europe may amend this Agreement at any time, with immediate effect, in order to comply with any company policy, law, regulation or ruling of Oftel or any other Governmental or regulatory body.

--------------------------------------------------------------------------------

Clause 15 - Fair Use Policy for Broadband

If you're on either our unlimited or uncapped broadband service then our Fair Use Policy applies to you.

Why have one?
Well it's designed to make sure your broadband service is fast and reliable whenever you use it.

Some of our broadband customers use file sharing software and download large files like music and videos. This uses up lots of network capacity leaving less available for you. If they're doing this at peak times, it could mean that the speed of your broadband service will be affected.

Am I likely to be affected by the Fair Use Policy?
If you don't use file sharing software or download large files from the Internet it's unlikely you'll ever be affected by this policy. If you do, all we ask is that you do so considerately, perhaps by downloading outside the peak hours of 6pm to 11pm.

What will happen if my use is very high?
If you only occasionally have very high usage, we're unlikely to be concerned unless it becomes a regular occurrence. If this does happen then we'll get in touch to help you find ways to reduce your usage.

If your usage continues to be very high, we'll get in touch again. Ultimately, if your usage still remains excessive despite our attempts to help you reduce it, we may have to suspend your service and possibly close your account.

We don't want to do that, and with your support and goodwill we'll work with you to see if we can avoid this happening.

[-Back To The Top-]