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Standard Terms of Business

 
 

 

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All Users of Services provided by Tusker Technology, by use of such Services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the Services.

NOTE: Pornography and sex-related merchandising are PROHIBITED on any Domain hosted by Tusker Technology.

NOTE: Spamming, or the sending of unsolicited email, from a Tusker Technology hosted site or using an email address that has been provided by Tusker Technology  is STRICTLY PROHIBITED.

This Agreement is made between Tusker Technology of 57, Argyle Gardens, Upminster, Essex, RM14 3HH
and the User...........................................................of..................................................................
The date of this Agreement is.................................................................................................19......
The following constitute the Terms and Conditions under which Tusker Technology trades and supplies its Services and related products. These conditions represent the totality of the agreement and form the Contract between Tusker Technology and the User.
Any agreed variation or alteration to part of these Terms and Conditions as annexed to this Contract will not invalidate the remainder or the whole. Tusker Technology is entitled to suspend Services if the User does not adhere to any or several conditions of this Contract.

1. DEFINITIONS
In this Contract unless the context otherwise requires:
"Services" means any service or facility provided by us to you.
"Web Site" means the hosted area allocated by us to you for use by you as a site on the Internet.
"Contract" means the Contract between Tusker Technology and the User incorporating these conditions.

"Charges" means the charges as agreed on any current Quotation or Order Form and Tusker Technologys’ latest published prices for products and Services.
"bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract.
"Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intemet Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate.
"User" means you the customer or any person who makes use of the Services though you or on your behalf.
"minimum Contract term" means the minimum period of service as specified in clause 5;

2. DOMAIN NAME REGISTRATION

2.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;
2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name;
2.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled. at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute;
2.4 We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name;
2.5 We shall not release any domain to another provider unless full payment for that domain has been received by us;

3. WEB SITE HOSTING and EMAIL
3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via our Services and we shall have no liability for any loss or damage to any data stored on the hosted site.
3.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the hosted site
3.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that;
3.3.1 you will not use the Web Site in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;
3.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;
3.3 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information;
3.4 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Web Site which is detrimental to our other customers;
3.5 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;
3.6 In the case of an individual User, you warrant that you are at least 18 years of age, and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. 

4. TUSKER TECHNOLOGY SERVICE
4.1 Connection to the Tusker Technology service - this Contract, unless specifically stated on the order form, does not include the provision of telecommunications services necessary for connection.
4.2 Requests relating to the provision of Services are, unless otherwise agreed to be made or confirmed in writing or by electronic mail;
4.3 Tusker Technology will use all reasonable endeavours to provide a reliable Service, however it is not practicable to provide such a Service free of faults and Tusker Technology does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone telefax or electronic mail to Tusker Technology at the appropriate numbers or email address, or other such numbers or addresses that Tusker Technology may from time to time provide. Upon receipt of the fault report, Tusker Technology will take all proper steps without undue delay to endeavour to get the fault corrected. Tusker Technology shall not, in any event, be liable for interruptions of service or non-availability of a hosted Web Site or internet access.
4.5 Tusker Technology may:
- temporarily suspend for the purpose of repair, maintenance or improvement, part or all of the provided service, generally without notice.
- give or update instructions regarding the use of the Service which in Tusker Technology’s reasonable opinion is necessary in the interests of safety, or to maintain or improve the quality of the Service, and any such instructions shall whilst they are in force, be deemed to form part of this Contract,
- vary the technical specification of Service for operational reasons,
Tusker Technology undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension;

5. COMMENCEMENT and MINIMUM PERIOD OF SERVICE
The Service shall be for a minimum period as specified when ordered. The Service, unless otherwise agreed , shall be provided for a minimum period of twelve months. The minimum period shall commence upon connection. Connection shall be deemed to be effected when the link is first live to the your Site or other such point as requested by you.

6. BANDWIDTH UTILISATION
If the bandwidth or speed of Service used by you exceeds 80% of the allowable indicated over a one week minimum period in regular samples an excess charge will be payable by you unless you instruct Tusker Technology to upgrade the bandwidth to the next level required. Any upgrade will be shown and undertaken by you on a new order form and will be subject to current terms and conditions;

7. CONTENT and MISUSE

7.1 You will use all reasonable endeavours to ensure that the Tusker Technology Service is used or includes content that conforms to the laws of the this country and will not knowingly permit any illegal use or such use that will bring Tusker Technology into disrepute;
7.2 You must not, nor must any other person, use the Service:
to send or receive any material which is offensive, abusive, indecent, obscene or menacing; or in breach of confidence, copyright, privacy or any other rights; to cause annoyance, inconvenience or needless anxiety; or in breach of any provisions as contained within clauses 3 and 4 of this Contract; or other than in conformance with the acceptable use policies of any connected networks and the Internet standards;
7.3 Tusker Technology may discontinue Service if after due warning the User continues to permit such illegal or disreputable use. If Tusker Technology suspends service for contravention of the above conditions of this clause, Tusker Technology can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention;

8. CHARGES and PAYMENT
8.1 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25;
8.2 All Charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. Charges are exclusive of 'Value Added Tax'  unless stated otherwise which shall, if applicable, be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice;
8.3 You acknowledge that our Services are provided using facilities provided to us by third parties; Tusker Technology shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the minimum Contract term or the continuation of the Contract, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate this Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date this Contract ends;
8.4 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. Tusker Technology agrees to be party to this Contract upon Tusker Technology's acceptance of cleared funds covering the first payment under the Order. Recurring charges are payable on connection as defined in clause 4.1 of this agreement and thereafter on or before the same day (the due date) of all subsequent months under the minimum Contract term. If payment is not received on or before the due date Tusker Technology reserves the right to immediately withdraw, suspend or limit service and will charge the User a failure fee of 3% of the amount overdue per month;
8.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a "reconnection" charge of £25;

9. DEFAULT
9.1 If you:
do not pay the charges in accordance with the provisions of clause 8 of this Contract, or break this Contract in any other way; or are subject to bankruptcy or insolvency proceedings;
Tusker Technology can (without prejudicing, losing or reducing any other right or remedy) suspend service, including partially, temporarily without notice, albeit the User remains liable to pay rental during the suspension, or terminate this Contract by immediate notice, without prejudice to Tusker Technology's pre-existing rights;
9.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed;
9.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract;
9.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit;
9.6 If Tusker Technology waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by Tusker Technology in acting upon a breach is not to be regarded in itself as a waiver.

10. TERMINATION OF SERVICE

10.1 This Contract may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the minimum Contract term or at any time thereafter. If Tusker Technology gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges until 30 days after the date Tusker Technology receives the notice or until expiry of the notice, whichever is the latter. Your notice does not avoid any other liability for Service already provided.
10.2 Tusker Technology reserves the right during the minimum Contract term to terminate this Contract by giving to you not less than 30 days prior written notice of termination.

11. NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or the Order or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting;

12. MATTERS BEYOND TUSKER TECHNOLOGY’S REASONABLE CONTROL
Tusker Technology is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeur, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.

13. LIABILITY
13.1 You acknowledge that Tusker Technology has no control over the information transmitted via the Service and that Tusker Technology does not examine the use to which you put the service or the nature of the information you are sending or receiving. Tusker Technology hereby excludes all liability of any kind for the transmission or reception of information of whatever nature;
13.2 Tusker Technology undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus;
13.3 Tusker Technology is not in any way liable in Contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
13.4 Tusker Technology makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and service interruptions.
13.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 13.6;
13.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;
13.7 Our total aggregate liability to you for any claim in Contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim;
13.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising;

14. INDEMNITY
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Web Site including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement;

15. INTELLECTUAL PROPERTY RIGHTS
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name;

16. ASSIGNMENT
You may assign all or part of this Contract to any other party only with the prior written agreement of Tusker Technology. Tusker Technology reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of Tusker Technology.

17. LAW

This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

18. HEADINGS
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

19. ENTIRE AGREEMENT

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

For the User:

Position .............................................

Signature.............................................

Name .............................................

For Tusker Technology

Position .............................................

Signature.............................................

Name .............................................

 
 
 
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Copyright [2008] [Tusker Technology]. All rights reserved.   Updated August 2016