Standard Terms and Conditions

All orders in whatever terms, are accepted subject to the following terms and conditions which will apply even if received with different terms and conditions attached, unless varied in writing by an authorised representative of Netpremacy.

1. 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.The customer agrees with Netpremacy to pay all charges, VAT and any bank charges that may arise when they fall due.

4. Netpremacy reserve the right to refuse the release or transfer any domain name or service where monies are still outstanding on the customers account. This is in line with registrars recommendations.

5. Netpremacy warrants to the customer that it will provide all services ordered with reasonable care and skill but Netpremacy does not warrant or undertake that this will cause the services to operate without fault or interruption.

6. Netpremacy can never guarantee a product or service provided by a third party for and on behalf of a customer, however will endeavor to act in the best interest of the customer.

7. Netpremacy shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by the customer.

8. 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 Netpremacy in respect of any liability incurred as a result of a breach of this cause.

9.  Netpremacy reserves the right to amend any product to ensure the quality of service to our customers is maintained at all times.

10. Customers using any of Netpremacy products that are also part supplied by a third party, through Netpremacy such as BT lines for ADSL or Telco circuits for Leased Lines are also bound by their terms and conditions, which are available on request.

11. Customers taking direct bandwidth connections.

a. Except in the case of emergencies Netpremacy 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 Netpremacy shall endeavour to perform these activities in such a way as to minimise any interruption in the provision of service.

b. Netpremacy can not make any guarantees for services provided by third parties outside their network.

c.Where Netpremacy provide routing equipment the customer will have access to the usage statistics via the provider web page.

d. Netpremacy 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 Netpremacy 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; Netpremacy 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 Netpremacy Service Level Agreement will accompany this document.

12. 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 Netpremacy 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 Netpremacy as well as any third party telecommunication carrier or maintenance representative in respect of whom the customer fails to give Netpremacy adequate prior notice of the name of such representative, together with the date and time for which access to the equipment is required. Netpremacy will not be responsible for the consequences of any such refusal or failure or delay by the customer in notifying Netpremacy of its access requirements.

c. The customer may only install a server in Netpremacy 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 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 Netpremacy 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 Netpremacy within 60 days, all services will be terminated.

j. Should payment not be received within 90 days, Legend reserves the right to possess the customer equipment as security against the debt. If payment is not received 30 days thereafter Netpremacy 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.

k. The client will at all times make available the content/data held within the server(s) at any time to a representative of Netpremacy .

13.Customers taking managed server(s) and other Netpremacy services (in addition to the terms in note 8 and 9).

a. Managed servers and other hardware remain the property of Netpremacy throughout the term of the agreement.

b. Netpremacy 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, Legend 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. Netpremacy will be responsible for the hardware at all times. In the event of component(s) failure resulting in loss of service, Netpremacy will endeavour to replace any faulty/broken part(s) within 8 working hours.

f. In the event of an operating system error, Netpremacy will endeavour to restart the server within 4 working hours. If this measure is not successful, Netpremacy 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. Netpremacy does not undertake any responsibility for the data held within servers or back up tapes.

h.If Netpremacy resources are being used in conjunction with this service, the client undertakes the responsibility to ensure against unauthorised security breaches of our network systems.

14. The customer shall indemnify Netpremacy and shall hold Netpremacy 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 Netpremacy in respect of or arising directly or indirectly from the resale of services.

15. 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.

16. In the case of any customer who is an individual about whom Netpremacy processes personal data (as defined by the Data Protection Act), Netpremacy may use such data to provide the customer with details of other Netpremacy products which may be of interest to the customer.

17. 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.

18. 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.