Provision of Service
1.1 This contract covers the provision of service
by Roy Media, supplying Internet and/or software services to the
customer. It supersedes and takes precedence over any previous written
or oral representations given or made by the company or any representatives
of the company. In agreeing to the provision of the services, the
customer is deemed to have read and understood these terms and conditions.
1.2 Any date proposed either by the customer or
Roy Media for the provision of services should be treated as an
estimate only and Roy Media accepts no liability for any failure
to meet it.
1.3 Unless Roy Media receive a notice in writing
from the customer terminating this contract at any time prior to
the renewal date, the customer will be deemed to renew the contract
at the end of the twelve month period and be subject to the terms
and conditions referred to herein.
1.4 Roy Media reserve the right to alter or amend
its terms and conditions by giving seven days' prior notice to the
customer. Notice will be deemed to have been given by Roy Media
by displaying the notice on the web site of Roy Media that can be
found at http://www.roymedia.co.uk
1.5 Not withstanding the above, the customer will
grant Roy Media permission to deduct any funds due at the date of
renewal from previously supplied credit card information.
2 Definition and application
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2.1 In this Contract:
"the customer" means the customer with
whom Roy Media makes this contract including a person reasonably
appearing to Roy Media to act with that customer's authority;
"WWW" means World Wide Web service available
on the Internet;
"Domain names" means Internet addresses
which have been registered with the central registration authorities
on the Internet on behalf of the customer;
"Upload" means transfer computer files
to the Roy Media computer system for publication on the Internet,
"Commencement date" means the date of
Roy Media's acceptance of the customer's order specified by the
order date on the customer invoice;
"This contract" means the contract between
the customer and Roy Media incorporating these terms and conditions;
"Web site" means the area on Roy Media's
computer system allocated to the customer for the purpose of this
"Hosting" means the making available of
the customers domain name to the Internet community;
"Renewal Date" means the date of renewal
of this contract between the customer and Roy Media, as defined
on the customer application form;
"Megabyte" means 1,048,576 bytes or characters
"Gigabyte" means 1,073,741,824 bytes or
characters of information;
"Illegal" means any act or acts which
are capable of breaching the criminal law of England and Wales.
2.2 Any words in the singular include the plural
and vice versa. All definitions, notes, terms and conditions referred
to in this contract form part of the contract as if they were expressly
set out in it.
3 Contract Period
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This Contract shall continue from the commencement
date for a period of twelve calendar months subject to termination
under conditions 8 and 9.
4 The Customer’s Responsibilities
4.1 It is the customer's obligation to ensure that
they do not upload a virus to the web space provided by Roy Media
which could infect the Roy Media server. The customer must not allow
a virus to enter the Internet community by allowing Internet users
to download files containing viruses and knowingly or otherwise
from their web space which is on a Roy Media server.
4.2 It is the customer's obligation to ensure that
any material being uploaded is not in breach of copyright. Roy Media
accepts no responsibility for the customer's actions in either uploading
material to the WWW or in the customer's transferral of any material
to other Web sites.
4.3 The customer agrees not to upload any material
which would be considered to be contrary to public decency and morality.
Roy Media reserve the right to randomly inspect Web sites and in
the event that any unauthorised material has been uploaded to that
Web site, Roy Media reserve the right to inform the authorities
and to terminate this contact forthwith. Uploaded material would
expressly include pornographic, barbaric and overtly tasteless material.
4.4 The customer agrees that it shall not cause
or permit or in any way assist in any unauthorised publication,
any dissemination of any defamatory material or any material which
could be considered to be in breach of the criminal laws of England
4.5 The customer agrees to keep secure the login
name and password specified on the application form and not to pass
that information to any unauthorised person. In the event of the
customer's login name and password being used by any unauthorised
person, Roy Media accept no responsibility and the customer will
be liable for additional charges arising therefrom.
4.6 The customer is only entitled in this contract
to transfer data set out in the purchase order. Any transfer in
excess of this figure will result in a charge at the current rate.
4.7 If the contract is terminated for whatever reason,
the customer will not be entitled to a refund unless they terminate
the contract within the first 30 days, in which case a full refund
will be payable, less any domain registration charges, or charges
for additional services not included as part of any of our standard
hosting plans, as defined and displayed on our web site.
4.8 The customer agrees not to perform any action
that will result in the reduced performance of the Roy Media servers
to the detriment of other users.
4.9 Not to commit any act whereby access is gained
by the customer to any information or resources of any body corporate
or person, individual, partnership, government agency, national
institution, charity or recognised organisation without first having
obtained authority from those persons or institutions.
4.10 The customer agrees not to use Roy Media’s
servers to send unsolicited or spam email to other Internet users.
Failure to meet this obligation would result in the termination
of this contract without refund.
4.11 The customer agrees not to use unsolicited
or spam email in any way that would result in any part of the Roy
Media network being mentioned either directly or indirectly in such
postings. Failure to meet this obligation would result in the termination
of this contract without refund.
4.12 The customer agrees not to use our systems
either directly, or indirectly in a way that would have a detrimental
effect on network performance.
4.13 Not to do any act or omission, the result of
which would have the effect of bringing Roy Media into disrepute.
5 Limitation of Liability
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5.1 For the avoidance of doubt Roy Media has no
obligation duty or liability in contract and/or tort for breach
of statutory duty or otherwise beyond that of a duty to exercise
reasonable skill and care.
5.2 In any event and in no circumstance shall Roy
Media be liable for any loss either direct or indirect of profits,
business or anticipated savings or any other direct or indirect
consequential loss arising out of the provision of the service to
5.3 In no circumstance shall Roy Media be liable
for any loss whether direct or indirect arising from the content
of any information placed by the customer onto the service provider
of Roy Media.
5.4 Under no circumstances shall Roy Media be liable
for loss whether direct or indirect of profits, business or anticipated
savings or for any direct or indirect consequential loss whatsoever
by the failure of, or any plem experienced by the customer in it's
operation of it's web site.
5.5 Each provision of this condition is to be construed
as a separate limitation applying and surviving even if for any
reason one or other of the said provisions is held inapplicable
6.1 Without prejudice to any other rights or remedies
which Roy Media may have against the customer, the customer shall
indemnify Roy Media against any loss or expenses sustained by reason
of any breach of this contract and any actions, proceedings, claims
or demands in any way connected with this contract brought on by
or threatened against Roy Media by a third party which are caused
by or arise from any action of Roy Media carried out pursuant to
the instructions of the customer.
6.2 The customer shall indemnify Roy Media against
any actions, proceedings, claims or demands in any way connected
with this contract brought or threatened against Roy Media by a
third party which are caused by or arise from any act or default
of Roy Media carried out pursuant to the instructions of the customer.
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7.1 Charges are payable either monthly, quarterly
or annually in advance depending on the service purchased.
7.2 All charges of whatever nature in respect of
service shall as such be as Roy Media shall determine from time
to time. On each occasion when service is provided to the customer,
the customer shall pay the charges in force at that time, full details
of which will be available from the address specified in condition
7.3 Value added Tax where applicable will be added
at the appropriate rate to the total of all charges shown on the
customers bill. At the time of issue of this document, Roy Media
will not add any amount of Value Added Tax to any service until
such time as Value Added Tax registration certification is in force.
7.4 Should Roy Media have to issue Court proceedings
pursuant to this contract the customer accepts responsibility for
all Roy Media legal fees and disbursements notwithstanding the value
of the claim, on an indemnity basis.
7.5 Any third party costs Roy Media may incur due
to processing the payment for the services will be payable by the
customer within seven days.
8 Termination of the contract by Roy Media
8.1 If the customer does not pay any charge when
due or breaks this contract in any other way Roy Media can terminate
this contract immediately without the requirement of prior notification.
8.2 Should Roy Media deem the customer a threat
to the integrity of the Roy Media network whether as a result of
their actions or threats of such actions or by hostility of their
actions or due to any other reason which in our considered opinion
would be against our business interest, then Roy Media can terminate
this contract immediately without the requirement for prior notification.
8.3 Termination of this contract by Roy Media will
result in the retaining by Roy Media of all monies received from
the customer who will not be entitled to a refund of monies paid.
8.4 Upon termination of this contract the customer
shall nevertheless remain liable for all charges due or which would
have been payable under this contract.
8.5 On termination Roy Media will remove all materials
held on Roy Media's computer and remove all privileges entitled
to the customer.
8.6 Upon termination of this contract by Roy Media due to non-payment or abnegation of the customer's responsibilities, all ownership of design, administered domain names, hosted content held on Roy Media servers, etc., will become the property of Roy Media, and legal control of them will be ceded to Roy Media.
8.7 Subject to the discretion of Roy Media, after
termination, if Roy Media agree that the customer may once again
be reconnected to the service, any reconnection will be subject
to an administration charge of £50 together with any outstanding
charges payable prior to the reconnection.
9 Termination of the contract by the customer
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9.1 The customer can terminate this contract at
any time within the first 30 days and receive a full refund, less
any domain registration charges or charges for additional services
(such as web site design or graphic design) not included as a part
of one of our standard hosting plans. After this 30 day period the
customer may terminate the contract, however no refund will be payable
and the customer remains liable for all fees to the end of the contract
period as defined in section 3 of this contract. The notice of termination
should be made in writing.
10. Force Majeure
10.1 Roy Media is not liable for any breach of this
contract if the breach was caused by an act of God, insurrection
or civil disorder, war or military operations, national or local
emergency, acts of omissions of government, highway authority or
other competent authority, Roy Media's compliance with any statutory
obligation, industrial disputes of any kind (whether or not involving
Roy Media employees), fire, lightening, explosion, flood, subsidence,
weather of exceptional severity, acts of omission of persons whom
Roy Media is not responsible (including in particular other telecommunication
service providers), or any other cause whether similar or dissimilar
outside Roy Media's reasonable control.
11. Proper Law
This contract is to be treated as made in England
and Wales according to English and Welsh Law and subject to the
jurisdiction of the English and Welsh Courts.
12 Limitation on assignment
12.1 The customer must not assign the benefit of
this contract in whole or in part.
12.2 Roy Media reserve the right to assign the benefit
of this contract by giving prior written notice of any assignment
to the customer.
12.3 Except with the prior written consent of Roy
Media, the service shall not be used by or on behalf of any person
other than the customer or a third party specified on the application
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