1. 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, WWW;

"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 order;

"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 of information;

"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 and Wales.

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 the customer.

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 or unreasonable.

6 Indemnity

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.

7 Charges

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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 9.

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 form.

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