General Terms and Conditions of Trading for Internet Services

These Terms and Conditions must be read in conjunction with our Acceptable Use Policy (AUP), which may be subject to change from time to time. It is the subscribers' responsibility to ensure that they comply with the latest edition of the AUP in force at any given time

1. Service Charges and Payment
   
1. Customer agrees to pay Interdart Limited ("Interdart") charges, as specified within the Service description within the Customers Order. Interdart reserves the right to modify its charges for the Service at any time. Revised prices will be effective from the next invoice date or the invoice following expiry of miniumum  service period.
2. Service charges will be invoiced monthly, quarterly or annually in advance as appropriate. Invoices must be settled prior to the service renewal date. For business customers on monthly payment terms payment must be received by Interdart within 30 days after the date of the invoice. Interdart may charge daily interest on outstanding amounts until payment in full is received at a rate equal to 4 per cent per annum above the Lloyds Bank plc Base Lending Rate as current from time to time.
3. Where payment for services is overdue, Interdart may immediately suspend the services until outstanding fees have been settled. In addition, Interdart reserves the right to suspend other services provided to the Customer until outstanding debts on the account have been cleared.
4. Interdart reserves the right to charge reinstatement fees to the customer where payment is received after a service has been suspended by Interdart or by a third party supplier (e.g. Domain Name Registrar).
5. The Customer agrees to register their postal address, telephone contact number and email address with Interdart and agrees that invoices may be sent by post, fax or email at the discretion of Interdart. Interdart agrees not to disclose this information to any third party other than for the purpose of account and service management or under instruction from British law enforcement agencies.
6. All sums due to Interdart under any Order are exclusive of Value Added Tax ("VAT"), and any other use or sales taxes, duties, or levies imposed by any authority, government, or government agency which may apply or be introduced from time to time which shall be charged thereon in accordance with the relevant regulations in force at the time of providing the Service and shall be paid by the Customer.
   
2. Cancellation and Refunds
   
1. Interdart reserves the right to cease a service at any time after completion of the minimum contract term. Where the service is ceased by Interdart, the Customer will be entitled to a pro-rata refund of any pre-paid amount for a service period following the service cease date.
2. Customers may cancel a service at any time after the minumum contract term. Notice of cancellation may be sent by post, fax or email to the contact address shown on the Interdart web site, www.interdart.co.uk.
   
3. Duties and Responsibilities
1. Customer agrees to pay in accordance with Interdart's then current rates for maintenance and other service activities relating to the Service, if any, in accordance with Interdart's then current rates and to pay for loss or damage to equipment used in providing the Service due to Customer's actions.
2. Service will be furnished to the Customer subject to the condition that they will not, nor will they permit others to use the Service for unlawful purposes or any purpose for which the Service was not designed including unauthorised use, obtaining or attempting to obtain service by rearranging, tampering with or making connection with any facilities of Interdart or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever.
3. The Customer shall ensure that all usernames and passwords used in conjunction with any Interdart service or account shall not be disclosed to unauthorised individuals and shall accept responsibility for the use of same in managing or using the related services or accounts. Should the Customer suspect that any username and password has been compromised, lost or accidentally disclosed the customer shall contact Interdart at the address shown on the Interdart web site, www.interdart.co.uk. Interdart will then take suitable action to change or disable the relevant passwords.
4. The Customer shall indemnify and save Interdart harmless from and against all loss, liability, damage and expense, including reasonable counsel fees, caused by the negligent acts or omissions of the Customer or the Customer's user which result in claims for damage to property and/or injury or death to persons, claims for libel, slander, invasion of privacy or infringement of copyright, or any actions bought pursuant to the provisions of the Data Protection Act, including any amendment, replacement, or re-enactment thereof for the time being in force, and invasion and/or alteration of private records or data arising from any information, data or message transmitted by Customer or its users, and claims for infringement of patents arising from the use of apparatus and systems of the Customer in connection with the Service furnished by Interdart.
5. The Customer will be responsible for ensuring that they have all the necessary intellectual property rights on a world wide basis in respect of the content of their web sites, intranets or other services that provide storage or transmission of the content.
6. Customer will be responsible for the content of any transmission over the Service and the connection of any non Interdart equipment to the Service.
7. Customer shall use its best endeavours to protect and keep confidential all Interdart software used by it and shall make no attempt to examine, copy, alter, "reverse engineer", tamper with, or otherwise misuse such software.
8. Customer shall comply at all times with all relevant statutory and licensing obligations in connection with accessing the Service.
9. The Customer will use the Service in a manner which complies with our Acceptable Use Policy. Detail may be found at www.interdart.co.uk/ausep.html.
10. Customer's right to use the Service are personal to the Customer and its authorised users, non-exclusive and non-transferable.
11. Customer agrees to provide if required at their premises a suitable environment for any equipment necessary to provide the Service. Customer agrees to permit reasonable access to Interdart employees, agents or contractors onto its premises whenever necessary for purposes of installation or repair of Interdart supplied equipment necessary to promote the Service.
12. Interdart shall be responsible for:

1. installation of all Interdart supplied equipment necessary to provide Service,

2. all cabling for the connection of Interdart supplied equipment to the Service.

Title to any leased Interdart equipment installed at the Customer's site, hereunder shall at all times remain with Interdart.
Interdart will maintain the Service and provide the Customer and its authorised users of the Service such training, instructional material and other support service as deemed appropriate at Interdart's then current prices for such support services.

1. Warranties

   1. Interdart warrants the Service provided will substantially conform to Interdart's current Service specifications as described on the Interdart web site www.interdart.co.uk or in a separate Service agreement. Interdart's sole liability for any damages due to any defect or non-performance of the Service is limited to those actually proven as directly attributable to Interdart, limited to the monthly charges paid for the Service from the date said damages were incurred, but in no event more than three months of charges, subject to a ceiling of 10,000 pounds in the aggregate under this Agreement.

   2. Interdart will not be responsible for any delay in or failure of the Service due to force majeure nor to any occurrence beyond Interdart's control.

   3. Interdart will not be liable for incidental, special or consequential damages. Interdart makes no warranty, express or implied, relating to the fitness for purpose of the Service or of merchantability.

2. Term and Termination
1. Either Party can terminate this Agreement in writing within the contract period once the minimum contract period has been completed. The minimum contract period is dictated by the billing period unless stated otherwise in the relevant Service Agreement.
2. Interdart shall not be required to give notice of beginning of its performance hereunder. Interdart reserves the right to suspend or disconnect the Service if the Customer does not fulfill its obligations under this Agreement or fails to adhere to the Acceptable Use Policy or if notice is given by any third party of any breach of this Agreement or the Acceptable Use Policy.
3. In the event of default which include failure by the Customer to pay any amounts; or failure by either Party to cure any breach of a term or condition in this Agreement within 10 days after written notice; or if an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented, or a bankruptcy order is made by either Party, or a voluntary arrangement is approved or an administration order is made, or a receiver or administrative receiver is appointed of any of either Party's assets or undertaking or a resolution or petition to wind up either Party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation); or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order, the other party shall be entitled to terminate this Agreement without further liability, except that the Customer agrees to pay for all sums due up to the time of such termination.
3. General
1. All notices from either party to the other shall be sent by first class prepaid post.
2. This Agreement may not be assigned, delegated, transferred or otherwise dealt with, without the prior written consent of Interdart. The Customer authorises Interdart to assign or transfer this Agreement, including any and all billing and Service provisioning activities, to any third party, or for Service to be provided outside the UK as necessary to enable Interdart to provide the Service.
3. No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen.
4. This Agreement may not be waived, altered, or modified, except in writing signed by authorised representatives of Interdart and the Customer. No agent, employee or representative of Interdart or the Customer has any authority to bind Interdart or the Customer to any affirmation, representation or warranty unless such is specifically included in this written Agreement.
5. The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
6. This Agreement shall be governed by and construed and interpreted in accordance with English law, and the parties submit to the jurisdiction of the English Courts. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable the validity, legality and enforceability of the remaining provision shall not be in any way affected or impaired thereby.

THE PARTIES FURTHER AGREE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM, AND SUPERSEDES ALL PROPOSALS, ORAL, OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SUBJECT HEREOF. THIS ORDER SHALL CUMULATIVELY CONTAIN THE ENTIRE CONTRACT BETWEEN THE PARTIES.