Introduction: Use of Terms and Conditions

The following are the legal terms and conditions of an agreement between you and Hosting Systems Ltd. The Service Contract (defined below), these Terms and Conditions and the Acceptable Use Policies (defined below) constitute and set out the entire agreement (“the Contract”) between the Client (defined below) and Hosting Systems Ltd. (defined below) relating to the subject matter in the Contract. If there is any inconsistency between these documents they shall take precedence in that priority order. The Contract supersedes and replaces all prior communications, drafts, contracts, representations, warranties, undertakings and agreements of whatever nature whether oral or written, between the parties to the Contract. Use of Hosting Systems services by the Client implies agreement with these Terms and Conditions and therefore these Terms and Conditions apply even in the absence of a signed Service Order or Service Contract.

1.1.1 The client acknowledges that there are no cancellations once an order has been received and accepted by Hosting Systems.

1.1.2 The full cost of any additional work that has been specifically incurred for the Service by the time of cancellation will be recovered in addition to the cancellation charge. In the event Hosting Systems fails to meet the Service Commencement Date and the Client decides to cancel the Service, a charge will not be raised. Hosting Systems will use all reasonable endeavours to install the Service in accordance with the Installation Date but any such date is provisional and maybe subject to alteration. If the Client requests amendments to the Service Commencement Date and subsequently cancels the Service, the cancellation charge will be amended so as to cover the full extent of Hosting Systems’ losses.

1.1.3 Further miscellaneous Charges may be applied in connection with the provision of the Service and/or repair of the Client’s data paths as follows:

1.1.3.1 where an internal shift of the Clients line is required, a charge will be imposed; or

1.1.3.2 where an external shift of the Client’s line is requested, this will be charged as a new connection; or

1.1.3.3 a visit charge applies where Hosting Systems or Hosting Systems’ sub-contractor visits the Client’s premises during normal working hours in connection with the Service, and a charge for the particular product or service has not been included in the price of the Service. If more than one visit is required, a single charge is made for each person visiting on each occasion; or

1.1.4 The Client acknowledges that the provision of ADSL services per this Service Order is for a minimum period one-year and the Client further confirms that other aspects of Hosting Systems’ provision (such as but not limited to hosting etc.) are as per the terms and conditions (published on Hosting Systems Website) and that the Client shall pay all charges, the VAT, and any additional taxes as set out on the Service Order / Invoice and agrees to all guidelines of payment as set out in Clause 1.3.

1.1.5 The Client acknowledges that all quotes provided by Hosting Systems are subject to available capacity as defined by Hosting Systems’ chosen supplier and that an additional fee may be levied to the customer based on additional capacity upgrades that may be required.

1.1.6 The Client acknowledges that any move between premises will need to be notified to Hosting Systems and the Client acknowledges that, given the nature of broadband connections, a simple swap from one premises to another without down time or additional cost is not possible and that the current connection may need to be ceased and that a new connection at the new premises may be needed on a new 12 month contract.

1.1.7 Where order details received from the Client are illegible, materially incomplete, or incorrect, Hosting Systems reserves the right to charge the Client an administration charge.

1.1.8 A ‘Breaking through walls’ Charge will apply for the provision of broadband services access links for each of the broadband products. Hosting Systems may re-wire or disconnect incorrectly wired connections without liability on its part. (The following are not suitable for ADSL: ISDN, PBX lines, RedCare, BT Video Stream, BT DataStream, PCM facilities, coin box operation). The Client acknowledges that ADSL may impact other services terminating on the line such as security systems terminating on the line such as security systems. These services should be tested once the installation is complete. Such Charges will be notified to the Client in advance if applicable.

1.1.9 The Client acknowledges that additional duct charges may apply for the provision of broadband services access link for EACH of the broadband products and that the Client will be advised by Hosting Systems of these charges on a case by case basis.

1.1.10 The Client understands that the Service comprises a telecommunication service to access the Internet and such other Services as the Client has ordered in the Service Order. Maximum ‘burst’ rates for the Service will be provided upon request. The Client acknowledges that the burst rates for the Service may be reduced by contention at peak usage times within Hosting Systems’ System.

1.1.11 Hosting Systems will only be able to provide the Service where the Client’s existing telecommunications supplier and/or Hosting Systems’ partners support it (including for the purposes of this Agreement an obligation that the Client has and maintains a contract for the use of a BT provided an analogue direct exchange line which terminates on a master network forming part of the BT network). The Client further acknowledges that the installation of the Service may cause some disruption to the Client’s telecommunication services.

1.1.12 The Service is provided for the Client’s use only and the Client undertakes not to resell, hire, lease or allow use of the Service by any third party without the prior written consent of Hosting Systems and:

1.1.12.1 the Client shall use the Service for lawful purposes only in compliance with all current and future statutes in force from time to time; and

1.1.12.2 the Client agrees not use the Service: (i) to send or receive materials or data which is in violation of any law or regulation or which is defamatory, offensive, abusive, indecent, obscene or in breach of confidence, privacy, trade secrets or in breach of any third party Intellectual property rights (including copyright) or in breach of any other rights; (ii) in a manner which constitutes a violation or infringement of the rights of any person or a violation or infringement of any statutory duty or obligation in contract tort or otherwise, to any third person; (iii) in breach of instructions that Hosting Systems have provided to the Client in respect of the use of the Service; or (iv) other than in conformance with Hosting Systems’ standard acceptable use policies and the Internet Protocols as published from time to time; and

1.1.12.3 the Client acknowledges that Hosting Systems may be required by current or future law or regulation to access, store and/or take copies of the Client’s data stored on or transmitted by the Service. Hosting Systems reserves the right to terminate the Service with immediate effect and without further obligation or liability to the Client as required by any law enforcement organisation or by the Courts; and

1.1.12.4 the Client agrees that he will not use a Name so as to infringe the rights of any other person or company under statute or common law in a corresponding trademark or name. The Client also agrees to comply with the terms and conditions of any third party through which Hosting Systems has supplied the Name to the Client; and

1.1.12.5 The Client acknowledges that Hosting Systems will be in no way liable for any dial-up charges incurred by the Client in the event the Client’s primary or back-up connectivity devices are used and the Client further acknowledges that Hosting Systems is not responsible for informing the Client of such outages if they are unknown to Hosting Systems management and/or systems; and

1.1.12.6 the bandwidth used for traffic to and from the web site is exceeded beyond Hosting Systems’ considered acceptable use and is deemed by Hosting Systems to affect the performance of other Clients' Business Websites. Notwithstanding any other remedies it may have under these Terms and Conditions or in law, Hosting Systems, in the event that the acceptable bandwidth is exceeded, may elect to charge the Client an additional monthly fee as set out in the Hosting Systems Price List; and

1.1.12.7 any breach of these terms and conditions by the Client will entitle Hosting Systems to disconnect or terminate the Service without notice with immediate effect, and Hosting Systems may restore the Service if the Client gives an acceptable assurance that there will be no further contravention.

Section 2. Pay As You Go

2.1 You can only use this service if;

2.1.1 You have a valid contract for analogue telephone services with a reputable telephone service provider; and

2.1.2 You have a PC with Internet Explorer 5.0 or above and

2.1.2 You have a PC with a modem attached.

2.2 For supply of email;

2.2.1 You must ensure that the information that you give to us during registration is true, correct and complete. If there are any changes to your registration details you must inform us immediately either by calling the Customer Support Number or by sending us an e-mail addressed to info@helpaschool.co.uk.

2.3. Charges

2.3.1 Pay As You Go is billed to you as an 0845 local call by your telephone service provider (call rates may vary depending on your telephone service provider). You will not be required to pay Hosting Systems Ltd directly for Internet access using Pay As You Go. Hosting Systems Ltd receives a fraction of the cost of the local call paid to Hosting Systems Ltd via your telephone service provider.

2.3.2 We reserve the right to vary the charges and to introduce new payment methods at any time by writing or sending an email to you notifying you of the changes.

2.4. Your use of the services

2.4.1 If you use the Services for business purposes you agree that you do so without any conditions, guarantees, warranties, whether express or implied including but not limited to any warranties or conditions as to satisfactory quality or fitness for a particular purpose, which are expressly excluded to the maximum extent permitted by law. You will not hold us responsible for any loss of profit, business, opportunity, goodwill, reputation, revenue or savings you expect to make, wasted expenditure or data being lost or corrupted. Nor will you hold us liable for damages which may or may not have been foreseeable at the time you entered the contract.

2.4.2 You shall comply with any policies or guidelines we publish governing how you are allowed to make use of the Services ("Acceptable Use Policy").

2.4.3 You shall not use, and shall take all reasonable steps to ensure that no other person uses, the Services:

2.4.3.1 in a way that does not comply with the terms of any laws or any licence applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

2.4.3.2 to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights;

2.4.3.3 to spam or send or procure the sending of any unsolicited advertising or promotional material;

2.4.3.4 to cause annoyance, inconvenience or needless anxiety;

2.4.3.5 to send or upload any material that contains viruses, Trojan horses, worms, time bombs or any other harmful programs;

2.4.3.6 in a way that does not comply with any instructions that we or our agents have given to you (including instructions that we or our agents believe are necessary for health or safety reasons or to maintain the quality of the Services);

2.4.3.7 to provide bureau services, or resell the Services, to any person.

2.4.4 If you have not followed the above guidelines or Acceptable Use Policy, you agree to indemnify us and/or our agents against any costs or losses we and/or our agents may incur as a result of any claims or legal proceedings that are brought or threatened against us and/or our agents by anyone else.

2.5. Limitations on the services

2.5.1 You should note that various elements of the Services are not provided by us but instead by other companies. We are therefore unable to guarantee that such products and services or any websites accessible via the Services are virus or error free. You should check all emails, attachments or files before downloading them.

2.5.2 We take reasonable steps to safeguard the security of any information you input or send to us in connection with the Services by using secure servers and encryption technology, however, we accept no responsibility for any damage that you may suffer as a result of the loss of confidentiality of such information.

2.5.3 You acknowledge that licensed telephone operators provide the telephone networks which are utilised by us and therefore we cannot guarantee that the Services will be uninterrupted or error free. Similarly, we cannot guarantee that the transmission of information over the Internet will be secure or that you will be able to access the Internet at all times or at the speeds that we have indicated are available.

2.5.4 We may provide you with email facilities, web hosting and other services that involve us providing storage space on our computers. In order to manage our computers and services we may restrict the amount of storage space provided. Limits may be by reference to the physical amount of web space made available to you, the number of e-mail messages held, the size of any attachments sent or any other method we may specify. We reserve the right to vary these limits from time to time and we will keep you informed by e-mail of any changes. We also reserve the right to refuse to accept material and/or to delete material, which exceeds the relevant limit.

2.5.6 The Services and associated software are provided to you for your use only and you must not resell, transfer, assign or sub-licence them or any part of them to any other person.