Please read the following
terms and conditions carefully. By registering for and
using the Services You will be bound by these terms
and conditions, which will continue to apply every time
you use the Services.
· "Content" means data, information,
software, photographs, video, graphics, music, sound
and other material appearing on or available through
this website, via email or via a mobile phone;
· "Domain Name" means a name registered
with an Internet registration authority for use as part
of Your URL;
· "Internet" means the global data
network comprising interconnected networks using TCP/IP
Transmission Control Protocol/Internet Protocol including
but without limitation services known as the World Wide
Web;
· "Internet Standards" means the protocols
and standards defined in the following Internet documents:
RFC 1009, 1122, 1123 and 1250 and any future such protocols
and standards as appropriate;
· "URL" means a uniform resource locator,
which is the full address for Your Website;
DEFINITIONS
These terms and conditions of service shall constitute
the whole of the contract between the customer (herein
referred to as the buyer, customer) and tetra
interactive (herein after referred to as Ti)
the service, services, product means the electronic
transmission of information, graphics, sound and any
other form of information transfer through the Ti servers
and lines of telecommunication.
All terms and conditions apply to the sale of internet
services - internet servers, hosting of internet servers,
space on internet servers, hosting of virtual internet
servers, website, domain names, electronic transfer
of information, design, construction and work involved
in the production of such and any other services and
products supplied to the customer and purchased from
Ti.
No terms, conditions or reservations stipulated by the
customer and no course of dealing shall annul, vary
or add to any of these conditions except in so far as
expressly consented to and agreed to in writing by Ti.
SERVICE
1.1 Ti accepts the customer's acknowledgement
of these terms and conditions breach of any of
which may result in termination and or suspension
of the customers rights to use the service.
1.2 All services supplied must be paid for in
full prior to the provision of any service unless
agreed in writing with Ti the price being quoted
as the list price of Ti agreed on it's behalf
at the time of contract or order with the customer.
1.3 All prices quoted verbally or in writing
(prices being the Ti list price at exchange of
contracts) for provision of service are excluding
VAT at the standard rate for the service supplied
and are subject to change without notice.
1.4 Alterations in the standard price of the
service supplied will only be accepted by Ti in
writing on an Ti authorised order form signed
by an agent or employee of Ti.
1.5 No order which has been accepted by Ti and
signed by the customer or his/her representative
may be cancelled by the customer or his/her representative
except with the agreement in writing of Ti within
seven days of signing of order and terms that
the customer will indemnify Ti in full against
any loss, costs (including the costs of goods
ordered for the customer by Ti on behalf of the
customer for the supply of service ordered), damages,
charges and expenses incurred by Ti as a result
of cancellation.
1.6 Ti reserve the right to suspend any/all services
until such time as full payment has been made.
Non-payment of an overdue account may result in
the suspension of all services indefinitely and
credit facilities.
1.7 All services and goods supplied by Ti including
domain names, which may be registered in the actual
name of a third party, remain the property of
Ti until full and final payment has been made
to Ti.
LIMITED LIABILITY
3.1 Any liability arising from, including but
not restricted to damages caused or allegedly
caused by any failure to provide the agreed service,
error, omission, interruption of service and or
delay of transmission of service, loss of electronically
stored information due to theft, fire, destruction
or by means of unauthorised access to electronic
information stored on Ti equipment, shall be restricted
to a maximum of the amount paid by the customer
for the service/s provided by Ti or agent of Ti
minus administration costs. The headings in these
conditions are intended for reference only and
shall not effect their construction.
GENERAL
4.1 Breaching of these terms and conditions in
any form will allow Ti to terminate the contract
between you the customer and the company trading
as Ti, monies outstanding or owed to either parties
will be decided by Ti and our decision in such
matters will be full and final.
4.2 Use of Ti services and goods including domain
names constitutes acceptance of these terms and
conditions.
EXCLUSIONS
5.1 Any loss or damage to any property caused
either directly or indirectly by an attack by
electronic means including computer hacking or
the introduction of any form of computer virus.
5.2 Riot, civil commotion, strikes, acts of God,
acts of terror.
USE OF SERVICE
2.1 Under no circumstances will the storage and
transmission of pornographic materials in any
form what so ever be allowed through or on Ti's
servers and data transmission cables. The term
"pornographic materials" is purely at
the discretion of Ti and our decision in such
matters is full and final.
2.2 The customer accepts sole liability for any
material including but not restricted to, date,
graphic, photo supplied to Ti, which is subject
to copyright or is judged to be of an unlawful
nature or is judged to be in violation of UK or
international law or regulation.
2.3 The customer acknowledges that the service
may only be used for lawful purposes any information
including but not restricted to, graphic, image,
photograph, text in violation of any UK law or
regulation including but not restricted to material
which is obscene, indecent, judged to be unlawful
in the UK and or abroad, threatening, damaging
(to include transfer of computer virus), copyright,
trade secret, is prohibited whether or not the
customer was aware of the content, material and
or the laws pertaining to the material.
2.4 The purpose of the services provided to you
the customer by Ti are for the storage and transmission
of standard web sites, this means that the space
provided on Ti's internet network must not be
used as an FTP area for the transmission of demo
software and other high bandwidth applications,
these applications are at the discretion of Ti
and our decision in such matters is full and final.
If such applications are required on a web site
then it is suggested that these are posted on
dedicated FTP sites which can be reached by appropriate
links on the web sites stored on Ti's internet
network.
2.5 Ti reserves the right to limit the transfer
of data if such transfer of data is deemed to
cause high traffic demands by way of download
of files, whether through the size of file and
or the number of users of a particular service.
The customer acknowledges their obligation to
inform Ti of the exact nature of files by size,
type, content and understand that a surcharge
may be levied for the additional bandwidth required
to accommodate the traffic, the customer has the
right under these conditions to terminate the
service contract and an appropriate refund will
be made which will be a percentage of the initial
invoice minus admin charges.
2.6 The customer acknowledges that they shall
be solely responsible for any violation of UK
law with regard to remote loading of information
of any kind onto the Ti servers/computers, to
view, download to and or by third party, Ti will
retain the right to suspend and or terminate any
remote service which they deem to be in breach
of UK law or is of a nature which may be damaging,
threatening or judged to include but not restricted
to material which is obscene, indecent, libellous,
subject to copyright whether or not the customer
was aware of the content or the laws or regulations
pertaining to both in the UK and internationally.
2.7 The customer acknowledges sole liability
with regard to any claim by third parties alleging
any infringement of rights of any kind due to
transmission of any information to view by the
customer and shall include any infringements of
rights under UK and international law and or regulation
and as such agree to pay to Ti any costs incurred
in the defence by Ti of any action brought against
them by a third party arising from such claims.
2.8 Ti will make every effort to provide an efficient
and constant service, but cannot guarantee that
the service and or connection be maintained at
all times , the customer acknowledges that the
service may be disconnected from time to time
for necessary repair and or servicing and that
the customer will not hold Ti liable for any alleged
loss relating to interruption of service howsoever
arising, Ti will under no circumstances be held
liable for any economic or consequential loss.