Internet Solutions Services Ltd (ISSL)

Terms and Conditions for Internet Solutions Services Limited

Our Commitment To You:

1.1 We will provide you with services you purchase for an on going period commencing on the agreed commencement date. i.e. the date from which the product and or service is completed or installed.  This agreement is then deemed as a continually renewed agreement subject to clauses in this agreement or until given notice by the company.  Your continual use of any service and/or product shall be deemed as acceptance by you of the renewal of contract, all terms and conditions and all of payments liable.

1.2  We will provide services and /or products with this section 1 with all due care and skill.

1.3  We will provide support, which will be given by email to support@issl.co.uk, fax, by postal mail, if email is not available then you can call our help desk to use of any service and to the diagnosis and rectification of faults in a service, The support shall be available between the hours of 9am and 5pm on each working day through our ticket system.

1.4  We shall use all reasonable endeavours to respond to you by the end of the next working day.

1.5  We do not warrant or guarantee you uninterrupted or error free service of any technical support as set out in section 1.3 above in circumstances where any fault arises out of the improper use, operator action or neglect of the software or any equipment, modification or merger of the software (other than as permitted in writing by us).  Your failure to implement recommendations or solutions to faults notified to you by us, any repair adjustment or alteration made by any person other than us without our previous consent, or any failure t install promptly and use any replacement software.

Listed Below Services / Products Covered By These Terms and Conditions:

2.1  Annual Hosting, Back Up Service, Banners (animated GIF, Flash, standard), Bespoke Work, Branding, Bridal Hosting, Bridal Online System, CARL Hosting – on own site, Purchase/Renewal of any Domain names as applicable, EAS Online, E-mail Hosting only, Map Search, Monthly Support and Maintenance, Jakx, Portal Feeds, Template Designs, Graphs, Training in Rossendale or on Site, Transfer of Domain Names, Virtual Tours and or Audio tours, Virtual Sales Negotiator, Web Site Hosting and E-mail per Month, Web Site amendments, Creation of New Web Sites, ‘Web Site Maintenance.

Your Obligations To Us:

3.1  Ensure the services are used only on the computer for which the service has been licensed and approved.  The Company reserves the right to establish conformity to this section at any time, giving 48 hours notice to the client.

3.2  Maintain and operate the service and/or product in a proper and prudent manner in accordance with such advice instruction as we may issue from time to time its use only by trained, competent and authorised personnel.

3.3  Not permit any alterations to or in the service, the operating instructions or the manual, save by written consent from us.

3.4  Make available to us without any charge, any information or facilities to enable us to discharge our obligation under agreements including, but not limited to, computer print-outs, photocopies of documents, screenshots, written or verbal reports, provided always that we shall hold as confidential any such information provided by you.

3.5   Be responsible for ensuring that the service is suitable and appropriate for the purpose and use intended.

3.6   Internet access must be provided on all supported computers.

3.7   Licences and media for any commercial applications to be installed must be provided by the customer.

3.8   You must initially email support@issl.co.uk and if email is unavailable call 01706 508075.

3.9  Methods of requesting service other than listed in 3.17 (such as emailing consultants personal email address) will result in delays.

How Can This Agreement Be Terminated:

4.1  The minimum term of this agreement is twelve months from the effective date of this agreement.  If you terminate this agreement before the expiration of the minimum twelve month period, you agree to pay such pro-rata amount of the fees which are appropriate to the unexpired period of the minimum term of this agreement.  After the minimum term has expired, you may terminate this agreement by giving us three months written notice, during which time, your monthly fees will continue apply and are due for payment.

4.2  We may terminate the agreement at any time giving you 7 days notice.

4.3  You agree that we shall be entitled to terminate this agreement immediately and without refund if:

a)   You commit a material or persistent breach of your obligation under this agreement and in circumstances where such a breach is capable of rectification; the same is not rectified within fourteen days following written notification or the breach by us.

b)  You fail to pay any amount you owe us within seven days of the due date whether under this agreement or any contract with us.

c)  We are notified that your agreement has ended for any reason or where you are in default of any payment obligation under the terms of your agreement.

d)  If your account and /or invoices are approaching two or three months in arrears we reserve the right to suspend, withdraw any service and/or product we are supplying to you.  If the account is paid in full, but then falls in to a months arrears we reserve the right to suspend, withdraw any service and /or product.

e)  You are unable to pay you’re your debt (within the means of section 123 of the insolvency Act 1986) or become insolvent or an order is made against you for liquidation or winding-up or dissolution or bankruptcy.

4.4 Termination shall be without prejudice to any rights or claim we may have against you at the time of, or subject to, such termination and other that pursuant to section 4.2 no refund of any Set Up Fee in full or in part shall be made to you.

Our Liability To You Under This Agreement:

5.1 Except as provided in section 1 above, or as expressed by statute to be incapable of exclusion or limitation, no other representations, warranties, conditions or guarantees, express or implied, including  but not limited d to implied warranties of fitness for purpose and satisfactory quality are made in respect of this agreement.

5.2  We shall not be liable for any indirect, consequential, incidental or special damage or loss of any kind nor for any business lost or interruption nor for loss of data, use, business, savings or suffering arising in any manner out of or in connection with this agreement or the use of the service or the support or maintenance of the same through any means deemed appropriate or necessary by us at any time, including the use any method of remote access or connection to your equipment.

5.3  If any exclusion or disclaimer contained in this agreement is held t be invalid for any reason, such conditions will not impeach the validity of any other part of the agreement.

5.4  ISSL shall have no obligation whatsoever to provide services: regarding incidents caused by:

a)        Clients own modifications to software or hardware.

b)        Merger (in whole or in part) of software with any other software

c)        Use software or hardware in a manner or form other than defined and described.

5.5  You acknowledge that ISSL may establish general practices and limits concerning use of the services, including with out limitation the maximum number of days that email messages or other uploaded content will be retained by the services, the maximum number of email messages that may be sent from or received by an account on the services, the maximum size of any email message that may be sent from or received by an account on the services, the maximum disk space that will be allotted on ISSL’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time.  You agree that ISSL has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the services.  You acknowledge that ISSL reserves the right to log off accounts that are inactive for an extended period of time.  You further acknowledge that ISSL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Replacement Services:

6.1   We reserve the right to issue replacement software on computer disc, compact disc or electronically via web page down load or e-mail.

6.2   The copyright, design rights and any other intellectual property rights in the source and object codes of the replacement software rest exclusively with us.

6.3  Replacement software or any software provided by us is not liable to be copied or retained by the customer in any form other than in that for and in such status as has been originally agreed and provided.

General:

7.1  This agreement is personal to you or the company and may not be assigned, sub-contracted, licensed or otherwise dealt with or disposed of (whether in whole or in part) without prior written consent.

7.2  This agreement constitutes the entire agreement between us relating to the service and supersedes all other agreements and any other literature.

7.3  The benefit of this agreement and any authority created by this agreement and any debt or income created by this agreement is capable of transfer or disposal by ISSL to any third party in whole or in part.

7.4  ISSL and/or its’ successors and assignees are irrevocably authorised as agent for the client to complete Payment Method, Bankers Order as a bankers order mandate and are able to present that order for payment to the clients bank and in addition to complete all payment frequency account and payee details and any relevant information.  ISSL may only use this clause to secure payment of monies already due or monies that may become due under this agreement.

7.5  In the event of any cheque(s) or other payment being returned unpaid, the company reserves the right to levy a £35.00 administration charge per cheque or other payment, per representation.