Terms & Conditions
Netzen Terms & Conditions
These Terms and Conditions must be read in conjunction with our Acceptable Use Policy (AUP). Both these Terms and Conditions and the AUP may be subject to change from time to time. Netzen reserves the right to add to and/or amend these Terms and Conditions or the AUP at anytime. Such additions and/or amendments shall be published on the Netzen website at www.Netzen.net. Additions and/or amendments will be deemed to be accepted by theCustomer if the Customer continues to use the services after a two week period from the date of publication on the website.
PIPEX
Internet Limited trading as Netzen Solutions Ltd (hereinafter referred
to as” Netzen”) specialises in the provision of Value Added Internet
Services through the brands of Netzen. In purchasing services from any,
either or all of these brands, the client is contracting with Netzen.
The Terms and Conditions
described herein are applicable to
all services supplied through Netzen and its subsidiaries.
Netzen has
adopted a philosophy that assumes the honesty and good intent of
Customers. Services are provided in as unrestricted a manner as
possible, to allow Customers to havethe richest Internet experience
possible.
These
Terms and Conditions must be read in conjunction with
our
Acceptable Use Policy (AUP) Both these Terms and
Conditions
and the AUP may be subject to change from time to
time.
Netzen reserves the right to add to and/or amend these
Terms
and Conditions or the AUP at anytime. Such additions
and/or
amendments shall be published on the Netzen website at
www.netzensolutions.com.
Additions and/or amendments will be
deemed to be accepted by
the Customer if the Customer
continues to use the services
after a two week period from the
date of publication on the
website.
1 About Netzen
1.1 Netzen is a Value Added Internet Service Provider. It
provides the Customer with access to the Internet and
hosting services, IP services, messaging and security
services as specified in the Customer’s Order and on the
terms set out below.
1.2 PIPEX Internet is a company registered under the laws of
England and Wales. Its company registration number is
05306519 and its registered office is 1 Triangle Business
Park, Stoke Mandeville, Bucks, HP22 5BL.
1.3 PIPEX Internet is a wholly owned subsidiary of PIPEX
Communications plc.
1.4 PIPEX Internet’s trading address is 1 Triangle Business
Park, Stoke Mandeville, Bucks HP22 5BL. Except for
enquiries relating to technical support, all communications
with Netzen, including any complaints, should be made to
this address, unless made by e-mail to the e-mail address
given in the Contact area of our website at
www.netzensolutions.com.
1.5 Enquiries relating to technical support should be made via
the Contact area of our website www.netzensolutions.com.
2 Service specification
2.1 Netzen shall provide the Service in accordance with the
service description within the Customer’s Order, subject to
the limitations set out in this Agreement and in Netzen’s
AUP and Privacy Policy.
2.2 Service Credits and Service Level Guarantees are only
provided where a separate “Service Level Agreement” has
been entered into and the Terms and Conditions of those
services will be documented there.
2.3 Netzen reserves the right to modify the service description
in order to improve the quality or effectiveness of the
Service without the prior agreement of the Customer.
Netzen will notify the Customer of any changes to be
made at least 30 days in advance.
2.4 Customer acknowledges that the ADSL services provided
by Netzen are contended. In order to ensure the best
possible experience for all our customers, Netzen reserves
the right to manage any traffic routed across the Netzen
ADSL network. Customer acknowledges that Netzen may
manage the traffic of specific users without prior notice.
2.5 Netzen may modify its AUP and Privacy Policy without the
further agreement of the Customer so as to ensure that
they comply with all relevant legislation or regulatory
guidance and/or to bring them into line with common
industry practice.
2.6 Customer acknowledges that, due to the nature of the
bonded broadband service, Netzen cannot guarantee that
this service will continue to perform in line with the service
description.
3 Service Charges and Payment
3.1 Customer agrees to pay Netzen charges, as specified
within the service description within the Customer’s Order.
3.2 Netzen reserves the right to modify its charges (including
its charges for maintenance and support services and for
training and instructional materials) for the Service upon 30
days written notice, or the termination period of the relevant
Service Agreement, whichever is the greater.
3.3 For our Pay As You Go services, our usage statistics, as
expressed on the Control panel are the full and final
statement for billing purposes.
3.4 Chargeable calls incurred through Netzen’s voice services
are billed to the nearest penny, rounded up or down as
applicable. In addition, Netzen’s HomeTalk and OfficeTalk
services are subject to rounding up to the next whole
minute per chargeable call and to a call set up fee per
chargeable call.
3.5 Service charges will be invoiced in advance monthly,
quarterly or annually, as specified in the service description
within the Customer’s Order. If on account terms, payment
must be received by Netzen within 30 days after the date
of the invoice. Netzen 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 Barclays
Bank plc Base Lending Rate as current from time to time.
If on pay in advance terms, payment must be received by
Netzen by the due date agreed and subsequently by the
due date of any service renewal.
3.6 All sums due to Netzen 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.
3.7 Netzen reserves the right to dictate the payment method
associated with each Service
4 Duties and Responsibilities
4.1 Customer agrees to pay in accordance with Netzen's then
current rates for maintenance and other service activities
relating to the Service.
4.2 Customer agrees to pay for loss or damage to equipment
and software used in providing the Service which is caused
by Customer's negligent acts or omissions.
Netzen Terms and Conditions – Legal Documents
4.3 The service will be furnished to Customer subject to the
condition that it will not, nor will it permit others to use the
Service other than in accordance with Netzen’s AUP
and/or 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 Netzen or by any deception, scheme, false
representation or false credit device, or by or through any
other fraudulent means or devices whatsoever.
4.4 Customer will indemnify and save Netzen harmless from
and against all loss, liability, damage and expense,
including reasonable legal fees, caused by the negligent
acts or omissions of the Customer or other user of
Customer’s service 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
Netzen.
4.5 Customer will be responsible for the content of any
transmission over the Service and the connection of any
non Netzen equipment to the Service.
4.6 Customer shall use its best endeavours to protect and keep
confidential all Netzen software used by it and shall make
no attempt to examine, copy, alter, "reverse engineer",
decompile, discover the source code to, tamper with, or
otherwise misuse such software.
4.7 Customer's right to use the Service is personal to Customer
and its authorised users, non-exclusive and nontransferable.
Customer is not permitted to sell, assign,
sublicense or grant a security interest in or otherwise
transfer any right in Netzen software. This Agreement
does not grant Customer any right to any Netzen software
except the limited right to use set out in this sub clause.
4.8 Customer shall comply at all times with all relevant
statutory and licensing obligations in connection with
accessing and using the Service.
4.9 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 Netzen employees, agents or contractors onto
its premises whenever necessary for purposes of
installation or repair of Netzen supplied equipment
necessary to provide the service.
4.10 Save as indicated below in 4.11 Netzen shall not be
responsible for the installation of equipment necessary to
provide the service or for any cabling.
4.11 Netzen shall be responsible only for the installation of any
equipment purchased from them under a managed service
agreement and will not be responsible for other residential
or business Customer Premise Equipment.
4.12 Netzen will maintain the Service and provide Customer
and its authorised users of the Service such training,
instructional material and other support service as deemed
appropriate at Netzen’s then current prices for such
support services.
4.13 Customer acknowledges that Netzen will use e-mail as the
primary method of contact with the customer. Customers
can check the contact e-mail address by accessing their
account details in the My Controls section of
www.netzensolutions.com the address recorded here will be used by
Netzen to contact customers regarding any and all aspects
of their Netzen account. Customer shall reasonably
monitor the e-mail account it has specified for
communications from Netzen in relation to the Service.
Netzen shall not be held liable for failure to contact the
customer through alternative means.
4.14 For ADSL services the customer shall be responsible for
the provision and maintenance of the PSTN circuit. Netzen
shall not be held liable for any failure of the ADSL service
due to any actions of the customer or a third party which
leads to a disconnection or suspension of the PSTN circuit.
5 Netzen’s right to suspend the Service
5.1 Netzen reserves the right to suspend all or part of the
Service provided to the Customer if it becomes aware of
any actual or potential breach of its AUP by Customer or
other user of the Customer’s Service. If the customer fails
to remedy any breach within 10 days after written notice
then Netzen reserve the right to terminate this agreement
in accordance with the provisions in clause 8.4.
5.2 Netzen reserves the right to suspend all or part of the
Service if the provision of the Service might expose
Netzen to criminal or civil liability of any kind.
5.3 Netzen shall only restore the Service to full operation if, on
the information provided to it in relation to the reason for
the suspension of the Service, it in good faith reasonably
judges that there is no risk of the restoration of the Service
exposing it to criminal or civil liability of any kind and/or its
AUP is fully complied with.
5.4 Netzen reserves the right to suspend all or part of the
service if payment is not received in accordance with the
terms and conditions and such service will only be
resumed, and then entirely at Netzen’s discretion, if all
monies outstanding have been received by Netzen.
Further this clause shall be without prejudice to Netzen’s
right to terminate in any event the agreement in
accordance with clause 8.4
5.5 During any period of suspension the Customer agrees to
continue to pay and to remain liable for all charges
pursuant to these terms and conditions and the Customer’s
Order.
6 Warranties
6.1 Netzen’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 Netzen, 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.
6.2 Netzen will not be responsible for any delay in or failure of
the Service due to any occurrence beyond Netzen’s
control.
6.3 Netzen gives no warranties and accepts no responsibility
in relation to the information of third parties accessed by
Customer by means of the Service.
6.4 Nothing in this Agreement shall be construed as to limit or
exclude either party’s liabilities in respect of death or
personal injuries, or any inalienable statutory consumer
rights of the Customer.
6.5 To the extent that the exclusions and limitations in this
Agreement are in any jurisdiction contrary to any statute or
rule of law, such exclusions and limitations are to that
extent disapplied.
6.6 Netzen WILL NOT BE LIABLE FOR INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES.
6.7 Netzen MAKES NO WARRANTY, EXPRESS OR
IMPLIED, RELATING TO THE FITNESS, PURPOSE OR
QUALITY OF THE SERVICE.
7 Cancellation before commencement
7.1 Once performance of this Agreement has commenced
Customers may terminate this Agreement in accordance
with Clause 8 and subject to the applicable Order
Cancellation Fee. Performance of this agreement is
deemed to have commenced once the Customer has been
advised of an installation/activation date for the services
ordered. Should the Customer wish to terminate this
Agreement following commencement of performance of
this Agreement such termination may be subject to the
following Order Cancellation Fee:-
Order Cancellation Fee – If the Customer terminates the
agreement for the provision of Netzen ADSL and PSTN
Netzen Terms and Conditions – Legal Documents
services five (5) or less days prior to the arranged
installation/activation date the following fees will apply:-
• three to five (3-5) days prior to
installation/activation of services the Order
Cancellation Fee will be £15 + VAT
• two (2) days or less prior to the
installation/activation of services the Order
Cancellation Fee will be £40 + VAT
If the Customer terminates the agreement for the provision
of a Netzen SDSL service five (5) or less days prior to the
arranged installation/activation date the following fees will
apply:-
• four to five (4-5) days prior to
installation/activation of services the Order
Cancellation Fee will be £24 + VAT
• three (3) days or less prior to the
installation/activation of services the Order
Cancellation Fee will be £310 + VAT
7.2 Prior to Netzen commencing performance of this
Agreement, Customer may cancel this Agreement by
informing Netzen of its intention to cancel within 7 days of
the day after it entered into this Agreement with Netzen.
Customer may inform Netzen using any of the methods set
out in Regulation 10 of the Consumer Protection (Distance
Selling) Regulations 2000, but is advised to communicate
either by post or e-mail as set out in Clause 10.1 of this
Agreement.
8 Term and Termination
8.1 Once performance has commenced, this Agreement shall
continue until terminated by either Party.
8.2 Either Party can terminate this Agreement in writing,
subject to the Minimum Contract Period and Notice Period
associated with the service. Furthermore, notice of
Termination is not deemed to have been served unless
receipt of the notice is confirmed by Netzen.
8.3 The minimum Contract Period and notification period are
the periods as specified by Netzen within the Customer
Order. In the absence of this information, the following
Contract Periods and Notice Periods will apply:
Service Contract Period Notice
Period
Fully Managed
Services
12 months 30 days
Leased Line 12 months
60 days
IP Clear 12 months
60 days
SDSL
connection only
12 months 30 days
ADSL
Connection only*
30 days 30 days
DSL Surf Max
HomeTalk
6 Months
30 days
30 days
30 days
OfficeTalk 30 days
30 days
Business Line 12 months 30 days
* excludes DSL Surf Max
8.4 Netzen shall not be required to give notice of the beginning
of its performance hereunder. Netzen reserves the right to
disconnect the Service if Customer does not fulfil its
obligations under this Agreement.
8.5 In the event of default which include failure by 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 both up to
the time of such termination and for all sums due for the
remainder of the minimum contract period.
9 Privacy Policy
9.1 Netzen shall deal with all personal data relating to
Customer which it acquires when entering into and
performing this Agreement in accordance with its Privacy
Policy.
9.2 Netzen complies with the provisions of the Data Protection
Act 1998 and is registered with the Information
Commissioner under registration numbers Z4774119 and
Z5166885.
10 General
10.1 All notices (save where otherwise provided in this
Agreement or in applicable legislation) from either party to
the other shall be sent by first class prepaid post or by email.
Netzen shall send all notices to Customer’s billing
address or to the e-mail account notified to it by Customer.
Customer shall send all notices to Netzen’s address or email
address, as set out in Clause 1 of this Agreement.
10.2 This Agreement may not be assigned, delegated,
transferred or otherwise dealt with, without the prior written
consent of Netzen. Customer authorises Netzen to assign
or transfer this Agreement, including any and all billing and
service provisioning activities, to any third party for Service
to be provided outside the UK as necessary to enable
Netzen to provide the Service.
10.3 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, unless otherwise provided
by legislation.
10.4 Save as otherwise provided for in this Agreement, this
Agreement may not be waived, altered, or modified, except
by document in writing signed by authorised
representatives of Netzen and Customer. No agent,
employee or representative of Netzen or Customer has
any authority to bind Netzen or Customer to any
affirmation, representation or warranty unless such is
specifically included in this written Agreement.
10.5 The section headings in this Agreement are inserted for
convenience only and are not intended to affect the
meaning or interpretation of this Agreement.
10.6 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.
10.7 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 provisions 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.
10.8 We are continually reviewing our Terms and Conditions in
line with the services we provide to our customers. Should
you have any comments to make concerning the contents,
please contact us on support@netzensolutions.com.
