Terms of Business
All services and orders in whatever terms are accepted subject to the following terms and conditions which will apply even if we receive an order form with different terms and conditions, unless varied in writing by an authorised representative of POBOX Internet Limited hereinafter referred to as POBOX1. A legal binding contract is made only when we accept your written order or online order by sending or otherwise transmitting to you confirmation. You are not entitled to cancel your order.
2. The customer shall be deemed to have accepted the service on the date they are notified that it is operational, in the case of an online order this is immediate.
3. The customer agrees with POBOX to pay all charges, VAT and any bank charges that may arise when they fall due, and that should payment not be received with in the specified terms that the service will be suspended without further notice.
4. The customer agrees to inform POBOX in writing of any reason for non-payment within 7 days of the receipt of the invoice.
5. POBOX agrees to respond to the customer’s reason for non-payment in writing within 14 days of receipt.
6. POBOX warrants to the customer that it will provide all services ordered with reasonable care and skill but POBOX does not warrant or undertake this will cause the services to operate without fault or interruption.
7. POBOX can never guarantee a product or service provided by a third party for and on behalf of a customer, however will endeavour to act in the best interest of the customer.
8. POBOX shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by the customer.
Acceptable user policy (AUP)9. The customer warrants and undertakes that it shall in its use of the services comply with PO Box’s acceptable usage policy, any relevant legislative and regulatory provisions and shall not use the services for any illegal purpose and shall indemnify POBOX in respect of any liability incurred as a result of a breach of this clause.
10. On occasion we may choose to tell you about new features to be added. No guarantee can be made for the provision of these services, nor their merchantability or fitness for purpose, therefore refunds cannot be offered for services that are not launched, or if any part of the service is withdrawn for technical, legal or ethical reasons.
11. POBOX makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the POBOX service.
12. We do not guarantee that the service (including web hosting and email) will be free from interruptions or that the service will be free from errors. We may also have to suspend the service from time to time to carry out maintenance and to make upgrades to it. If we have to suspend the service we will try to give you as much notice in advance as possible on our site and through mailing lists.
13. POBOX reserve the right to remove or suspend activities that are in breach of our AUP
14. POBOX reserves the right to remove any software, information or other material that contains a harmful virus, ‘Trojan Horse’, corrupt data or any other harmful or damaging components.
Web Hosting and Email15. POBOX websites packages have bandwidth limits on transfers per calendar month; bandwidth usage over and above this allocation will be charged at £5 per additional gig transferred. This charge is normally levied at the end of each calendar month, if payment is not made immediately on request we reserve the right to disable your web site. In exceptional circumstances we may seek to be re-imbursed for bandwidth usage prior to the end of a calendar month, again if payment is not made on request we reserve the right to disable your web site.
16. For customers who have taken advantage of FREE .uk domain registration the following special conditions apply
a. The FREE registration of a domain is included in the price, the payment is NOT for the registration of that Domain Name as this is FREE (subject to conditions contained herein). Payment is for access to member services.
b. IN THE EVENT THAT YOU WISH TO REMOVE THE DOMAIN TO ANOTHER SERVICE PROVIDER YOU AGREE TO US CHARGING YOU AN ADMINISTRATION FEE, CURRENTLY £10.00 (+ VAT AT THE PREVAILING RATE), TO EFFECT THE TRANSFER. YOU AGREE THAT THIS FEE WILL BE DEEMED OWING ONCE WE HAVE RECEIVED THE TRANSFER REQUEST AND YOU ALSO AGREE THAT THE TRANSFER CANNOT HAPPEN UNTIL THIS AND ANY OTHER AMOUNTS OWING IN CONJUNCTION WITH THIS ACCOUNT ARE PAID IN FULL.
c. For the purposes of administration of the domain name you agree to appoint us as your representative to complete the formalities with Nominet UK and to deal with Nominet UK on your behalf for the duration of our agreement; accordingly all your dealings with Nominet UK must be through us. When we register your domain name a record of ownership will be available to the public on the register maintained by Nominet UK. You must not intentionally ask us to register a domain name that infringes the rights of any other person and there can be no guarantee that your choice of domain name will be available. When the domain name is registered in your name you will also be subject to the terms and conditions of Nominet UK which are available for inspection at http://www.nominet.org.uk/nominet-terms.
d. The domain name remains free only if you remain a user of our service. In the event that you are not still a user of our service on the second anniversary of the domain name being registered, Nominet UK may invoice you for the applicable renewal fee at the appropriate rate. In registering a domain name you are giving us full agent authority to act on your behalf, with regards to transferring and or deleting the domain name.
e. We may terminate your account without notice, if you breach the Terms and Conditions of Nominet UK, the UK domain registrars.
f. You agree to be bound by the Nominet UK Dispute Resolution service in the event that any other party claims to be entitled to the domain name you have registered.
g. POBOX is NOT responsible for the payment of renewals fees on domains that are not registered through Nominet Uk
Dialup Services17. For customers who have subscribed to our unmetered Internet Dialup Services the following special conditions apply.
h. Connection to the service will only be possible when using a BT Telephone Line with CLI (calling line identification) enabled (you may not connect to the service if you withhold your telephone number).
i. You must not attempt to make MPPP or other such bonded connections to our service (this is considered to be more than one simultaneous connection), unless you have subscribed to such a service with POBOX
j. You are limited to using the service for the maximum hours detailed in your account. we reserve the right to temporarily disconnect you from service if you abuse this clause.
k. Unmetered Dialup services are not intended to be permanent connections; therefore, you must not leave your connection to the internet idle or use a connection of any means that makes automatic unattended connections to the Internet.
l. We reserve the right to temporarily disconnect you from the service if your connection is either idle for the agreed length of time in your package.
General18. In no event will POBOX or its network service suppliers be liable for any damages, including but not limited to loss of data, loss of revenue or profits, or for any other special, incremental, indirect or consequential damages, arising out of or in connection with the use of or inability to use services or products provided hereunder.
19. POBOX and its network service suppliers disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. Neither POBOX nor its network service suppliers will be liable for unauthorised access to or alteration, theft or destruction of end users data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of POBOX or its network service supplier’s negligence.
20. The customer shall indemnify POBOX and shall hold PO Box harmless against any and all losses, damages, costs and expenses arising from or in connection with any claims or proceedings bought by third parties against PO Box in respect of or arising directly or indirectly from resale of services.
21. Any notice required or authorized to be given may be delivered by post to the address stated for that party and shall be deemed to have been served 72 hours after posting.
22. In the case of any customer, which is an individual about whom PO Box processes personal data (as defined by the Data Protection Act), PO Box may use such data to provide the customer with details of other PO Box products which may be of interest to the customer.
23. In the event of dispute between parties concerning this agreement each of the parties shall in the first instance, bring the dispute at the earliest opportunity to the attention of a Director or similar officer.
24. All contracts are governed by and constructed in accordance with English Law and the parties irrevocably agree to the exclusive jurisdiction of the English courts.