Legal

Email Disclaimer

[ADDED 08/02/2010] If you have received any electronic communication from AsOne Design Limited (hereafter AsOne) the communication and any files attached to it or linked from it are covered by the following Terms & Conditions, Disclaimer and/or Privacy Policy. The information below relates to any electronic communication in which the link www.asone.co.uk/legal appears:

[ADDED 08/02/2010] Non-Disclosure & Privacy policy
If you are not the intended recipient or named addressee you are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. All information we hold is held in the strictest confidence and will never be intentionally sent to another party. In the event an electronic communication is sent to an incorrect recipient AsOne will not accept liability for breach of any non-disclosure agreement unless such agreement specifically prohibits electronic communication of any kind in relation to the subject of the non-disclosure agreement. Should the issuer of any non-disclosure agreement send electronic communication to AsOne any clause or agreement preventing communication by electronic means will be deemed to be null and void.

[ADDED 08/02/2010] Intellectual Property Rights
All intellectual property rights including, but not limited to; concepts, proposals, layouts, designs, style, typography, colour schemes & flowcharts, are reserved and remain the property of or return to AsOne while any past, present or future invoices are outstanding and/or full and final payment has been received. If a project is yet to be commissioned or a purchase order has not been received by AsOne, all intellectual property rights remain the sole property of AsOne Design Limited.

[ADDED 08/02/2010] Title of Ownership
Title of ownership of, but not limited to; concepts, proposals, layouts, designs style, typography, colour schemes, flowcharts, websites, online applications, digital media, print materials remain/return to AsOne while any past, present or future invoices are outstanding and full and final payment has been received. If a project is yet to be commissioned or a purchase order has not been received by AsOne, title of ownership remains the sole property of AsOne Design Limited.

[ADDED 08/02/2010] Disclaimer
Any suggestion, allusion, reference, mention, promise, guarantee or indication relating to price, cost, quotation, estimate or timescale contained in any electronic communication or in any attachment is not binding or guaranteed unless supplied signed by a director of AsOne Design Limited and in a printed written document by traceable registered post. The author of the electronic communication does not make any representation or warranty, expressed or implied, as to the informations accuracy or completeness. The views and opinions expressed in any electronic communication are those of the author and do not necessarily reflect the views of AsOne, its affiliates, or its employees.

[ADDED 08/02/2010] Viruses
While every effort is made to scan for and remove viruses from all incoming and outgoing electronic communications care should be taken opening any eMail or attachment. AsOne recommends that all recipients have up-to -date anti-virus software installed and correctly configured on their computer.

[ADDED 08/02/2010] Liability
AsOne accept no liability for any damage or loss of earnings howsoever caused by receiving an electronic communication with or without attachments whether the communication was requested or not.

[ADDED 08/02/2010] Changes to These Statements
Changes to these statements will occur from time to time. Amendments will be included in relevant sections and dated. Any emails sent on or after the date shown in the amendment are subject to the updates made to any terms and disclaimers.

Written Details
A printed copy of these terms & conditions, disclaimers and privacy policies are available upon request. Send an stamped, self-addressed envelope (S.A.E.) to:

eMail Disclaimer Request,

Unit G3.2
Waulk Mill
51 Bengal Street
Manchester
M4 6LN

Data Protection Statement

The information you supply will be used by AsOne for administrative purposes within the terms of the Data Protection Act 1998. We shall not supply it to third parties.

The aim of this page is to explain how AsOne fulfils its obligations under the Data Protection Act 1988. It explains how you can access information we hold, including your personal data and the standards we adhere to with regard to that information. It also explains what you can do if you think we have not complied with your rights under the legislation.

Access to the information we hold.
You can make a request by writing to us (by recorded delivery only) at:

AsOne Design Limited
Unit G3.2
Waulk Mill
51 Bengal Street
Manchester
M4 6LN

What we need from you
Be specific about what you are requesting. Make sure that you provide us with a focused request giving, where appropriate, a relevant timeframe. For example, 2008/09, January to April 2010, or any reference number you may have. Please let us know how you would like the information to be provided to you e.g. by post or email. You will also need to pay a fee of ??10 for the service before any request will be actioned. Payments should be made by cheque made payable to AsOne Design Limited and enclosed with your request.

What you should expect from us
We aim to acknowledge your request, or ask for more information to clarify your request, within 40 days of receiving it or sooner if an applicable statutory timeframe is applicable. We will then supply any relevant information covered by the data protection act within 10 working days from the date we clarify the details of your request. If you require your data in a printed form an extra charge will be made to post any items that are larger than the Post Offices Large letter format at the currant rate.

Privacy Policy

What information do we collect?

We collect information from you when you place an order, subscribe to our newsletter or fill out a form.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.

Google, as a third party vendor, uses cookies to serve ads on your site. Googles use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy..

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

; To personalise your experience
(your information helps us to better respond to your individual needs)

; To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)

; To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)

; To process transactions

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

; To administer a contest, promotion, survey or other site feature

; To send periodic emails

The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorised with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.asone.co.uk/legal

Your Consent

By using our site, you consent to our privacy policy

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

This policy was last modified on 10/12/2012

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

http://www.asone.co.uk
AsOne Design
Unit G3.2
Waulk Mill
51 Bengal Street
Manchester
M4 6LN

here@asone.co.uk
0161 368 9100

Acceptable Use Policy

1. Introduction
Exchanging email with other Internet users is generally a matter of common sense and courtesy.

AsOne customers are able to use their own sense of what is appropriate to guide their behaviour. From time to time however, eMail of unwelcome types (collectively known, along with other unwelcome activity, as net abuse) is sent and received.

It is not always obvious whether such eMail is innocent, inadvertent, or intentional, however, certain activities will result in action being taken by AsOne as described in Section 7 of this document.

AsOne provides eMail services as part of the package of Internet access services. AsOne reserves the right to change this Acceptable Use Policy for services at its sole discretion and without prior notice. Any decision made by AsOne in relation to this AUP and its services shall be final on all matters.

2. What Constitutes NET ABUSE?
Net abuse is an abuse of Internet facilities and not necessarily abuse on the Internet. To qualify as net abuse, an act must interfere with the net-use of an individual or group of individuals in some specific way. Net abuse also includes activities that are illegal or dishonest.

Under the terms of this AUP, net abuse includes, but is not limited to, the following:

a. Chain Letters and Pyramid-Selling Schemes
Such messages work in much the same way as their paper-based cousins. The most common example of this in eMail is MAKE MONEY FAST. In addition to being a waste of resources, such messages are illegal in certain countries.

b. Unsolicited Commercial E-mail (UCE)
Unsolicited Commercial E-mail is advertising material received by e-mail without the recipient either requesting such information or otherwise expressing an interest in the material advertised.

Since many Internet users use a dial-up connection and pay for their online time, it costs them money to receive e-mail. Receipt of unsolicited commercial advertising therefore costs them money and is particularly unwelcome.

It should be noted that a user has not expressed an interest by the mere act of posting a news article in any particular newsgroup, unless of course they have made a specific request for information to be eMailed to them.

c. Unsolicited Bulk eMail (UBE)
UBE is similar to the above UCE but not attempting to sell anything. Its sole purpose is usually to annoy.

d. Forged headers and / or Addresses
Forging headers or messages means sending eMail such that its origin appears to be another user or machine, or a non-existent machine.
It is also considered forgery to arrange for any replies to the e-mail to be sent to some other user or machine.
However, in either case, if the other user or the administrators of the other machine has granted prior permission to you, then there is no problem.

e. eMail Bombing
eMail bombing is the sending of multiple eMail, or one large eMail, with the sole intent of annoying and / or seeking revenge on a fellow Internet user. It is wasteful of shared Internet resource as well as serving no value to the recipient.

Due to the time taken to download it, sending long eMail to sites without prior agreement can amount to denial of service, or access to eMail at the receiving site. Note that if binary attachments are added to the eMail this may increase the size considerably. If prior arrangement has not been made, the mail will be extremely unwelcome.

f. Denial of Service Attacks
Denial of Service is any activity designed to prevent a specific host on the Internet from making full and effective use of their facilities. This includes, but is not limited to:

eMail bombing an address in such a way to make their Internet access impossible, difficult, or costly.
Opening an excessive number of eMail connections to the same host.
Intentionally sending eMail designed to damage the receivers systems when interpreted; for example, sending malicious programs or viruses attached to an eMail.
Using an SMTP relay without authorisation to do so.
g. Mailing List Subscriptions
You must not subscribe anyone, other than a user on your own host, to a mail list or similar service without their permission.

h. Illegal Content
You must not send via eMail any item which it is illegal to send or possess. This includes material which is prohibited under the various Acts of Parliament dealing with material sent over a public telecommunications network, notably the telephone system. This includes but is not limited to:

Content that contains or contains links to nudity, pornography, adult content, sex, extreme violence, or foul language
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
Sites that exploit images of children under 18 years of age.
Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others property, or to harm any people or animals.
i. Breach of Copyright or Intellectual Property
You must not send Copyrighted material or Intellectual Property via eMail unless you have permission to do so.

j. Postmaster eMail
All AsOne Clients are required to accept and read e-mail addressed to your default email account (usually admin@<yourdomain>). Mail addressed to the postmaster must not be bounced or ignored.

3. System and Network
AsOne Clients agree to not:

Use of any applications that may disrupt the stable operation of AsOne’s network and/or servers.
Introduce malicious programs into the network or server (e.g. viruses, worms, Trojan horses, etc.).
Attempt to breach or disrupt Internet communication. Security breaches include, but are not limited to, accessing data of which Client is not an intended recipient or logging into a server or account Customer is not expressly authorised to access.
Execute any form of network monitoring (e.g. packet sniffer) which will intercept data not intended for Client server.
Attempt to circumvent user authentication or security of any host, network, or account (cracking).
Attempt to interfere with or deny service to any user or any host (e.g. Denial of Service Attacks).
Use of any program/script/command, or sending messages of any kind, designed to interfere with a users terminal session, via any means, locally or via the Internet.
Attempt to create an active full time connection on a Company provided Dial-up account by using artificial means with software, programming, or any other method.
4. Investigation
AsOne has in place a procedure for handling your complaints about material stored and/or accessed via our service. If you wish to make such a complaint, please ensure that you make your complaint by eMail to abuse@asone.co.uk. If you do not use this facility, AsOne cannot guarantee that your complaint will be dealt with promptly.

AsOne reserves the right to investigate suspected violations of this AUP. When aware of possible violations, AsOne may initiate an investigation, which may include gathering information from the user involved and the complaining party, if any, and examination of material on our servers. Much of this AUP reflect acts that may constitute breaches of United Kingdom legislation or regulations and may in some cases carry criminal liability.

During an investigation, we may suspend the account involved and/or remove the material involved from our servers. Such action may include temporary or permanent removal of material from our servers, warnings to the user responsible, and the suspension or termination of the account responsible. AsOne will determine what action will be taken in response to a violation on a case-by-case basis.

The Client acknowledges that AsOne may be required by current or future law or regulation, including but not limited to the Regulatory of Investigatory Powers Act 2000, to access, monitor, store, take copies of, or otherwise deal with the Client’s data stored on or transmitted by the Service. Without limitation, the Client expressly authorises AsOne to use personal data and other account information in connection with any such investigation, including disclosure to any third party authority that is considered to possess a legitimate interest in any such investigation or its outcome.

AsOne reserves the right to terminate the Service with immediate effect and without further obligation or liability to the Client for any violation of this AUP as required by any law enforcement organisation or by the Courts.

5. Webspace
The Client shall not use personal and/or corporate website for the publication and distribution of spamming software, lists of personal or corporate eMail addresses (except where each and every addressee has given their express permission) or any personal data except where such data is in strict accordance with the Data Protection Act 1984, regulations made pursuant to the Act and subsequent legislation.

The Client shall not use unsolicited eMail messages or cause such to be used in order to draw attention to, promote or otherwise advertise its website.

The Client shall not publish, hold or cause to be held or accessed via its website material that is of an illegal nature and/or contrary to the terms of AsOne’s standard Terms and Conditions.

6. Mailing Lists
Any mailing lists used by the Client must be “opt in” mailing lists generated for there own customers and must contain an un-subscription function that must be acted upon. Purchased mailing lists from marketing web sites must be verified as “opt” in mailing lists as proven by the Client; otherwise it will be considered a breach of this AUP.

7. Actions will AsOne Take if this AUP is breached:
Serious net abuse via AsOne accounts will result in the following action:

First offence

The Client will be contacted and informed of the offending breach.
Information will be provided to the Client about how to rectify the situation.
If AsOne cannot contact the Client and if the Client fails to contact AsOne after 2 days, the offence will escalate to “second offence” status and AsOne will proceed with the second offence procedure.
If it is deemed that the Client is causing a serious breach to this AUP, AsOne reserves the right to go to the Second Offence procedure immediately without prior warning.
Second offence

The offending account will be suspended and access will not be available to the Client.
The Client will be required to contact AsOne Customer Support, provide evidence to the Customer Support manager that there will be no further breaches of the Conditions of Use and Acceptable Use Policies from the Account.
The Client must provide in writing the steps that they have undertaken to prevent this from happening again.
If the Client fails to contact Customer Support within 14 days, the account may be terminated.
Under no circumstances will any refund be made for the period the account is suspended for breach under this AUP.
Should it, in the sole opinion of AsOne, be considered necessary, then a public announcement will be made and this will include the disclosure of the Client’s identity.
Third offence

The Client’s account will be terminated immediately.
No refund of monies paid for the account will be made.
Should it, in the sole opinion of AsOne, be considered necessary, then a public announcement will be made and this will include the disclosure of the Client’s identity.
8. Definitions
See definitions as found in Section I of AsOne’s standard Terms and Conditions as found at www.asone.co.uk/legal/terms-of-business/

Terms of Business

Section 1: AsOne Standard Terms and Conditions
Clause 1.1 Definition of Terms
Clause 1.2 Provision of Service
Clause 1.3 Payment and Term
Clause 1.4 Client’s Obligations
Clause 1.5 Warranties
Clause 1.6 Term and Termination
Clause 1.7 Consequences of Termination
Clause 1.8 Renewal
Clause 1.9 Confidentiality
Clause 1.10 Cancellations
Clause 1.11 Force Majeure
Clause 1.12 Data Protection
Clause 1.13 Liability
Clause 1.14 Data Backup
Clause 1.15 General Usage Policy
Clause 1.16 Intellectual Property Rights
Clause 1.17 Suspension of Services
Clause 1.18 Notices
Clause 1.19 Variation
Clause 1.20 Indemnity
Clause 1.21 Rights of Third Parties
Clause 1.22 Severability
Clause 1.23 Waiver
Clause 1.24 General
Clause 1.25 Assignment
Clause 1.26 Law and Jurisdiction
Clause 1.27 Entire Document
Section 2. Print Terms and Conditions
Clause 2.1 Proofing Procedure
Clause 2.2 Sizing
Clause 2.3 Colour
Clause 2.4 Paper Stock
Section 3. Internet Terms and Conditions
Clause 3.1 Hosting Packages
Clause 3.2 Internet Domain Name Registrations
Clause 3.3 Internet Domain Name Transfers
Clause 3.4 Search Engine Submission and Placement
Clause 3.5 Web Hosting
Clause 3.6 Website Construction
Clause 3.7 AsOne Shopping Mall
Clause 3.8 Newsgroups
Clause 3.9 Product Promotions and Special Offers
Clause 3.10 Search Engine Submission Software
Clause 3.11 Website Statistics Package
Clause 3.12 Advanced Access Package
Clause 3.13 Anti-Virus Software
Clause 3.14 Content Management Software
Clause 3.15 Online Payment Providers
Clause 3.16 Optimisation
Clause 3.17 Data-backup services
Section 4. Hardware & Software
Section 5. ADSL
Section 6. Marketing & Advertising

Revisions
No revisions.

Introduction: Use of Terms and Conditions
The following are the legal terms and conditions of an agreement between you and AsOne. 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 AsOne (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 AsOne 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, Purchase Order or Service Contract. Agreement of theses Terms and Conditions implies the client understands and agrees to be bound by AsOne’s interpretation of the Terms and Conditions. If the Client has any doubt whatsoever, they should request a written explanation of the section or clause in question within 30 days.

Section 1: AsOne Standard Terms and Conditions
Clause 1.1 Definition of Terms
1.1.1 In this Agreement the following terms shall have the following meanings:
“Act” means the Telecommunications Act 1984; and
“Acceptable Use Policy” means an acceptable use policy (also referred to herein as General Usage Policy) posted on AsOne’s website from time to time applicable to all aspects of services provided by AsOne; and
“Agreement” means this document, and, where the context so requires, any Service Order, Application Form, Acceptable Use Policy, AsOne’s Price List and/or the Service Description; and
“Apparatus” means any telecommunications apparatus required for the provision of the Service and installed by or on behalf of AsOne(including by a `sub-contractor) at the Client’s Premises; and
“Business Day” means any day (other than Saturday, Sunday or English public holiday) on which the banks in England are open for a full range of banking transactions; and
AsOne means AsOne of Unit G3.2, Waulk Mill, 51 Bengal Street, Manchester, M4 6LN; and
“AsOne System” means the telecommunication and/ or Internet system run by AsOne and or its service providers; and
AsOne Equipment means any equipment that is supplied by or on behalf of AsOne to the Client or installed at the Client’s Site for the purpose of providing the Service including AsOne’s software, hardware, cables, hubs and such other equipment supplied by AsOne, its agents or its sub-contractors for the provision of the Service which have not been purchased and paid for by the Client; and
“AsOne Software” means the installation software and/or other software necessary to facilitate the use of the Service supplied by AsOne; and
“AsOne Website” means the website at http://www.asone.co.uk or at such other URL as AsOne may determine from time to time; and
“Charges” means without limitation the Set-up Charge and the Service Charge and any other applicable Charges as outlined in the AsOne Price List; and
Client means the person, firm, or company whose Application / Service Order is accepted by AsOne; and
“Commencement” means that point in time when the Client’s account is set-up on AsOne’s internal provisioning system and hosting equipment configured to provide a Service to the Client; and
“Components” means all components of the system within AsOne’s and/or any third party’s premises that provide dedicated Internet access to the Customer and which are necessary for the supply of the Service, but excludes the Customer’s Equipment; and
“Confirmation Letter” means a letter or any other form of document issued by AsOne confirming and accepting the Customer’s order for the Service.
Conditions means the standard terms and conditions for the Supply of Services set out or referred to on the Application / Service Order; and
Confidential Information means any and all information which relates to the business affairs, products, developments, trade secrets, know-how, personnel, clients and suppliers of either party or information which may reasonably be regarded as the confidential information of the disclosing party; and
“Connectivity” means the connection to the Internet using the dial-up telephone number, ADSL connection, or other connection to the Internet as specified by AsOne and informed to the Client by AsOne from time to time; and
Contract or “Service Contract” means the related Server Contract, Web Development Contract or any other provision of Service as stated on the Application Form/ Service Order/Purchase Order relating to the particular Services requested and Contracts shall be construed accordingly; and
“Dial-Up Platform” means the access number to be used by the Client to connect to the Internet or to the AsOne account as specified by AsOne; and
Domain Name means the domain name(s) requested by the Client to be registered on the Client’s behalf as outlined on the Application or any alternative domain name offered by AsOne; and
“Client’s Equipment” means the telecommunications, , electronic and all equipment and facilities located at the Customer’s premises including but not limited to Customer-owned PC’s.
“Client’s Website” means the website belonging to the Client which is hosted by AsOne pursuant to the Contract; and
Force Majeure means any cause affecting the performance by a party of its obligations arising from acts, events, omissions, or happenings beyond its reasonable control. Including (but not limited to) wars, riots, embargoes, strikes, lockouts, acts of god, insurrection, or civil commotion or any other causes or circumstances beyond the parties reasonable control; and
“Input Material” means all materials, data, images, and information necessary for the Client’s use of the Service; and
Installation Date means the proposed installation date for the Service as defined in the relevant Service Order/Application Form; and
“Intellectual Property Rights” means any current and future intellectual property rights including copyrights, trademarks, trade names, domain names, rights and logos and get-up, service marks, inventions, Confidential Information, trade secrets and know-how, design rights, patents, utility models, semiconductor topography, all rights of whatsoever nature in computer software and data, rights in databases, privacy rights; and all intangible rights and privileges of a nature similar, analogous or allied to any of the above existing anywhere throughout the world and all renewals, revivals and extensions of them and rights of action in respect of them howsoever including the right to sue for past infringement and the right to apply for, prosecute and obtain patent, design right, trademark and other protection throughout the world or any invention claimed in any patent or patent application including the right to claim priority; and
Internet means the worldwide TCP/IP (Transmission Control Protocol/Internet Protocol) network formed of an interconnection of companies, organisations and institutions, private and public networks; and
“Keyword Selection Policy” means the guidelines for the selection of Internet Keywords (“Keywords”) as dictated to AsOne by the Registrar or the body responsible for the granting of the Keywords; and
“Licence” means any licence required for AsOne to provide the Service or to run AsOne’s System; and
Name shall mean the name assigned to the Client in relation to the provision of the Service including but not limited to any mailbox and domain names; and
” Oftel” means Office of Telecommunications or the Director General of Telecommunications; and
” Offending Material” means any material, data, images or information (including without limitation, the Input Material) which is (1) in breach of any law, regulation, code of practice or acceptable use policy; or (2) abusive, indecent, defamatory, obscene or menacing or otherwise offensive; or (3) in breach of confidence, copyright or other intellectual property rights, privacy or any other right of any third party; and
” Order Form” means the agreement or relevant order form or such other appropriate form for the Service issued by AsOne that the Client completes and sends to AsOne; and
” Package” means any AsOne products bundled together (e.g. where the domain name is acquired and other services added free of charge as required by the Client as defined on the Service Order); and
” Party” means a party to the Contract and “Parties” shall be construed accordingly; and
” Personnel” means the employees, agents or sub-contractors of the respective Party; and
” Premises” means any sites owned or occupied by the Client at which the Service is, or will be, provided, as specified in a Service Order; and
” Price List” means the list of fees payable by the Client in respect of the Services of which a copy can be requested from AsOne in writing to the address shown above; and
” Processing” means any use of messages or calls or data including sending, receiving, uploading, downloading and posting on web-sites or elsewhere; and
” Protocols” means the protocols and standards defined in the following Internet documents: RFC 009, RFC 1122, RFC 1123, RFC 1250 and any existing or future protocols and standards as appropriate; and
” Registry” means the relevant registry or naming authority responsible for the registration of domain names that includes (without limitation) the Nominet UK and the Network Solutions Inc.
” Server” means the server of certain specifications selected by the Customer in the Order Form and confirmed by AsOne in the Confirmation Letter.
” Services” means the AsOne service selected by the Client in the Service Order; and
” Service Charge” means the Charges for the Service set out in the applicable Service Order, Service Description and/or in any AsOne price list as in force from time to time; and
” Service Commencement Date” means the date on which AsOne agrees to start providing Service as set out in the Service Order; and
” Service Description” means an AsOne document as in force from time to time which contains a description of the Service, and which may set out additional terms and conditions; and
” Service Order” means a AsOne Service Order/Application Form/Purchase Order; and
” Set-up Charge” means AsOne’s charge for setting-up the Service (including any installation charge) set out in the Service Order, Service Description and/or AsOne Price List as in force from time to time; and
” Software” means any device supplied by AsOne to support the usability of its services as used by the Client;
” Standard Charges” means the standard charges for the Service as set out in the Order Form or otherwise as set out on AsOne’s Website or in AsOne’s brochures; and
Terms and Conditions means these terms and conditions including any Schedules hereto; and
” Work” means any work carried out by AsOne(or its sub-contractor) at the Premises for the purpose of installing, maintaining, repairing, moving, replacing or removing any Apparatus in order to comply with any of its obligations under this Agreement.
1.1.2 References to Clauses are references to clauses in the Agreement.
1.1.3 Clause headings are for ease of reference and do not form part of nor shall they affect the interpretation of these Terms and Conditions.
1.1.4 References to each party include their permitted assigns and successors by operation of law.
1.1.5 A person who is not a party to a Contract has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any Term of these Terms and Conditions.
1.1.6 Words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated and in each case vice versa.
1.1.7 References to any statute, statutory provision or other enactment and any British or other standard include a reference to that statute, provision, enactment or standard as from time to time amended, extended or re-enacted.
1.1.8 The words “include” or “including” are to be construed without limiting the generality of any preceding words.

Clause 1.2 Provision of Service
1.2.1 AsOne will provide the Service to the Client in accordance with the provisions of this Agreement upon a Service Order or Application having been duly signed by the Client and returned to AsOne and subject to the further provisions of this Agreement.
1.2.2 The Client may request AsOne to supply Service to the Client by completing and forwarding an Application to AsOne or by submitting an online Application via AsOne’s website. AsOne, in its absolute discretion, may accept the Client request by processing the request including the raising of an invoice (pro-forma or otherwise) for services.
1.2.3 AsOne will endeavour to provide the Service in a timely manner but (in particular where AsOne are dependent on another operator to provide the Service and/or due to technical reasons) cannot guarantee to do so, and AsOne will have no liability for any failure to meet such date.
1.2.4 The Client acknowledges that once the acquisition of a domain name has occurred as outlined on the Service Order AsOne is deemed to have fully executed its contractual obligations to the Client.
1.2.5 AsOne possesses the right to change service providers at any time without consulting the Client and the Client empowers AsOne to act as its agent and have full authority to select, change or remove sub agents when deemed necessary.
1.2.6 Where paid for by the Client, AsOne provides a Service Level Agreement (SLA). AsOne will endeavour to provide service availability, over the 12-month period, of better than 99.5%, as measured by AsOne’s management systems. Service availability calculation shall exclude scheduled service interruptions and all interruptions deemed to be caused (directly or indirectly) by the Client or its representative or any third party or by failure or malfunction of any equipment or facilities not owned or provided by or not within the control of AsOne. The SLA measurement is limited to the servers uptime and not the availability of the website or application thereon.
1.2.6.1 AsOne endeavours to respond to faults relating to paid services provided by AsOne within twelve (12) business hours from the time the fault is reported to and accepted by AsOne. AsOne endeavours to resolve identified faults within 24 business hours from the time the fault is reported. Out of business hours support or technical assistance is charged at £100 per hour unless covered by an existing out of hours support contract.
1.2.6.2 The service unavailability calculation will be measured from the point of outage as confirmed by AsOne, to the point at which service is restored. It is important you request this confirmation within 7 days of an outage or perceived downtime. Requests received after 7 days cannot be processed and will not be counted.
1.2.6.3 Scheduled service interruptions will be notified to the Client. AsOne endeavours to minimise interruptions of the service during the business day. Notification will be sent to an eMail address designated by the Client. The Client must enter this eMail into the AsOne mailing list.
1.2.6.4 If, in the event this service level is not attained based on the parameters as outlined in the Service Contract and as measured by AsOne’s management systems and written confirmation is obtained from AsOne, the Client will be granted service credits only not to exceed 10% of the annual hosting contract value pro-rated on a monthly basis (for the avoidance of doubt a month meaning one calendar month.) The Client agrees to claim the Service Credit within 7 days from the restoration of the service in writing to AsOne FAO the Service Credits.
1.2.7 AsOne shall provide the Services using all reasonable care and skill subject to payment by the Client of all amounts payable hereunder on the dates specified herein or on the Application.
1.2.8 The Client accepts that AsOne reserves the right to subject the Client to a credit check and has sole discretion over whether or not the Client may utilise AsOne’s services based on the results of that check. The Client also accepts that if the credit check does not meet AsOne’s requirements, whatsoever they may be at the time, that AsOne may request the Client to pay annual in advance or a deposit in line with the estimated annual charges that the Client may incur by using the service. The Client accepts that this credit check may impact their credit rating and that this information may be shared with other related companies or subcontractors from time to time.
1.2.9 The Client acknowledges that AsOne cannot provide advice or technical support for any aspect of the Client’s own network and therefore the Client acknowledges that costs may be incurred by the Client for any technical consultation provided by a third party enabling the compatibility of the Client’s own network to work to specification with the services as provided by AsOne as outlined on the Service Order.
1.2.10 The Client shall do all things and provide all such information as is reasonably required by AsOne to provide the Services in accordance with these Terms and Conditions.

Clause 1.3 Payment and Term
1.3.1 Any agreement shall commence on the date of acceptance by AsOne of the Application submitted by the Client and shall be paid on an annual basis for an initial contract period of one year (unless otherwise specified) and annually thereafter, unless and until terminated by either party by providing 60 days written notice with no termination earlier than the end of the initial contract period or annual renewal period.
1.3.2 The fees payable to AsOne in respect of the Services are specified in the AsOne Price List. If a credit card or debit card is on file with AsOne, the Client acknowledges that AsOne will automatically take payment via that device 14 days from the date of invoice. If payment is not received via this process (i.e.: credit card or debit card is no longer valid, credit card or debit card has expired, etc.) AsOne will inform the Client via eMail and the Client acknowledges that the invoice (pro-forma or otherwise) is to be paid by other means and that AsOne reserves the right to pursue any outstanding invoice (pro-forma or otherwise) through the appropriate legal channels.
1.3.3 All Charges are due in advance (whether disputed or not) or within 14 days of invoice (unless specified otherwise in the application or on the invoice.) The Client acknowledges that AsOne reserves the right to suspend the Customer’s entire account including suspension of your hosting account, non renewal of your domain names, or suspension of any third party sites or accounts where we are administrators in the event of non-payment for any overdue invoice (pro-forma or otherwise.)
1.3.4 The Client may be required to pay for Services by Direct Debit or Credit Card on a non-invoiced basis. AsOne will notify the Client if this is the case.
1.3.5 All Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a material breach of these Terms and Conditions.
1.3.6 In the event of a material breach as described above, AsOne’s normal terms for collection of payment apply including suspension of your hosting account, non renewal of your domain names, or suspension of any third party sites or accounts where we are administrators. Please refer to Invoices for current reactivation fees.
1.3.7 The Client acknowledges that he shall provide AsOne with such amount in cash or by way of guarantee as AsOne may specify from time to time as a non-refundable payment of Charges for the remaining balance on the Contract. If the deposit is not provided within seven days of request, AsOne will have the right to disconnect the Service. Interest is not payable on deposits.
1.3.8 If the Client is overdue with any payments hereunder, then without prejudice to AsOnes other rights and remedies, the Client shall be liable to pay to AsOne a flat fee of £15 for each correspondence, AsOne’s solicitors and court fees, as well as interest on the amount payable at an annual rate of 5% above the prevailing base rate of Barclays Bank plc, which interest shall accrue on a daily basis from the date payment becomes overdue until AsOne has received payment of the overdue amount together with all interest.
1.3.9 The Client accepts that if any services provided by AsOne are disconnected because of non-payment or because of any breach of contract or Acceptance of Use Policies, AsOne has the right to charge the Client a reconnection fee equal to one month’s fees with a minimum payment of £60 plus VAT for each reconnection unless specifically stated otherwise in these terms and conditions.
1.3.10 The Client acknowledges responsibility for informing AsOne of all billing address changes and any changes relating to the Client’s ability to be contacted and further confirms that AsOne must be informed of any changes on the account including but not limited to address changes or contact person changes and that AsOne possesses the right to charge a £15 administration fee per change (if not notified in advance) and that AsOne will not be held responsible for any disruption or lack of service which result from a lack of notification by Client to AsOne regarding such changes.
1.3.11 The Client accepts that if any renewal fees for domain names remain unpaid for a period of 14 days past their due date ownership of the domain names will pass to AsOne. Where such domain name is a UK domain (e.g. .co.uk) AsOne reserves the right to detag the domain in accordance with the outlines set forth by Nominet UK.

Clause 1.4 Client’s Obligations
1.4.1 The Client shall:
1.4.1.1 supply AsOne with such information as AsOne or its sub-contractor may reasonably request in order to carry out any Work; and
1.4.1.2 grant or procure so that AsOne or its sub-contractor are granted all necessary authority at all reasonable times and on reasonable notice (except in the case of an emergency) to carry out the Work and install, keep, and maintain any Apparatus at the Premises; and
1.4.1.3 provide appropriate space, ducting, suitable and safe working environment and electrical power for AsOne or its sub-contractor to install and maintain the Apparatus at the Premises at no cost; and
1.4.1.4 not alter, adjust, or interfere with the Apparatus or allow any of Client employees or agents to do so; and
1.4.1.5 ensure that the Apparatus is kept safe and not interfered with by any third party.
1.4.1.6 warrant to AsOne that the Client has obtained copyright for material including but not limited to images and logos supplied to AsOne.

Clause 1.5 Warranties
1.5.1 In performing AsOne’s duties under this Agreement, AsOne shall, at all times use its reasonable endeavours to exercise reasonable care of a competent ISP (Internet Service Provider). The Client acknowledges that neither AsOne, nor any other party, has control over the Internet and service interruptions may occur due to circumstances beyond or at times within AsOne’s reasonable control such as internal and/or external system malfunctions or failures of third parties. The Client therefore acknowledges that AsOne shall not be held liable in any way for losses as a result of such service interruptions regardless of their nature.
1.5.2 The Client further acknowledges that AsOne shall in no way be held liable for any service outage or disruption that occurs as a result of any of AsOne’s suppliers’ failure to provide a service. For clarification, if any of AsOne’s suppliers enters administration, liquidation, is wound up or for any reason fails to provide a service to AsOne that impacts the Client, AsOne shall not be held liable. In the event AsOne selects an alternative supplier in order to restore the service to the Client, the Client acknowledges that any increase in the costs to AsOne as a result of the supplier change will be passed on to the Client.
1.5.3 The Client acknowledges that the Client is responsible for all domain names and packages purchased on behalf of a third party, and AsOne will not be held liable for any implications resulting from AsOne’s effort to contact the Client at the contact details held on the account within AsOne’s system through domain names held on the Client’s account.
1.5.4 The Client acknowledges that it is not possible for AsOne to provide a 100% fault-free Service. AsOne expressly reserves the right to disconnect availability of Internet access for the purpose of necessary or scheduled maintenance. Access to e-mail may also be adversely affected by conditions and performances outside AsOnes control including without limitation the breakdown of transmission and telecommunication links or provisions of services by AsOne’s selected service providers. Sometimes AsOne will need to suspend the Service for maintenance, scheduled or unscheduled. While AsOne will try to maintain the Service 24 hours a day, seven days a week, AsOne cannot guarantee to do so. AsOne will always try to repair reported faults and/or restore the Service as soon as reasonably practical.
1.5.5 The Client warrants to AsOne that the Client has obtained and will maintain all such approvals, way leaves, and licences as may be necessary to perform AsOne’s obligations under this Agreement or to allow AsOne to do so and that the Client will comply generally with all applicable laws and regulations.
1.5.6 No other warranties or representations, expressed or implied, are given by either party under this Agreement and any implied warranties are expressly excluded.
1.5.7 The Client warrants that it will comply with the provisions of the end-user licence relating to all aspects of Services in which an Application has been provisioned.
1.5.8 The Client warrants that it will comply in every respect with the provisions of AsOnes General Usage Policy.

Clause 1.6 Term and Termination
1.6.1 This Agreement may be terminated by either party by providing 30 days written notice with no termination earlier than the initial contract period or annual renewal period.
1.6.2 If the Client terminates this Agreement during the initial period of one year, other than because AsOne has increased its Charges or materially changed the terms of this Agreement to the Client’s detriment, or if the Agreement is terminated by AsOne under 1.6.3 below, the Client must pay AsOne the applicable Charges for the remainder of the initial contract period.
1.6.3 Either party may terminate this Agreement or the Service provided under it forthwith by notice to the other if:
1.6.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
1.6.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
1.6.3.3 the other fails to pay any Charges when due; or
1.6.3.4 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect; or
1.6.3.5 the other party employs, seeks to employ or otherwise entice an employee away from their current employment or from their current role; or
1.6.3.6 the other party ceases to carry on its business or substantially the whole of its business; or
1.6.3.7 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets; or
1.6.3.8 the bandwidth used for traffic to and from the web site is exceeded beyond AsOne’s considered acceptable use and is deemed by AsOne to affect the performance of other Clients Business Websites. Notwithstanding any other remedies it may have under these Terms and Conditions or in law, AsOne, in the event that the acceptable bandwidth is exceeded, may elect to charge the Client an additional monthly fee as set out in the AsOne Price List or Service Order.
1.6.4 If any of the events detailed above occur, AsOne may by giving notice to the Client to disconnect the Service or any part of it without prejudice to AsOne’s right to terminate this Agreement. Where the Service or any part of it is disconnected under this paragraph, the Client must pay the Charges for the Service until this Agreement is terminated.
1.6.5 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
1.6.6 On termination of this Agreement for any reason:
1.6.6.1 AsOne shall have the right immediately to remove any Apparatus from the Premises; and
1.6.6.2 all amounts owing for the Service shall be due and payable in full on demand whether or not then due and Client shall have no right to withhold or set off such amounts; and
1.6.6.3 AsOne may delete all e-mail, Websites, and other data stored on the Service by the Client and re-use the e-mail addresses, domain names not held by the Client and subject to Clause1.6.6.4, and Business Web-spaces. AsOne shall not exercise this right for six weeks in the case of termination by AsOne other than for breach by Client; and
1.6.6.4 AsOne shall transfer any domain names held by the Client to another ISP at a Charge as specified in the AsOne Price List.

Clause 1.7 Consequences of Termination
1.7.1 Upon the termination of any Agreement for any reason whatsoever:
1.7.1.1 the Client shall promptly return to AsOne all copies of the Software in his possession; and
1.7.1.2 AsOne may cease to host the Web Site with immediate effect; and
1.7.1.3 each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other partys Confidential Information) which it then has in its possession or control.

Clause 1.8 Renewal
1.8.1 AsOne will automatically renew the Client’s contract each year after the initial one year contract period unless the Client notifies AsOne in writing at least 30 days prior to the end of the contract period instructing AsOne to do otherwise.
1.8.2 The Client acknowledges in the event AsOne is not informed at least 30 days prior to the end of the contract period of the Client’s wishes not to renew, AsOne will automatically raise and forward an Invoice (pro-forma or otherwise) to the Client for the renewal for a further year. If a credit card or debit card is on file with AsOne, the Client acknowledges that AsOne will automatically take payment via that device 14 days from the date of invoice.
1.8.3 If payment is not received via this process (i.e.: credit card or debit card is no longer valid, credit card or debit card has expired, etc.) prior to the end of the contract period, AsOne will inform the Client via eMail, fax or letter and the Client acknowledges that the invoice (pro-forma or otherwise) is to be paid prior to the end of the contract period and that AsOne reserves the right to pursue any outstanding invoice (pro-forma or otherwise) through the appropriate legal channels.
1.8.4 AsOne will use its reasonable endeavours to ensure that the Domain Name, Existing Domain Name, Internet Keyword or any other AsOne product will be automatically renewed after expiry of the initial or any subsequent two-year registration period provided always that this Agreement remains in force up to the date of expiry of such period.
1.8.5 In consideration for renewal of the AsOne package by AsOne and prior to the renewal date, the Client shall pay to AsOne the annual renewal fee set out in the Price List.
1.8.6 Whilst AsOne will use all reasonable endeavours to ensure that the Domain Name, Existing Domain Name, Internet Keyword or any other AsOne product is renewed at the relevant renewal date, the Client acknowledges that it is not possible for AsOne to guarantee such renewal and that AsOne shall not be liable for any failure to renew the Domain Name or the Existing Domain Name.
1.8.7 The Client acknowledges that in the event the Client fails to remit payment or fails to instruct AsOne not to renew the AsOne package, AsOne reserves the right to renew the Domain Name or any associated Domain Names under it own IPS tag and reserves the right to change the Admin, Technical and Billing contacts to a AsOne representative and that AsOne will, at that point, become the rightful owner of the Domain Name.
1.8.8 The Client also acknowledges that in the event the Client fails to remit payment or fails to instruct AsOne not to renew the AsOne package, AsOne reserves the right to offer an alternative domain name to the Client if payment is received during AsOne’s debt recovery process.

Clause 1.9 Confidentiality
1.9.1 The Client shall ensure that its employees, agents, and sub-contractors shall, keep confidential and not, without AsOne’s prior written consent, use or disclose to any third party any material or information relating to the Agreement and/or AsOne’s business which the Client may acquire in the course of or in accordance with the Agreement.
1.9.2 Nothing in Clause 1.9.1 will be taken to prevent the Client from disclosing any information:
1.9.2.1 in Client’s possession (with full right to disclose) before disclosed by AsOne; or
1.9.2.2 which is or becomes public knowledge other than by breach of this clause; or
1.9.2.3 which the Client may independently develop or receive from a third party (with full right to disclose)
1.9.3 AsOne reserves the right (but does not assume the obligation) to inspect any material which the Client processes using the Service to ensure AsOne’s compliance with the Agreement and any legal requirements.
1.9.4 The Client and AsOne may disclose such material if requested or required to do so by the police or any other competent authority.
1.9.5 If requested to do so by a third party AsOne may disclose such material during the course of an action for the infringement of their rights which AsOne reasonably believes to arise from the Client’s use of the Service. AsOne may modify or remove any material that infringes this Agreement.
1.9.6 The Client hereby agrees that AsOne may record or monitor the Client’s calls to AsOne for quality and contractual purposes.
1.9.7 Where the Client uses the Service to post material on a Web Site (including chat-rooms and other facilities), the Client grants to AsOne and its licensors and assigns a royalty-free, irrevocable licence to use, edit, copy, republish and distribute such material through the Service (for any purpose.) AsOne may remove any material that appears on any page of AsOne’s own Web Site.
1.9.8 All information, drawings, specification, documents, contracts, design material and all other data, which either party may have disclosed and may from time to time disclose to the other party relating to its business, Clients, prices, services, requirements, the Software, the Web Site, the Services and these Terms and Conditions, including any technical specifications (the Confidential Information), are proprietary and confidential to the disclosing party.

Clause 1.10 Cancellations
1.10.1 The Client understands that there is no cancellation policy in place meaning that, from the time the Client submits the signed Service Order to AsOne, the Client waives any right to cancel the services purchased unless specified otherwise within this document.

Clause 1.11 Force Majeure
1.11.1 Neither party shall be liable for any delay in performing or failure to perform its obligations hereunder to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an event of force majeure), provided the same arises without the fault or negligence of such party and the affected party notifies the other party within two (2) working days of becoming aware of the same of such event of force majeure and the manner and extent to which its obligations are likely to be prevented or delayed, and provided also that the occurrence of any such event of force majeure shall not have the effect of discharging or postponing the affected partys payment obligations hereunder.
1.11.2 If any event of force majeure occurs, the date(s) for performance of the obligation(s) affected shall be postponed for so long as is made necessary by the event of force majeure provided that if any event of force majeure continues for a period of or exceeding 60 days, the non-affected party shall have the right to terminate any agreement governed by these Terms and Conditions forthwith on written notice to the affected party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure

Clause 1.12 Data Protection
1.12.1 Unless indicated otherwise on the relevant Application/ Service Order form, the Client hereby agrees to allow AsOne to collect and process data and information regarding the Client’s use of the Service and to provide this to sub-contractors and/or companies affiliated with AsOne for the purposes of marketing AsOne’s (or AsOne’s affiliated companies’) services, or other related services, or for any other purpose connected with the Agreement. In particular, but without limitation, if the Service is provided to the Client following a third party referral, the Client agrees that AsOne may provide them with such reasonable information as they request regarding the installation of the Service and AsOne’s provision of the same to the Client. AsOne will provide the Client on request with details of all such information held by AsOne, and will modify any information that the Client advises is incorrect.
1.12.2 Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow AsOne to collect data regarding AsOne’s use of the Services and to provide such data to any governmental or regulatory body for the purpose of AsOne’s compliance with any applicable laws and regulations.
1.12.3 Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.
1.12.4 AsOne possesses the right to communicate with the Client regularly via, but not limited to, electronic means.
1.12.5 AsOne may, from time to time, send Client information relating to the services of other companies that AsOne feels may be of interest to the Client. If the Client does not want to receive such information, it is to inform AsOne in writing.
1.12.6 AsOne has the right to deny Customer Support to the Client if the Client fails to demonstrate to the AsOne representative upon receipt of a phone call or e-mail by AsOne that they are indeed the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for AsOne to guarantee that breaches will not occur and therefore agrees to cooperate with AsOne staff in its requests for Client authentication.

Clause 1.13 Liability
1.13.1 Nothing in this Agreement shall restrict or exclude either party’s liability for fraud, death or personal injury.
1.13.2 The Client shall not be entitled to any liquidated compensation or refund payments for unavailability of or interruptions to the Service.
1.13.3 AsOne shall not be liable to the Client nor to any third party under this Agreement in contract, tort or otherwise for any direct or indirect loss of profit, anticipated savings, business, contracts, revenue, time, goodwill or loss of or harm to data or other content or for any other indirect or consequential loss howsoever caused.
1.13.4 AsOne shall not be liable in respect of any goods or services purchased or obtained or any transactions entered into by the Client through the Service with third parties. Further AsOne shall have no liability to the Client in respect of any third party Internet criminal activity (including without limitation as a result of computer “hackers”) or in respect of billing, payment, or other information that passes between AsOne over the Internet (including by e-mail) in relation to the provision of the Service.
1.13.5 The Client acknowledges that AsOne shall not be liable to the Client in respect of any loss or damage arising from the Clients use of or reliance upon any advice or information provided by AsOne’s Client Services team.
1.13.6 Subject to the other provisions of this Clause, any liability AsOne may have to the Client in contract, tort, or otherwise in connection with the supply or non-supply of the Services and this Agreement shall be limited in each calendar year to damages equal to the Charges paid for hosting services by the Client in that calendar year.

Clause 1.14 Data Backup
1.14.1 Whilst AsOne shall use its reasonable endeavours to ensure that backup copies of the Client’s Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and AsOne shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or AsOne to back up such data. Additional Backup may be purchased (see AsOne’s Price List).

Clause 1.15 General Usage Policy
1.15.1 The Client agrees to adhere to AsOne’s General Use Policy so as to ensure a safe, functional, and trusted environment for AsOne Clients to publish their information on the Web and will comply with all parts of this clause as well as with the Acceptable Use Policy
1.15.2 The parties acknowledge and agree that the Client shall have full editorial control over the contents of the Web Site and the Client warrants that the Web Site (including where the Client engages in any form of electronic communication through a discussion forum, via the Web Site or otherwise with any end-user) shall not:
1.15.2.1 be in breach of the laws of England and Wales or the country of establishment of the Client or any end-user of the Web Site, or any international conventions, codes or regulations applicable to the Internet including but not limited to infringement of copyright and other Intellectual Property Rights, defamation, theft, fraud, drug-trafficking, money laundering and terrorism; or
1.15.2.2 include any obscene or inflammatory language; or
1.15.2.3 include any defamatory material; or
1.15.2.4 promote sexually explicit materials; or
1.15.2.5 promote violence, sadism, cruelty or incite racial hatred; or
1.15.2.6 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
1.15.2.7 promote illegal activity.
1.15.3 The Client shall indemnify and keep AsOne indemnified against all proceedings, losses, liabilities, damages (including legal costs), Charges and expenses of whatsoever nature arising out of or in connection with any action or claim that the content of the Web Site violates the provisions noted above.
1.15.4 Clients in breach of this policy will be contacted by AsOne and given the opportunity to remove the content in question before having services suspended. The Client accepts that repeated infractions may cause the cancellation of service without refund of any fees.
1.15.5 The Client agrees to comply with all applicable legal and regulatory requirements and any applicable licence; and
1.15.5.1 not use the Service in a way which could cause it to be interrupted, damaged or otherwise impaired or which violates AsOne’s rights (including intellectual property rights) or those of any third party (including copyright, confidence, privacy or other rights); and
1.15.5.2 not knowingly intercept or attempt to intercept any message that passes over AsOne’s System or attempt to access any unauthorised component of the Service; and
1.15.5.3 only connect to AsOne’s System or the Apparatus, telecommunications equipment that is approved for use by AsOne and complies with all relevant legislation, standards, and licence requirements; and
1.15.5.4 comply with all reasonable instructions AsOne gives the Client relating to the use of AsOne’s System or Apparatus; and
1.15.5.5 pay the applicable Charges as set out in the Service Order or Applications and comply with any additional obligations specified in the Service Description, Service Order or any applicable Acceptable Use Policy.
1.15.6 AsOne does not support unsolicited e-mail messages sent by users of AsOne’s system (also known as junk e-mail or SPAM) other than to the Client’s own Clients. Users sending unsolicited e-mail messages from AsOne’s system or posting SPAM in Usenet Newsgroups will have all services temporarily suspended. The Client will then be contacted by AsOne and informed of the suspension before having services reinstated. The Client accepts that repeated infractions may cause the cancellation of service without refund of any fees.
1.15.7 The Client agrees to access AsOnes services using its published fully qualified domain name and not the underlying IP address and acknowledges that AsOne reserves the right to change the underlying IP address of any of its services without prior notice.
1.15.8 AsOne may, at its sole discretion, run manual or automatic systems to check compliance with these Terms and Conditions. The Client acknowledges that these checks may include, but are not limited to, scanning for open mail relays, smurf amplifiers and insecure formmail scripts. By accessing the Internet via AsOne’s services, the Client is deemed to have granted permission for these checks.
1.15.9 The Client is required to accept e-mail addressed to postmaster at the Client’s e-mail address utilising the domain name(s) on the Client’s account. For example, if the Client has the domain name mybusiness.co.uk, then the Client shall accept and read all e-mail addressed to postmaster@mybusiness.co.uk. The Client will be deemed to have read any and all such postmaster-addressed e-mail. The Client acknowledges that AsOne may take action on the basis of this assumption that may impact the Client’s account.

Clause 1.16 Intellectual Property Rights
1.16.1 The Client agrees and acknowledges that the copyright and any other intellectual property rights shall be owned by AsOne except that the intellectual property rights in any material proprietary to the Client or any third party (the Content) which has been incorporated into the Web Site by the Client shall be owned by the Client or the relevant third party respectively.
1.16.2 Subject to the exceptions set out in Clause 16.1 the Client hereby assigns to AsOne for the sum of ??1 (receipt of which is hereby acknowledged) the whole of the Clients present and future right, title and interest in the Intellectual Property Rights to the Web Site.
1.16.3 Each party agrees to execute any additional documents reasonably necessary to effect and evidence the other partys rights under Clauses 16.1 and 16.2 (at such other partys request) and not to do or omit to do any act that would or might prejudice the other partys rights.
1.16.4 The Client warrants that it has obtained for itself and for AsOne all necessary consents, approvals and licences for use of the Content in the Business Web Site.
1.16.5 In the event that the use of the Content infringes the intellectual property rights of any third party, the Client will immediately replace the infringing part at its own expense with non-infringing material.
1.16.6 The Client agrees to indemnify and keep AsOne indemnified and defend it at its own expense from and against:
1.16.6.1 any and all claims that the Content or any act or omission by the Client, its employees, agents and representatives infringes any copyright, trademark or other intellectual property rights of any third party; and
1.16.6.2 any infringement by the Client, its employees, agents and representatives of AsOnes intellectual property rights howsoever arising and shall compensate AsOne for any loss, damages and other expenses arising out of or in connection with such infringement.

Clause 1.17 Suspension of Services
1.17.1 AsOne may disconnect the provision of Service without liability on its part, and with as much prior notice as reasonably possible (except in the case of paragraph (a) below in which case AsOne may do so without prior notice:)
(a) if necessary for operational reasons or for the purposes of carrying out Work at the Premises or maintaining or upgrading the Service or AsOne’s System; or
(b) if obliged to comply with an order, instruction, or request of an emergency service organisation or a governmental or other competent authority.
1.17.2 Where service is suspended due to breach of these terms or the General Usage policy AsOne reserves the right to charge an administration fee of £60 for the reestablishment of services.

Clause 1.18 Notices
1.18.1 Except as expressly stated herein to the contrary, all notices and other communications required or permitted to be given under these terms and conditions shall be in writing and shall be delivered or transmitted to the intended recipients address as specified above or such other address as either party may notify to the other for this purpose from time to time. Any notice shall be treated as having been served on delivery if delivered by hand, two working days after posting if sent by pre-paid registered mail, on delivery if sent by courier and on confirmation of transmission if sent by facsimile. For the avoidance of doubt, notice under these Terms and Conditions shall not be validly served if sent by E-mail. This clause does not affect the responsibility of the Client to regularly review AsOne’s website for any alterations/amendments to the terms and conditions which would be binding on the client

Clause 1.19 Variation
1.19.1 Except as explicitly stated in this Agreement, the terms of the Agreement may only be changed or modified by AsOne on behalf of both parties. AsOne may change the technical specification of the Service at any time, provided this does not detrimentally affect its performance.
1.19.2 The Client accepts the obligation to review these terms and conditions every two weeks and, unless AsOne is informed in writing otherwise, the Client accepts that as part of the Agreement, the revised terms and conditions will indeed supersede, in whole or in part thereof, the previous terms and conditions deeming the revised terms and conditions to be in force until the end the contract period.
1.19.3 AsOne may amend this Agreement at any time, with immediate effect, in order to comply with any law, regulation or ruling of any other Governmental or regulatory body.

Clause 1.20 Indemnity
1.20.1 Client shall indemnify AsOne against all third party claims and losses, liabilities, costs and expenses (including without limitation reasonable legal expenses) that AsOne may incur as a result of any breach of AsOne’s obligations under this Agreement or misuse of the Services (whether by Client or not) provided that this indemnity shall not apply to the extent that any claim or part of a Claim directly results from any wrongful or negligent acts or omissions by AsOne.

Clause 1.21 Rights of Third Parties
1.21.1 Except as expressly provided to the contrary, a person (“third party”) who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement notwithstanding that any such provision may purport to confer or may be construed as conferring a benefit on such third party. This does not affect any right or remedy of any such third party that exists or is available apart from that Act.
1.21.2 For the avoidance of doubt, AsOne may and shall, as it deems fit, sub-contract part or all of its obligations under these Terms and Conditions.

Clause 1.22 Severability
1.22.1 Should any provision of this Agreement be held by any competent court or authority to be invalid or unenforceable such provision shall (without prejudice to the remaining provisions) have no effect but the parties shall use all reasonable endeavours to replace the invalid or unenforceable provision by a valid provision, the effect of which shall be as close as possible to the intended effect of the invalid or unenforceable provision.

Clause 1.23 Waiver
1.23.1 Failure or delay by either party to enforce any of its rights under this Agreement shall not be deemed to be a waiver of any such right nor prevent that party from exercising or enforcing that same right or any other right on a later occasion.

Clause 1.24 General
1.24.1 These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to any agreement governed by these Terms and Conditions except as expressly stated in these Terms and Conditions. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into any Agreement (unless such untrue statement was made fraudulently) and that partys only remedies shall be for breach of contract as provided in these Terms and Conditions.
1.24.2 Provisions of these Terms and Conditions that either are expressed to survive its termination or from their nature or context it is contemplated that they are to survive such termination, shall remain in full force and effect notwithstanding such termination.
1.24.3 The relationship of the parties is that of independent contractors dealing at arms length. Except as otherwise stated in these Terms and Conditions, nothing in these Terms and Conditions shall constitute the parties as partners, joint ventures or co-owners, or constitute either party as the agent, employee or representative of the other, or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
1.24.4 The parties shall at the requesting partys reasonable expense do and execute all such further acts and things as are reasonably required to give full effect to the rights given and the transactions contemplated by these Terms and Conditions.
1.24.5 AsOne may make alterations to these Terms and Conditions at any time without warning to the Client.

Clause 1.25 Assignment
1.25.1 AsOne may assign or otherwise transfer this Agreement at any time. Client may not assign or otherwise transfer this Agreement or any part of it without AsOne’s written consent.

Clause 1.26 Law and Jurisdiction
1.26.1 The construction, validity, and performance of these Terms and Conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts to resolve any dispute between them.

Clause 1.27 Entire Document
1.27.1 This Agreement and any documents referred to herein contain the entire understanding of the parties relating to the subject matter of this Agreement.

Section 2. Print Terms and Conditions
Clause 2.1 Proofing Procedure
2.1.1 Due to the nature accosts involved in the print process AsOne follow strict proofing procedures. The client acknowledges that they understand the proofing procedure.
2.1.2 Any changes made to the artwork after proof signoff are chargeable at ??30 per sheet or per PDF if supplied digitally.
2.1.3 Print projects must be paid for in full before going to press.
2.1.4 Once a print job has been printed no changes can be made without AsOne requiting the entire project to ensure all changes are accounted for.
2.1.5 No refunds can be given under any circumstances after a job had been printed.

Clause 2.2 Sizing
2.2.1 All sizes for business stationary are based on standard sizes unless otherwise stated.
2.2.2 AsOne make every effort to keep finished paper sizes within 2mm of the standard sizes. Due to the nature of the print finishing process this may not always be possible.

Clause 2.3 Colour
2.3.1 Jobs printed on digital colour presses cannot be guaranteed for colours or shades.
2.3.2 Jobs printed on Litho presses will use the pantone colour matching system.
2.3.3 For accurate colour matching the client agrees to supply or choose a pantone colour.
2.3.4 Colours may vary from one paper stock to another.

Clause 2.4 Paper Stock
2.4.1 AsOne reserves the right to substitute paper stock for the nearest equivalent if the chosen stock becomes unavailable.

Section 3. Internet Terms and Conditions
Clause 3.1 Hosting Packages
3.1.1 The Client acknowledges that the fees paid for any AsOne hosting package are allocated to the setup of the space and required dns details.
3.1.2 The Client further acknowledges that once the setup of the space has occurred as outlined on the Service Order AsOne is deemed to have fully executed its contractual obligations to the Client.

Clause 3.2 Internet Domain Name Registrations
3.2.1 On payment of the appropriate fee by the Client as specified in the AsOne Price List, AsOne shall apply for registration of the Domain Name requested by the Client on the Service Order.
3.2.2 The registration of the Domain Name shall, at all times, be subject to the terms and conditions from time to time in force of the relevant naming authority or registration agent which terms and conditions are hereby included into these Terms and Conditions. The terms and conditions of the naming authority and registration agent currently used by AsOne can be viewed online at the following URLs:
3.2.2.1 For International TLDs (.com, .biz, .info, .net, .org, etc.)
3.2.2.2 For UK TLDs (.co.uk, etc.)
3.2.2.3 For ICANN Domains (.uk.com, .uk.net, .gb.com, .gb.net, etc.)
3.2.3 The Client acknowledges that AsOne will endeavour to inform the Client of any changes in the relevant naming authorities or registration agents by posting of such change on the AsOne website. The Client acknowledges sole responsibility for the Client’s own awareness of and compliance with such terms and conditions.
3.2.4 The Client agrees and acknowledges that AsOne shall not be liable in any way for any acts, omissions, or errors of the naming authority or registration agent in relation to the registration (or non-registration, as the case may be) of the Domain Name.
3.2.5 Whilst AsOne will use all reasonable endeavours to obtain the Domain Name for the Client, the Client acknowledges that AsOne shall not be liable for such registration where the Domain Name is or becomes unavailable for any reason whatsoever.
3.2.6 In the event that the Domain Name requested by the Client is unavailable or becomes unavailable between AsOne’s receipt of the Service Order for registration and the date the application is processed by the registration agent or naming authority, AsOne will offer an alternative Domain Name to the Client and upon the Clients approval of such alternative Domain Name, AsOne shall register that alternative Domain Name in accordance with the provisions of this Clause. For the avoidance of doubt, the unavailability of the Domain Name or any replacement domain name shall not affect the validity of the relevant Agreement or the Clients obligation to pay the charges related to the Service Order.
3.2.7 AsOne shall not be liable for any delay in activating the Domain Name on the AsOne Server nor for any cost incurred by the Client as a result of such delay and the Clients obligation to pay the fees set out in the Service Order shall not be affected by any such delay.
3.2.8 The Client warrants that the Domain Name does not infringe any intellectual property rights of any third party, including but not limited to trade marks registered or otherwise used by any third party and the Client shall indemnify and keep AsOne indemnified in respect of any loss, damages, costs or other expenses arising out of or in connection with any breach by the Client of this Clause.
3.2.9 The Client agrees, as a condition of any Agreement, to be bound by the dispute policy used from time to time by the relevant naming authority or registration agent, which policy can be found in the terms referred to in this Clause above.
3.2.10 The Client acknowledges that AsOne will use its own entity as the Administrative, Technical, and Billing contact with the respective registrar unless otherwise informed to the Client.
3.2.11 The Client acknowledges that AsOne shall have the right to cancel, disconnect, or transfer the Domain Name at any time upon receipt of a court order or arbitration award requiring such cancellation, suspension, or transfer.

Clause 3.3 Internet Domain Name Transfers
3.3.1 At the Clients request, AsOne shall host an Existing Domain Name owned by the Client (the Existing Domain Name) always provided that the Client shall be solely responsible for the transfer of the Existing Domain Name to the AsOne server on or after the receipt of the Service Order and for any fees payable to any third party in relation to such transfer. In order to effect the transfer, the Client shall request his current ISP or any other relevant third party:
3.3.1.1 in the case of UK TLDs to modify the IPS Tag as required by AsOne; and
3.3.1.2 in the case of international TLDs to replace the name servers, admin, technical and billing contact with the relevant details per AsOne’s instruction.
3.3.2 The transfer of the Domain Name shall, at all times, be subject to the terms and conditions from time to time in force of the relevant naming authority or registration agent which terms and conditions are hereby included into these Terms and Conditions. The terms and conditions of the naming authority and registration agent currently used by AsOne can be viewed online at the following URLs:
3.3.2.1 For International TLDs (.com, .biz, .info, .net, .org, etc.)
3.3.2.2 For UK TLDs (.co.uk, etc.)
3.2.2.3 For ICANN Domains (.uk.com, .uk.net, .gb.com, .gb.net, etc.)
3.3.3 The Client acknowledges that AsOne will endeavour to inform the Client of any changes in the relevant naming authorities or registration agents by posting of such change on the AsOne website. The Client acknowledges sole responsibility for the Client’s own awareness of and compliance with such terms and conditions.
3.3.4 The Client acknowledges responsibility for the transfer to AsOne or duplication of the Client’s website before the domain name is released from the previous ISP and, in the event that the website is lost as a result of the transfer, the Client agrees to provide AsOne with a copy of the website to be uploaded on the Client’s web space and that the Client will not hold AsOne liable for any loss whatsoever of any of the Client’s material in the transfer process.
3.3.5 On termination of this Agreement, the Client may transfer the Domain Name or any Existing Domain Name to any third party server subject to completion by the Client of a transfer form and payment by the Client of any outstanding fees for the domain name or any related service.
3.3.6 AsOne shall not be liable for any delay in such transfer and the Clients obligation to pay the fees set out in any Service Order shall not be affected by any such delay.
3.3.8 AsOne reserves the right to levy a fee to action any domain transfer, where such a fee is levied no transfer can take place until the fee is paid (see 3.3.8 below)
3.3.8 AsOne reserves the right not to release the Domain Name or the Existing Domain Name to another ISP if the Client, at the time of termination, is in breach of any of the Client’s obligations including payment of any outstanding fees relating to the Domain Name in question.

Clause 3.4 Search Engine Submission and Placement
3.4.1 The client acknowledges that fees paid for search engine submission are designated to the submission of agreed domain names to the various search engines as outlined on the purchase order.
3.4.2 Payment guaranteed that the application will be looked at by the search engines but does NOT guarantee acceptance.
3.4.3 Due to the nature of the service, participating search engines may withdraw at any time.
3.4.4 Search engine placement packages only guarantee first page placement as long as the kitty has sufficient funds remaining.
3.4.5 The cost of a bid for top position can change daily. Wile AsOne will endeavour to maximise exposure the client acknowledges that their budget will affect the final performance.

Clause 3.5 Web Hosting
3.5.1 The Client agrees to comply with this Web Hosting related Acceptable Use Policy (AUP) as part of the Client’s agreement with AsOne. By using the AsOne web hosting facility, the Client agrees to comply with this AUP, and AsOne may terminate the Client’s account and/or withdraw this facility and any other facilities associated with AsOne’s services (in either case in whole or in part) should the Client fail to comply with this policy. This policy has been written on a common sense basis and has been designed to protect the interests of those companies and individuals who wish to benefit from what the Internet has to offer and:
3.5.1.1 the Client may not maintain web space above that limit in which the Client has contracted. The Client is prohibited from maintaining a mailbox above the specified storage size as dictated by the AsOne Package specified on the Service Order. The Client should ensure that unneeded e-mail is periodically (maximum 14 days) deleted so that the Client does not exceed the mailbox limit. If this limit is exceeded or met, the Client may not be able to receive mail, and if this limit has been reached and the account has been inactive for over 28 days, we reserve the right to delete all eMails and the individual eMail account from our server; and
3.5.1.2 while it is acceptable for the Client to extend the amount of CGI scripts provided by AsOne, it is understood that no support can be offered for third party scripts. Any additional CGI scripts found to be functioning in an offensive or destructive manner or found to be using excessive processing power or memory will be removed from the website without notice and the Client accepts that AsOne reserves the right to remove any CGI scripts that, in AsOne’s opinion, are causing or could cause a detrimental effect on AsOne’s systems or to other users of the internet; and
3.5.1.3. the Client will be issued with a user name and password in order to access the account. The Client must take all reasonable steps to maintain the confidentiality of this user name and password. If the Client reasonably believes that this information has become known to any unauthorised person, the Client agrees to immediately inform AsOne and the password will be changed; and
3.5.1.4 the Client is responsible for all use and content of the Client’s hosted space. AsOne does not accept responsibility for any content that the Client places on to the Client’s hosted web site. AsOne reserves the right to investigate suspected violations of the AUP. When AsOne becomes aware of possible violations, an investigation may be initiated, which may include gathering information from the Client and the complaining party, if any, and examination of material on AsOne servers. Much of the AUP reflect acts that may constitute breaches of legislation or regulations and may in some cases carry criminal liability; and
3.5.1.5 during an investigation, AsOne may require the Client to divulge information relating to its activities and how they may have impacted on AsOne’s services so as to compromise the security or tamper with AsOne’s system resources or accounts on AsOne computers or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of such tools include: password-guessing programs, cracking tools or network probing tools; and
3.5.1.6 unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. The Client may send advertising material only to addresses that have specifically requested it. AsOne will not forward mail to the Client if the account was terminated for bulk mailing or unsolicited advertising. Violations of this AUP can sometimes result in massive numbers of e-mail responses. If the Client receives so much e-mail that AsOne resources are adversely affected, AsOne may shut down the Client’s account; and
3.5.1.7 clients for whose web pages are generating Internet traffic above that level for which has been contracted, the Client will be informed and offered the opportunity to upgrade the capacity of the web space for a fee outlined in the AsOne Price List; and
3.5.1.8 AsOne will investigate complaints regarding inappropriate material and content on its network and may, at AsOne’s sole discretion, require that the material be removed or otherwise take action as outlined above. Criteria for determining whether a page in inappropriate include the system resources consumed by the page and applicable laws; and
3.5.1.9 the Client may not use World Wide Web pages within or outside AsOne’s network to violate any part of AsOne’s General Usage Policies, or to attempt to disrupt the content and sites or Internet experiences of other users; and
3.5.1.10 reselling AsOne hosted web space is expressly prohibited; and
3.5.1.11. AsOne reserves the right to remove any web page (in whole or in part) on AsOne’s servers, at any time and for any breach of this policy. AsOne will not accept any responsibility occasioned for any loss caused as a result of such removal; and
3.5.1.12 AsOne will provide access to the Client’s web space on its servers for uploading of the Clients third party designed websites. AsOne will provide assistance to the Client in so much as completing the uploading of any such website. The Client acknowledges that because there are so many design packages available on the market, and the numerous methods of web design, AsOne does not guarantee that the Client’s website will function correctly when uploaded to the AsOne server. Though AsOne will make efforts to assist the Client in remedying these instances, the Client acknowledges that AsOne will in no way be responsible for providing a remedy to fix the Client’s site. The Client acknowledges that AsOne cannot, under any circumstances, offer assistance with respect to third party CGI scripts not directly provided by AsOne.
3.5.1.13 AsOne reserves the right to amend, alter or modify this policy at any time and in any manner. AsOne may notify you by e-mail of this, but the Client agrees to review the policy regularly and the Client’s continued use of the Service two weeks after any change will constitute acceptance of the change.

Clause 3.6 Website Construction
3.6.1 AsOne shall assist the Client with the construction of and/or development of a Web Site in accordance with the options selected by the Client on the Service Order.
3.6.2 The Client agrees to pay a non refundable deposit of 10% or ??100 (whichever is the greater) before construction begins.
3.6.3 Should the client wish to terminate the project at any time notice must be given in writing.
3.6.4 Any and all expenses incurred by AsOne must be cleared within 30 days of termination.
3.6.5 Should the invoice not be cleared within 30 days of termination refer to clause 1.3.8
3.6.6 Any information, designs, concepts ideas or correspondence digital or printed remain the property of AsOne.
3.6.7 Upon payment of final invoice all file that make up the viewable website become the property of the client.
3.6.8 All working files including but not limited to source material, scripts, code etc, remain the property of AsOne unless previously agreed in writing and signed by one or both partners.
3.6.9 Intellectual copyright including database structure, scripting methods remain the property of AsOne
3.6.10 Any information, images of files supplied by the client remain the copyright of the client.
3.6.11 No agreement is made by AsOne to grant exclusive services. AsOne reserves the right to use all or part of an existing site, experience or concept to construct a new website for themselves or another client while respecting a clients copyright on images, files and corporate ID or branding.
3.6.12 The client acknowledges that after sign off of initial layouts changes to the design and site structure may incur extra charges.
3.6.13 The client acknowledges that after sign off of the final site changes to the design and site structure may incur extra charges.
3.6.14 All text must be supplied in word format. AsOne do not accept responsibility for misleading incorrect text including terms and conditions.
3.6.15 Where it has been previously agreed by AsOne to input text it is acknowledged that the client must check the text for accuracy and warrant by means of final sign off that the information has been checked, verified and approved by the client.

Clause 3.7 AsOne Shopping Mall
Coming Soon

Clause 3.8 Newsgroups
3.8.1 By using the AsOne network and services to access newsgroups or Internet chat rooms, the Client agrees to comply with this Clause. AsOne may terminate the Client’s account should the Client fail to comply and the Client acknowledges that this Clause is included to protect the interests of those companies and individuals who wish to benefit from what the Internet provides. AsOne reserves the right to investigate suspected violations of this Clause. When AsOne becomes aware of possible violations, it may initiate an investigation, which may include the gathering of information from the Client and the complaining party, if any, as well as the examination of material on the AsOne servers. The Client accepts that most of this Clause relates to acts that may constitute breaches of legislation or regulations and may, in some cases, carry criminal liability.
3.8.2 During an investigation, AsOne may suspend the Client’s account. If AsOne believes that a violation of this Clause has occurred, it will take responsive action and may involve and will cooperate with law enforcement bodies and/or injured third parties if a criminal violation is suspected. Such action may include the cancellation of newsgroup postings, warnings to the user responsible, and the suspension or termination of the account responsible. AsOne will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Clause could also subject the Client to criminal liability. Certain UK regulatory authorities have wide investigative powers, which may require AsOne to disclose information about its users. Indirect or attempted violations of this Clause, and actual or attempted violations by a third party on the Client’s behalf, shall be considered violations of the policy by the Client.
3.8.3 AsOne reserves the right to discontinue access to any newsgroup at any time and for any reason.
3.8.4 Newsgroup news articles posted using AsOne services must comply with the written charter/FAQ of the newsgroup to which they are posted. If a newsgroup does not have a charter or FAQ, its title may be considered sufficient to determine the user who does not wish to receive it. AsOne recognises that e-mail is an informal medium; however, the Client must refrain from sending further e-mails to a user after receiving a request to stop.
3.8.5 Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. The Client may send advertising material only to addresses that have specifically requested it. AsOne will not forward e-mail of accounts that have been terminated for bulk mailing or unsolicited advertising.
3.8.6 Chain letters are unsolicited by definition and may not be propagated using AsOne’s services.
3.8.7 The Client may not send, distribute, or reply to mail-bombs. Mail-bombing is understood as either e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent.
3.8.8 Violations of this Clause can sometimes result in massive numbers of e-mail responses. If the Client receives so much e-mail that AsOne resources are adversely affected, AsOne may shut down the Client’s account.
3.8.9 AsOne is not responsible for the content of any newsgroup posting, whether or not a newsgroup subscriber made the posting.
3.8.10 If a post is found to violate one of the policies above, or to contain unlawful material (including, without limitation, direct threats of physical harm, hardcore and child pornography and copyrighted, trademarked and other proprietary material used without proper authorisation), AsOne may require that the post be removed and may take action as outlined above.
3.8.11 AsOne reserves the right to amend, alter or modify this policy at any time and in any manner. AsOne may notify the Client by e-mail of this, but the Client acknowledges that that AsOne’s terms and conditions must be reviewed regularly by the Client and that the Client’s continued use of the Service two weeks after any change constitutes acceptance of the change.

Clause 3.9 Product Promotions and Special Offers
3.9.1 The Client acknowledges that products or services subscribed to by the Client during a promotional offer will be subject to the below:
3.9.1.1 where a product or service is offered under a promotion at a discounted price or for free for the first year, the product will be charged at the full price for all subsequent years as set out on the AsOne Price List in force on the commencement date of the current contract period.
3.9.1.2 where a product or service is offered free on a trial basis for a specified period of time (30 days, 60 days, 90 days or other), the Client agrees to provide written notice on company letterhead prior to the end of the trial period informing AsOne of the Client’s intention not to continue with the service offered under the trial and the Client agrees to return all or any hardware (modems, routers etc.) if applicable before the expiration of the trial period by registered post. The Client further acknowledges that in cases where notice is not served within the specified period, AsOne will raise an invoice (pro-forma or otherwise) for a further year’s service and collect payment via the payment details held on the Client’s account and that the client accepts AsOne’s standard terms and conditions.
3.9.1.3 where a product or service is offered free on a trial basis for a specified period of time, the Client acknowledges that upon completion of the trial period, payment will be taken and the contract term set to commence for a further year’s time or longer based on the attributes and services offered under the promotion.

Clause 3.10 Search Engine Submission Software
3.10.1 Search Engine Submission software is provided to the Client based on the understanding that all Search Engines operate independently of AsOne. Therefore, AsOne cannot guarantee any ranking or specific result when the Client uses this software. However, it is essential that the Client regularly submit the web site to the Search Engines, within each search engines own guidelines, so as to support the chances of obtaining better rankings.
3.10.2 AsOne acknowledges that it will make every effort to update the Search Engines Submission software at regular intervals so as to limit obsolescence but confirms that this may not always meet the expectations of the marketplace an/or the Client.
3.10.3 The Client accepts that the Client is responsible for using the software. The Client acknowledges that AsOne will not proactively operate the software on behalf of the customer for the sake of maximising the customers search engine rankings.

Clause 3.11 Website Statistics Package
3.11.1 The Client acknowledges that the AsOne Statistics Package is a tool designed to provide the customer with an indication regarding the performance of the Client’s website and that AsOne will not be liable for any generated reports that do not accurately reflect the true statistics.
3.11.2 The Client acknowledges that any updates to the website that involve uploading to the current website in which the Statistics Package relates could overwrite the code that drives the statistical reports and that it is the Client’s responsibility to ensure that after each upload, the statistics package has not been overwritten and in the event it has been overwritten, AsOne will not be responsible for the loss, whether of information or financial in nature, incurred by the Client.
3.11.3 The Client acknowledges that the Statistics Package is sufficient for websites that receive less than 30,000 hits per year and that AsOne has the right to cancel, disconnect, or instruct the Client to pay an additional fee for the Statistics Package in the event this restriction is broken.
3.11.4 The Client acknowledges responsibility for downloading the statistics compiled by the Statistics Package at least every two months and that AsOne will not be responsible for savings statistics any longer than two months.

Clause 3.12 WebMail
3.12.1 The Client acknowledges that the WebMail Package is designed to provide Client access to the Client’s AsOne eMail account without the use of the designated eMail client.
3.12.2 The Client acknowledges that the amount of e-mail saved is not to exceed 25Mb at any one time unless extra storage has been purchased. If this is exceeded, the Client understands that AsOne reserves the right to delete e-mail held on the account starting from the oldest until the account is within the specified limits or, the customer can purchase more space on the server for a fee as outlined in the AsOne Price List.

Clause 3.13 Anti-Virus Software
3.13.1 The Client acknowledges that AsOne will, at its own discretion, update its anti-virus program from time to time so that the programs will continue to detect all viruses that are both known to AsOne and analysed for detection purposes by AsOne at the first date of release of each such update.
3.13.2 The Client acknowledges that AsOne makes no warranties, conditions, undertakings or representations, express or implied, statutory or otherwise in relation to the provision of the anti-virus software.
3.13.3 AsOne hereby excludes all implied terms, conditions, and warranties. The Client acknowledges that AsOne does not warrant that the software will meet the Client’s requirements or that the operation of the software will be error free or uninterrupted or that defects in the software will be corrected.
3.13.4 The Client hereby acknowledges that the fee paid for the software reflects the allocation of risk in this agreement and also that it is not in AsOne’s control how the Client uses the software.
3.13.5 The Client agrees to use the software at its own risk and in no event shall AsOne be liable to the Client for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from AsOnes negligence) including, but not limited to, loss of profits, loss of contracts, business interruptions, loss of or corruption of data or the Client’s inability to use the software, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
3.13.6 The Client acknowledges that, as viruses are regularly created and distributed around the Internet, the anti-virus software provided by AsOne is intended to detect only specific known viruses and AsOne does not warrant that the software will detect all viruses present on the Client’s computer systems, e-mail, or networks at any given time. In addition, false virus detections might occur and, if in any doubt, the Client should contact AsOne to assess if a positive detection is correct.
3.13.7 The Client acknowledges that in the event a virus is detected in an e-mail, either incoming and/or outgoing, the e-mail will be quarantined and destroyed, after which the sender and/or receiver shall be notified that a virus was detected and destroyed.
3.13.8 If any exclusion, disclaimer or other provision contained in this agreement is held to be invalid for any reason by a court of competent jurisdiction and AsOne becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence) or otherwise, will not exceed the total fees paid by the Client dating back to the commencement of the current 12-month contract preceding such liability arising.
3.13.9 The Client shall indemnify AsOne and keep AsOne indemnified against all and any losses, costs, damages, liabilities, claims, demands and expenses suffered or incurred by AsOne arising out of or connected with any third party claims which arise from the Client’s provision of the services. The Client shall maintain in force at all times insurance sufficient to cover its losses.
3.13.10 The Client acknowledges that only e-mail sent via the Anti Virus Software will be scanned and that any use of SMTP mail on the Client’s account may result in inbound and/or outbound e-mail not being scanned by the software given the nature of how SMTP mail operates.

Clause 3.14 Content Management Software
3.14.1 The client acknowledges that, if AsOne, following a review of the Client’s website, finds that it is unable to convert the Client’s website for the license fee (if any) as paid or quoted, an additional payment of a supplemental license fee may be required as a condition prior to the converting of the Client’s website. Any agreement between the Client and AsOne relating to the grant of the software license based on the payment of such a supplemental license fee will also be incorporated in these terms.
3.14.2 The Client acknowledges that in the event the Client uses the content management software to make alterations to the Client’s website, AsOne shall be in no way liable for any subsequent effect this may have on the HTML (or other web design oriented) coding. The Client also acknowledges that they are to take due care and understand any possible consequences that may occur when making changes to the HTML (or other web design oriented) coding before using content management software.
3.14.3 It is the Client’s responsibility to ensure that the Client make a back-up copy of the web site before making any modifications using the content management software as AsOne will not be able to reinstate any previous versions.
3.14.4 The Client acknowledges that Content Manager is a tool that can be used to edit static HTML within the Client’s website but that any other design formats apart from static HTML (for example Flash, ASP, Cold Fusion etc) cannot be manipulated within the software.

Clause 3.15 Online Payment Providers
Coming Soon.
See relevant Payment providers website for more information.

Clause 3.16 Optimisation
Coming Soon.

Clause 3.17 Data-backup services
Coming Soon

Section 4. Hardware & Software
Coming Soon

Section 5. ADSL
The Client acknowledges that the contact for ADSL is between the client and the supplier.

Section 6. Marketing & Advertising
Coming Soon