Introduction
Intrica Ltd (“Intrica”) provide World Wide Web (“WWW”) hosting service and domain name registration and maintenance services. Intrica also provide Internet connectivity services and software and hardware products. This agreement constitutes the entire agreement (“the Agreement”) between Intrica and you and supersedes any written or oral representations, statements, understandings or agreements. By using Intrica’s services, you confirm your acceptance of and agree to be bound by this Agreement.
The User agrees that all terms and conditions herewith published shall be binding and that should there be a contradiction between product-specific terms and conditions or schedule, and general terms and conditions, the product-specific terms and conditions or schedule shall apply.
Agreement to Terms and Conditions
This Agreement takes effect on the date on which you first use or test Intrica or when you pay for our services, whichever is the earliest. From time to time, it will be necessary to update these terms and conditions. We will endeavour to give you, wherever possible, 7 days notice of any change and you agree to be bound by the new terms and conditions by your use of the system after the implementation date for them. This notification may be electronic and can take place via the Intrica Web Site (http://www.intrica.net) or via other electronic media such as e-mail.
Intrica reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our system or networks. Should you find any new terms and conditions unacceptable, then you will, at Intrica’s discretion, be granted a refund of any unexpired part of your subscription and you agree that, save for this refund, you will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of your subscription or Intrica may at its discretion and in writing, allow the duration of your existing service to expire under the terms of the old terms and conditions.
Intrica may refuse any order that specifies conditions that conflict with anything contained in this Agreement or conditions that Intrica, at its sole discretion, finds unacceptable.
You are responsible for reviewing regularly information posted online in the terms and conditions pages or the news section of our web site.
Information Provided by Customer to Intrica
You warrant that the name, address and payment information that you provide when you join Intrica is correct and you agree to notify Intrica of any changes in the name, address and/or payment details. Intrica cannot be held responsible in the event of a loss of domain name, web services, or ability to use software where caused by your failure to keep us up to date about your contact details. You agree that Intrica may disclose your name and address where there is any complaint about the content of your pages or in relation to goods or services advertised there, and that Intrica may co-operate with the Courts or law enforcement agencies in the event of possible criminal or actionable civil liability.
You warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and that you will us Intrica services in accordance with this Agreement and in conjunction with our Acceptable Use Policies as notified from our Web Site. You agree to be responsible for the use of Intrica services and to comply with your responsibilities and obligations as stated in this Agreement.
Usage of Intrica’s computer network
Intrica will not monitor the contents of your pages or any activity on your account be it e-mail or browsing or other forms of online activity, except insofar as to monitor usage levels. Files that you upload to your web-pages are subject to withdrawal without notice by Intrica upon complaint about their content where Intrica at their sole discretion deem this necessary.
You warrant the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) that you place on your web pages. You warrant that you are authorised to promote any information which you do so on your web pages (for example if you are providing financial information, that you hold any necessary authorisation required under the Financial Services Acts etc.). Furthermore, you agree to indemnify and hold harmless Intrica in the event of any third party action related to the content of your pages.
You agree to keep secure your Intrica identification, password and other confidential information relating to your account. We cannot make any guarantees that unauthorised users or hackers will never infiltrate the system. The Internet is inherently insecure and your data pages may not be secure against hackers and that risk is taken totally by yourself.
If you find evidence of infiltration, you must let us know and we will take steps both to try and prevent escalation and to notify the proper authorities. You are personally responsible for the use of your account and the secrecy of your password. If you are a corporate user then the company is also responsible, together with the individual using the account. In addition, you are deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged in by using your correct account ID and password.
You must also tell us immediately if someone steals your password or if you find someone else is using your ID. We will change your password for you in such an instance.
You agree to cooperate with us and the Police concerning any legal action taken arising from the misuse of your account by anyone else. You are entirely responsible for the content of your web pages. You will only use your web-pages as laid out in the Intrica Acceptable Use Policy (http://support.intrica.net/acceptable-use.htm).
You are entirely responsible for any civil or criminal liability that is incurred as a result of your use of your web pages. We undertake not to look at the content thereupon except where we have reasonable cause to do so in order to protect the continued use of the system or our reputation or we have cause to believe that our terms and conditions are being breached.
Advertising on Intrica
If you advertise or offer to sell goods or services via your web pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc. If you are advertising goods in the course of a trade or business this must clearly be stated. Intrica reserves unconditionally and at its sole discretion the right to withdraw pages or other services in order to prevent damage (or the likelihood or threat thereof) to its system or reputation or otherwise for its security, safety or continued operation or upon legal advice. If such withdrawal occurs, then you will be deemed to have expressly authorised Intrica to make any disclosures to the relevant authorities or other bodies that it reasonably considers necessary or appropriate.
Termination
Intrica may terminate your subscription at any time, with or without cause, upon reasonable notice. You may also do the same. Where Intrica terminates your subscription with cause for instance as a result of a breach of Terms and Conditions or our Acceptable Use Policy, or you terminate your subscription, you will not be entitled to any refund of any unused part of your subscription.
Intrica expressly reserves the right to terminate or suspend your subscription without prior notice should you fail to comply with these Terms and Conditions or should Intrica deem at their sole discretion that such action is necessary or prudent in order to protect our interests. In such circumstances Intrica will confirm such termination or suspension by subsequent notice. Save for any refund of unused parts of the subscription as above, you will not be entitled to any compensation whatsoever in the circumstances of termination and Intrica will not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances.
After termination of your account, Intrica may if they deem it applicable at their sole discretion post a redirection to any new URL should you desire this.
Payment of Charges
You agree to pay all charges for your use of Intrica services at the prices in effect at the beginning of your subscription period or in respect of renewal subscriptions, the prices in effect on the renewal date thereof. Current charges are normally shown on our web pages at http://www.intrica.net or upon request. Intrica reserves the right to change prices or institute new charges for use of Intrica services at any time. All changes will be posted online.
Payment of your account balance is due at inception and subsequently on the anniversary thereof. Where payment is not made by the due payment date, your account may be suspended or terminated at our discretion.
In respect of continuation of existing services, Intrica will endeavour to issue a reminder up to 21 days prior to the end of an annual service. You then have to confirm your intention to continue with the service or to cancel the service in writing. Any renewal subscription not required, be this domain name renewals or web site or connectivity arrangements, must be cancelled by notification received by Intrica in writing (not email) at least 7 days before the subscription renewal date.
If Intrica has not received notice in writing (not email) of your wish to terminate a particular service at least 7 days before the subscription renewal date then you will automatically become liable for payment for the new period but the service may be suspended until payment is received. Intrica reserve the right to withhold any services from you and to take any lawful means to recover the outstanding amounts.
If you should wish to transfer a domain name or names elsewhere, any and all outstanding charges due to Intrica must first be settled in full before any transfer is made. In the case of a domain name that has not been cancelled before the expiry date, the full cost of renewal must be paid before the name may be transferred.
In the event that a domain name transfer request has been made against a live domain name in use with a service that has NOT been cancelled in accordance with these terms and conditions there will be a release fee of £45 irrespective of whether an invoice has been issued against that service or not.
Under normal circumstance Intrica do not charge a release fee for domain name transfers.
Debt Collection Policy
Should Intrica be forced to call in a debt collection company to recover monies owed to us by you or your agent or be forced to seek Court action, Intrica reserves the right to levy a surcharge in addition to any outstanding amount. Should we be forced to take legal action to recover debt then we will apply interest to the amount outstanding at the relevant prevailing rate for the whole duration of the debt.
Software and Hardware Products
Software and hardware products sold by Intrica are sold under the terms and conditions issued by the vendor. Through purchase of the product you agree to be bound by those terms and conditions as well as Intrica’s terms and conditions. Title to all software and hardware remains with Intrica until full payment is made for the products purchased. Intrica reserve the right to repossess software keys and resell these, thus cancelling any right to title by you, and thus nullifying your rights to use that software, where full payment has not been received by the due date. Intrica will notify you of such action in writing pointing out that continued use of such software can render you liable to software piracy charges.
Storage & Bandwidth
Your annual subscription covers the cost of a predetermined amount of file storage as notified to you. We reserve the right to charge for additional space used at our current rates in force at any time where this limit is exceeded. You will be notified of such a breach and given the opportunity to clear some data or to pay a surcharge at the prevailing price rate.
Intrica reserves the right to monitor bandwidth used and bandwidth supplied upon demand and will use best endeavours to meet any reasonable demands on the system, however Intrica reserves the right to implement any restrictions on available bandwidth in order to protect system integrity. Bandwidth will be supplied subject to connectivity by any supplier as deemed appropriate by Intrica at their sole discretion.
An unlimited hosting package is only subject to a dynamic fair usage policy, which would come into force at the point where your hosting account is having a detrimental effect on other customers. Unmetered services will be subject to fair usage as determined by Intrica.
Intrica will not accept liability for failures in available bandwidth which are outside normal usage or which occur due to force majeure, matters outside Intrica control or which are not reasonably foreseeable.
Web Site Hosting
The Customer recognises that using Intrica’s Website hosting Service requires a certain level of knowledge on the Customer’s or its web development agency’s part, without limitation for example knowledge of hyper text mark up language or file transfer protocol and other protocols, languages and software, and that it is the Customer’s or its web development agency’s responsibility to upload the content of the Customer’s Website and to check such content functions satisfactorily. If requested by the Customer, Intrica may supply web development services to assist the Customer to exploit its Website hosted on an Intrica Server. The Customer warrants that it has the necessary knowledge referred to above and acknowledges that whilst Intrica may endeavour to assist the Customer on a ‘good-will’ basis, it is not the responsibility of Intrica to provide such knowledge or to provide the Customer with support and assistance in relation to its Website hosted by Intrica unless otherwise agreed in writing with Intrica.
Search Engine Notification
Intrica may provide basic search engine notification as a standard feature with some of our hosting packages. Please note that this is not intended as a substitute for good intelligent, search-engine friendly web site design. All we do as part of the process is inform a number of search engines of the fact that your site exists. Any prominence in the search engines is not, and cannot be, guaranteed since in most cases it is dependant on the way that a web site is structured, prominence given to words in the Page Title, Meta Tags, frequency of words on specific pages and much more. Intrica can provide additional consultancy to aid you in search-engine friendly web site design but this is not part of the notification process.
Domain Names
Intrica will not be responsible for domain name or other related charges. Prompt payment of these are a matter for you and Intrica will accept no liability in relation to payment or non-payment of these charges or any dispute in relation to domain names.
Intrica reserves the right in the event of disputes concerning domain names to suspend the use of domains, to impose a homepage redirect system or other systems which is at its sole discretion considers necessary or prudent. Intrica will usually only act upon court order or legal advice in relation to domain disputes and will seek wherever possible to notify you of any action to be taken in advance. Intrica will not accept any liability for actions taken in relation to name disputes and you indemnify Intrica for any legal or other costs, charges, damages, fines or other financial consequences in relation thereto.
Title to domain names, where a registration has been paid for by Intrica but not by you the client, will remain with Intrica until full payment is received. Any attempt to move a domain prior to payment will be refused.
Mail & Back Up Policy
Intrica will under no circumstances monitor the content of any client mail routed via Intrica or systems hosted by Intrica, save under authority of law or court order. Mail is entirely your responsibility and you are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. Intrica will take all reasonable steps to ensure accurate and prompt routing of messages but will not accept any liability for non-receipt or misrouting or any other failure of mail. You are reminded that sensitive mail should be sent with the use of suitable encryption procedures and that these encryption procedures should comply with the laws of both sender and recipient where possible.
Intrica will not accept responsibility for losses or data or other information due to hardware failures and back-up of your mail facilities is entirely your responsibility. Intrica do operate a backup policy on our web servers and will attempt to restore in the event of systems failure. You should ALWAYS keep backups of your data stored on our web servers and whilst Intrica will restore data to speed up the process of disaster recovery, we do not accept any liability or provide any warranties as to the integrity or accuracy of restored data.
Exclusion of Warranties and Limitation of Liability
Intrica and all Intrica services are provided “as is”, and Intrica makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. Intrica will at all times endeavour to maintain an uninterrupted and error-free service. However Intrica make no representations or warranties regarding the services provided by them and do not warrant that use of Intrica services will be uninterrupted or error-free, or that Intrica services will meet any particular criteria of performance or quality.
Intrica will at all times use endeavour to maintain and safeguard your data on its system. However Intrica accepts no responsibility for any damage to data or the loss thereof. Intrica expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
Your use of Intrica services is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your use of the system and the content of your pages. You also accept full responsibility for safeguarding your own data. Notwithstanding contrary clauses in this Agreement, in the event that. Intrica are deemed liable to you for breach of this Agreement, you agree that Intrica’s liability is limited to the amount actually paid by you for your monthly subscription. You hereby release Intrica from any and all obligations, liabilities and claims in excess of this limitation.
No waiver or inaction by Intrica of any rights or remedies herein will act to prevent Intrica acting or asserting the same or similar rights at a later time in relation to use of the system.
Intrica does not accept any responsibility whatsoever for anything posted on the system (except by one of our staff or authorised representative) and you agree by using the system that Intrica will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if Intrica has been advised of this possibility and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds and you agree to indemnify Intrica and hold Intrica harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of your actions on the system or materials or information transmitted by you in connection with the system. This means that you may be liable to pay Intrica where other callers or third parties make claims against Intrica.
Indemnity for System Misuse
If you post a defamatory/libellous message, it is you that publish it and you that will be liable for the consequences of it. You will also be liable for and by your use of the system you agree to indemnify us for our reasonable legal costs incurred in defending any defamation or libel action caused by your page content and you agree to indemnify us for any damages which are awarded against us by a court of law or which we pay as a result of settling such an action upon legal advice.
You will also be liable for and by your use of the system you agree to indemnify us for our reasonable legal costs incurred in defending any other criminal or civil action caused by your page content or use of the system and you agree to indemnify us for any fines, damages or other penalties or financial sanctions which are awarded against us or become payable by us at any time by a court of law or which we pay as a result of settling such an action upon legal advice.
For the avoidance of doubt, you agree to indemnify Intrica from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of your web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.
Intrica will notify you promptly of any claim for which Intrica seeks indemnification at the currently supplied address. Intrica will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Intrica’s interests, as determined by Intrica at its sole discretion.
Assignment of Rights
You will not assign this Agreement or any benefits or interests arising under this Agreement without the prior written consent of Intrica. Intrica may, at its sole discretion, assign this Agreement or any benefits or interests arising under this agreement.
General Terms
Intrica reserve the right to do normal system housekeeping such as creating back-ups AND does not accept any responsibility for ensuring backups work. Your data security is your own responsibility.
If Intrica suspects illegal activity, we may notify the authorities and reserve the right to do anything on the system that our lawyers advise us to do in the protection of the system.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Intrica as a result of your use of Intrica. You agree not to hold yourself out as a representative, agent or employee of Intrica. You agree that Intrica will not be liable by reason of any representation, act or omission to act by you.
Intrica’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Intrica’s right to comply with law enforcement requests or requirements relating to a Subscribers use of Intrica or information provided to or gathered by Intrica with respect to such use.
Severability
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
Governing Law
This Agreement is governed by the laws of England and Wales you consent to the exclusive jurisdiction and venue of the nearest, or most appropriate County Court or High Court to Intrica’s offices in any and all disputes arising relating to this Agreement.
WARNING: PLEASE NOTE THAT IF YOU BREACH THESE TERMS AND CONDITIONS, YOUR INTERNET SERVICES MAY BE IMMEDIATELY WITHDRAWN.
Updated 1st March 2005
