Terms of Service

By using any service provided by Network Online Limited, you indicate your acceptance to be bound by our Service Agreement that consists of our Terms of Service and our Acceptable Use Policy. Acceptance of this Service Agreement forms a legally binding contract but does not affect your statutory rights if you are a consumer.

  1. Definitions
    1. "Terms of Service" refers to the clauses in this document
    2. "Acceptable Use Policy" refers to the clauses in our Acceptable Use Policy.
    3. "Service Agreement" refers to our Terms of Service and Acceptable Use Policy
    4. In this Service Agreement "you" and "your" refer to each customer, and "we", us" and "our" refer to Network Online Limited.
  2. Supply
    1. We shall use reasonable endeavour to provide our services to you to the extent described in our web site or any supporting documentation which shall be deemed and incorporated into this Service Agreement.
    2. We reserve the right to alter or withdraw any service provided on giving you prior warning.
    3. You shall not authorise or permit any other party to use our services for the transmission of any material which is in violation of any law or regulation or which is defamatory, menacing, obscene, in breach of third party intellectual property rights (including copyright) or trade secrets, or is in breach of our Acceptable Use Policy. Any breach of this clause will be deemed to be a material breach of this agreement and for this purpose it shall be irrelevant whether you are aware of the content or illegality of any material so transmitted or not.
    4. You acknowledge that we are unable to exercise control over the content of the information passing over the internet or our network and we hereby exclude liability of any kind for the transmission or reception of infringing information of whatever nature.
  3. Limitation of Liability
    1. Our services are provided on an "as is" basis and we make no warranties, representations, or conditions, whether express or implied, to the completeness, accuracy, satisfactory quality, merchantability, or fitness for a particular purpose.
    2. Nothing in this Service Agreement shall exclude our liability in respect to death or personal injury arising from our negligence.
    3. Save as expressly set out herein, we hereby exclude to the fullest extent permitted by Law, liability for any claims, loss, demands or damages of any kind whatsoever with respect to the services or information we provide including, without limitation, direct, indirect, special, incidental, or consequential, loss or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise, the cost of procurement of substitute services, and whether or not the possibility of such loss has been notified to us. The foregoing will apply whether such claims, loss, or damage arise in tort, contract, negligence, under statute or otherwise.
    4. In any event our liability to you in respect of an event or series of connected events arising out of or in connection with this Service Agreement, whether in contract, tort (including negligence), statute, or otherwise, shall be limited to all sums paid in respect of the services being provided and shall not exceed the equivalent monthly charge in effect at the time the liability occurred. For the avoidance of doubt, the equivalent monthly charge is one-third of the amount paid when paying quarterly and one-twelfth of the amount paid when paying annually.
    5. If you are in breach of this Service Agreement at the time in respect of the event or series of events leading to the claim for liability, no liability will exist.
    6. Each provision of this Clause 3 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstance.
  4. Order Process
    1. All orders that you place on our website will be subject to acceptance in accordance with these terms of service.
    2. The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from us
    3. Acceptance of your order and the completion of the contract between you and us will take place once you have paid your invoice by the payment due date or once your hosting plan has been set-up and confirmation of the log in details are sent to you, whichever is sooner, unless we have notified you that we do not accept your order.
  5. Price and Payment
    1. The charges payable by you for the provision of the Services are set out in our web site or quotation. We reserve the right to change our prices at any time, but all prices are guaranteed for the period of prepayment (the minimum contract period).
    2. All sums due to us under the Service Agreement are quoted exclusive of Value Added Tax.
    3. All charges and payments are due by the "Payment Due Date" specified on our invoice.
    4. All invoices and statements are sent in PDF format and via email. It is your responsibility to ensure you can read documents in that format and that you have a functioning email service and email address that can receive these documents from billing@network-online.co.uk.
    5. If you change your billing address, the billing contact name, or the email address that invoices are to be sent to, you must inform us of these changes by sending an email to billing@network-online.co.uk.
    6. If we are unable to collect payment from you as it becomes due under the Service Agreement, or in the event of default on payment by you, this will constitute a material breach of the Service Agreement.
    7. We shall have the right to require you to pay all sums due under the Service Agreement on demand.
    8. All payments due under the Service Agreement shall be made by you in full without any right of set-off. Failure to pay all sums due is a material breach of the Service Agreement.
    9. If your cheque is returned by the bank as unpaid, for any reason, you will be liable for a "returned cheque" fee of £25.
    10. Payment is required before any services are provided. At our sole discretion, we may provide services before payment is made, or continue to provide services after your account is in arrears, but you will still be liable for all charges. Until full payment is made you will be in material breach of the Service Agreement.
    11. Accounts in arrears may be charged interest on the outstanding balance at an annual rate of 8% above Royal Bank of Scotland's base lending rate. Interest will be added daily. Interest is added at our sole discretion and must be paid in accordance with The Late Payment of Commercial Debts (Interest) Act 1998.
    12. Invoices will be deemed to have been delivered on the day of sending.
    13. The payment period selected, whether monthly, quarterly, or annually, shall be construed as being equivalent to the minimum contract period. The exceptions to this will be any "E-Commerce Plan" or "Reseller VPS Plan" where quarterly payments are required, but the minimum contract period will always be one month duration.
    14. This agreement will continue automatically on a monthly, quarterly, or yearly basis, depending on the service subscribed to and the chosen payment period unless terminated in accordance with Clause 6.
    15. You may change the minimum contract period at any time by providing at least 30 days notice before the next renewal date. The minimum contract period for any "E-Commerce Plan" or "Reseller VPS Plan" will always be one month duration.
    16. Late Payment
      If your account is in arrears it is a material breach of our Service Agreement. Without prejudice to our rights to terminate or suspend your account with immediate effect and without notice in accordance with Clause 6.1 and 7.1 respectively, we may, at our sole discretion, carry out the following procedure:
      1. Payment not received on date due - A reminder will be sent.
      2. Payment is 2 days late. All support services for your account will be suspended and no support will be provided irrespective of the reason for the support request and irrespective of whether there is a problem with the provision of any service.
      3. Payment is 4 days late. Web sites and Email services will continue to operate, but access to all areas, including, but not limited to, the dedicated server, the Control Panel, and FTP access, will be suspended.
      4. Payment is 7 days late. Email and websites will be suspended and will no longer be available. The account will now be fully suspended in accordance with Clause 7.
      5. Payment not received within 14 days of payment due date - The account will be terminated without further notice and all files will be deleted from all servers and backups.
      You must not rely upon this procedure being applied to your account. In most cases, an account will be suspended immediately if payment is not received on or by the payment due date on the invoice.
  6. Termination & Cancellation
    1. We may, without prejudice to our other rights, terminate this Service Agreement immediately if:
      1. you breach any clause under these Terms of Service.
      2. you breach any clause under the Acceptable Use Policy
      3. we are obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, to cease to provide any service provided to the customer.
      4. the provision, or the continued provision, of any service to you would give rise to, or cause, disruption to the full use of the services offered by us.
    2. Without prejudice to our rights of termination under Clause 6.1, we shall have the right to terminate the Agreement by providing at least 28 days notice. Termination notices will be sent by email to the last email address on our billing system, and the email address used to open your account. Termination emails will be deemed to have been delivered on the date they are sent. It is your responsibility to ensure that you keep your contact details and email addresses up-to-date within HELM (if relevant) and with billing@network-online.co.uk.
    3. You may terminate this agreement at any time by providing us with a minimum of 7 days notice before the next renewal or payment date.
    4. To terminate the agreement you must send an e-mail to billing@network-online.co.uk. Cancellation requests by telephone will not be accepted. In the case of termination by you, the following procedure must be used to confirm the termination. No other method of termination is acceptable.
      1. Your termination email will be replied to by an email from billing@network-online.co.uk. This email will contain a unique reference number and will be sent to the last email address recorded in our billing system.
      2. You must respond to this email and quote the unique reference number in your reply.
      3. A final email will be sent from billing@network-online.co.uk confirming the termination of your account.
      4. In the event that your contact email address has changed within the last 60 days, or we are unable to confirm the identity of the person terminating the Service Agreement, we may ask that you confirm the termination by sending us a letter on official headed paper from your company, or else provide another satisfactory means of identification. Until confirmation of identity is received you will continue to be liable for all charges.
      You must follow this procedure to confirm your termination of your account. Failure to follow these steps will mean that your account will not be terminated, and you will continue to be liable for all charges.
    5. In the event of termination initiated by you, no refund will be given on pre-paid charges, or unused credit. No refunds are provided for set-up fees, Domain Name purchases, or minimum contract periods. The exceptions to this are any "E-Commerce Plan" or "Reseller VPS Plan" where 7 days notice can be provided at any time and refunds will be provided for each complete unused month after the 7 day notice period for that service, however, no refunds are provided for set-up fees, one-off fees, or charges for additional software that has been leased from us for use on a VPS.
    6. In the event of termination initiated by us, pro-rated refunds will be given on pre-paid charges, or unused credit, unless the cancellation was initiated because of a breach of the Terms of Service or Acceptable Use Policy in which case no refunds will be provided.
    7. In the event of termination by us, you will still be liable for any outstanding debts.
    8. Improper use of our services will constitute a material breach of the Service Agreement and shall entitle us to terminate the Agreement pursuant to Clause 6.1.
  7. Suspension of Services
    1. We may suspend the provision of any Service, in whole or in part, without notice, and with immediate effect, if:
      1. We have the right to terminate the Service Agreement.
      2. In our reasonable opinion, you are in breach of these Terms of Service.
      3. In our reasonable opinion you are in breach of our Acceptable Use Policy.
      4. We are obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority,
      5. the provision, or the continued provision, of any service to you would give rise to, or cause, disruption to the full use of the services offered by us.
      6. Work must be carried out relating to the upgrading or maintenance of the server network or associated hardware or software.
    2. If we exercise our right of suspension, this will not exclude our right to terminate this agreement, nor will it prevent us from claiming damages from you if you are in breach of the Service Agreement.
    3. A reinstatement fee of £30 for each domain will be charged if your account is suspended due to a breach of our Terms of Service or Acceptable Use Policy. This fee will be payable before reinstatement occurs and funds must be cleared before files and accounts are reinstated. You will be responsible for recreating all FTP and Email user accounts.
    4. If you terminate your account while suspended, or your account is in arrears, no files, databases, or other records will be released until full payment has been made and funds have cleared. Payment by cheque or money transfer will be required.
    5. If you terminate your account while suspended, you will still be liable for all outstanding debts and costs.
    6. If an account has been suspended, all files will be deleted from our servers after 7 days and we will be unable to recover them from any backup.
  8. Indemnity
    1. You agree to indemnify and hold us harmless from any claim brought by a third party resulting from the use of our services by you, including but not limited to infringement of any intellectual property right of any kind, legislation or regulation. You shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) howsover suffered or incurred, and any judgements awarded against us arising from such claims. You shall provide us with notice of such claims, giving us full authority to defend, compromise or settle such claims, and provide us with reasonable assistance necessary to defend such claims, at your sole expense.
  9. Security
    1. You are responsible for maintaining the security of your passwords and for using strong passwords where a password is required. No representative of Network Online Limited will ever contact you to request your password unless you have requested support and they require your password and username to provide this support. If you are in any doubt at all, DO NOT provide your password.
    2. You shall keep secure any password or other confidential information relating to your account and you shall notify us immediately of any known or suspected unauthorised use of your account or of any breach of security including theft, data loss, or unauthorized distribution of your password or security information.
    3. Any attempt to connect to, edit, delete, manipulate, or view a record or information that you do not have the explicit authority to access, or to attempt to gain access to services or servers that you do not have explicit authority to access, is a material breach of these Terms of Service. If we determine that such attempts were deliberate, and not the result of a system error, your account will be terminated immediately in accordance with Clause 5.1. For the avoidance of doubt, each user only has explicit authority to access files within their own domain directories on each web server, and the specific files on other servers including database servers, FTP Servers, DNS Servers, email servers, and statistics servers, that have been set up specifically for that customer in relation to a service that is being provided by us.
    4. You must ensure that any content or any file loaded on to our servers does not contain any unauthorised code and is free of viruses, worms, Trojans or other malicious code, and does not cause damage to, or affect integrity and performance of the server and its databases, or affect our ability to provide our services without interuption. Failure to do so is a material breach of our Terms of Service, and you will be liable for all costs required to repair any damage caused. For the avoidance of doubt, malicious or unauthorised code can be interpreted as:
      1. Unauthorised code (contained within a legitimate program or script, or image) that performs functions unknown to and/or not specifically authorised by us
      2. A legitimate program that has been altered by the placement of unauthorised code within it that performs functions unknown and/or not specifically authorised by us
      3. Any program that appears to perform a desirable and necessary function but that (because of unauthorised code within it) performs functions unknown to and/or not specifically authorised by Network Online Limited
      4. Unauthorised code designed to conceal itself and/or destroy data, or read data that you have not been specifically authorised to view
  10. Data Protection
    1. We reserve the right to put the names and other information from the registration form relating to the customers into a computerised directory for internal use, unless specific written instructions are received from the customer and the information is not required for the operation of any services provided to the customer or in order to comply with any statutory policy.
    2. We reserve the right to provide information concerning your account and activities whilst using our services if we are requested to do so by the police or a regulatory or government authority in investigating illegal activities.
  11. General
    1. Other than in respect of your obligation to make payments, neither party shall be liable in respect of any breach of this contract due to any cause beyond its reasonable control including but not limited to acts of God, flood, lightning or fire, industrial action, act or omission of Government or other competent authority, riot, war or act or omission of another party for whom that party is not responsible.
    2. We shall have the right to modify the Service Agreement at any time.
    3. The Service Agreement is governed by and shall be construed in accordance with the laws of Scotland and you hereby submit to the exclusive jurisdiction of the Scottish Courts.
    4. These Terms of Service, and our Acceptable Use Policy, represent the entire agreement between the parties. In agreeing to this Service Agreement you have not relied upon any other representation other than those expressely stated in these terms or service and our Acceptable Use Policy and you agree that you shall have no remedy in respect of any misrepresentation which has not been expressely stated in this agreement.
    5. You shall not assign or purport to assign or otherwise deal with any of your rights and obligations hereunder, except if expressly agreed in writing by us.
    6. We shall have the right to assign, sub-contract or otherwise deal with all or any of our rights and obligations under this Service Agreement to any third party.
    7. Any changes to the Service Agreement will be immediately posted on to this page on the Network Online Limited website. You should check our web site on a regular basis for changes to the Service Agreement.
    8. We are authorised by you to remove or modify any data submitted by you for any reason we feel constitutes a violation of our policies, whether stated or implied.
    9. Headings are included for convenience only and shall not affect the construction or interpretation of this Service Agreement
    10. You are aged 16 years or over.