General
You agree that the payment of any invoice, such as and including this document will constitute your acceptance of these terms and conditions and any additional requirements stated in any accompanying letter, in their completeness.

You agree to indemnify and to keep Succeed Systems Ltd. fully and effectively indemnified at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including without limitation, legal expenses) arising directly or indirectly from:

You agree to provide all requests for changes, amendments or cancellation of service(s) in writing on dated official notepaper (for organisations and companies) or addressed and dated notepaper for individuals. In all instances requests must be signed by a Director or Senior Partner (for the organisation or company named on the front of this invoice) or by the individual named on the front of this invoice.

You agree that in no event shall Succeed Systems Ltd's liability to you whether in tort, by statute or otherwise exceed the value of this invoice stated over.

You agree that in no event shall Succeed Systems Ltd. be liable to you whether in tort, by statute or otherwise where our invoice re-sells the service(s) or products of a third party or parties.

You agree that these terms and conditions are exclusively governed by English Law and by applying for our services, either paid for or free of charge, you and Succeed Systems Ltd. submit to the exclusive jurisdiction of the English Courts.

For the avoidance of doubt, neither the types of loss and/or damage specified anywhere in these clauses nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these terms and conditions.

Internet Connectivity
Succeed Systems Ltd. cannot guarantee optimum connectivity to the internet (or for more serious occurances any connectivity) to all areas of the Internet at all times, and no guarantee is made as to the availability of connectivity, speed of connection nor reliability of connections once established, including but not limited to loss of use, corruption of data or other information, downtime or costs or damages relating to your procurement of any substitute services.

You agree that, where loss of service is apparent (whether the result of failure in the services provided by Succeed Systems Ltd. or a third party) and is less than 48 hours aggregate within the calendar month following your initial report of failure, you do not automatically become entitled to hold responsible Succeed Systems Ltd., nor does this automatically entitle you to transfer-away your services to another provider.

Payment, Renewals and Cancellation
Our service is supplied on an automatic rolling renewal basis. We will issue your service renewal invoice early in the calendar month during which your service renewal is due. You agree that it is your responsibility to ensure that you send payment within 30 days of the invoice date. Where timely payment is not made we reserve the right to suspend all service until the arrears are settled. Where service is suspended due to failure to pay in a timely manner, how-so-ever caused, you will not be entitled to transfer-away your services to another provider.

You agree that, should you wish to cancel this contract at any time, you must do so in writing to the office address given on the front of the Invoice. You agree that your letter must give at least 30 days notice from the date of the postmark and that you must settle the outstanding balance of any unpaid account subject to any minimum service period.

The letter must be dated and signed by the individual or responsible signatory named on the applicable service invoice.

You will be sent notification by e-mail (or in writing at our discretion) at least 30 days before the renewal of your service is due.

The renewal notice will be sent to the e-mail contact that was advised to us at the time your service was supplied, either directly from yourself or via any consultant that has provisioned our services on your behalf. This e-mail will enable you to determine whether you wish to renew your service with us (subject to any minimum service period) and if not to issue cancellation notice within the terms of the contract (30 days notice in writing as above). You agree to advise us of any change to this e-mail address.

Each Registrar has mechanisms in place designed to alert the billing contact for a particular domain when it is time to renew the domain name registration. This does not necessarily co-incide with the renewal date of our service. We will use due diligence and professionalism in persuing the renewal of your registration fee (this fee is paid by us as part of the services we provide as long as you continue to renew your service with us) however, we will not be liable for failure to renew any registration as the ultimate responsibility lies with the registrant (or legal owner) of any domain name. In addition, you agree to indemnify us as described in the 'General' clauses above and elsewhere in these terms and conditions.

Third Party Products
You agree all third party products are supplied in accordance with both our terms and conditions and those terms and conditions as laid down by the third party service provider - this may include, but is not limited to, ADSL, Dial Up Networking, Domain Name Registration Registrar Service and other services as provided by Succeed Systems Ltd. from time to time to provide the total service or services persuant to this contract.

You agree that where a dispute should refer to a service which is found to be provided by any third party, then the terms and conditions of the third party will at first be applied, but where any of our terms and conditions shall be in our better interests then our clause will be final.

At all times you agree that Succeed Systems Ltd. shall be indemnified against all liabilities that might be placed upon them, or where it is implied that liability is placed upon them, by the terms and conditions of the third party strictly unless agreed to in writing to the contrary on Succeed Systems Ltd. notepaper and signed by the Managing Director.

Please ask if you require a copy of the current terms and conditions for any third party services we might have provisioned on your behalf. We will be pleased to obtain them on your behalf.

Consultancy
Where our service is provisioned on your behalf by an independent consultant, organisation or otherwise, we reserve the right to apply these terms and conditions and then those of any third party service we have provisioned persuant to the contract before those of the independent. In any case, you agree to indemnify us as described in the 'General' clauses above and elsewhere in these terms and conditions.

Should our service charges be billed direct to your consultant, you will not be entitled to know the details of these charges at any time.

Should your service renewal when due be directly between you and us then you will, of course have the opportunity to asses our fees prior to accepting our renewal invitation.

You agree that, irrespective of any agreement that you might have with your consultant, that we are entitled to invoice you, and expect you to pay, for any service renewal that is within the minimum service period should the liability for renewal payments be declined by your consultant. This is subject to not having received a timely cancellation request.

You agree that changes to your service that might be requested by your consultant, in writing or by e-mail if implemented by us (unless we have reasonable grounds not to do so) are to be made by us on receipt of the request. You agree to indemnify us as described in the 'General' clauses above, in addition to which you agree that your express request in writing is not required by us to complete the changes requested.

Mailing List Server
If you are using our Mailing List Server service, you agree that you will not transmit unsolicited or commercial material other than that for which the target individuals have volunteered their information for this purpose. Also not the sending of pyramid scheme material (Get Rich Quick), chain letters, malicious or threatening material, and material which contains falsified or missing header information. This section refers to but is not limited to email and news (usenet) messages.

You agree not to partake in any activity which causes offense, annoyance, harassment or anxiety purposefully or which involves obscene, indecent or defamatory material.

Minimum Service Period
Most of our services have a minimum contract period, known as the 'Minimum Service Period' - where any service we provide is billed to you the following minimum periods apply and over-ride any minimum service period stipulated by any relevant third party:

Other services not mentioned here may also have a minimum service period - in such cases this will be stipulated in a covering letter which will together with these terms and conditions constitute the whole contract.

Tel: 0870 444 1387 (calls charged at BT National Rate)

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