Web hosting terms and conditions

1. SERVICE DESCRIPTION

1.1 The Service provides web hosting and domain name services as described at
http://www.btbroadbandoffice.com/internetapplications/webhosting and will be provided to the Customer at the Site.

1.2 The Service may be ordered either by telephone or online at http://www.btbroadbandoffice.com/internetapplications/webhosting in which case these terms and conditions apply from this point.

2. RESPONSIBILITIES OF BT & THE CUSTOMER

2.1 The Customer will need internet access provided by BT or by another provider. BT provides no guarantee that all features of the Service will work with internet access provided by a third party.

2.2 It is the responsibility of the Customer to activate the Service at www.btbroadbandoffice.com.

Use of Webspace

2.3 The Service is subject to webspace and bandwidth usage limits as set out at http://www.btbroadbandoffice.com/internetapplications/webhosting

2.4 BT may take action to suspend or terminate the Customer's use of the Service for any use in excess of these limits unless:

(a) the Customer's usage is reduced immediately; or
(b) the Customer upgrades to BT Web Hosting - Advanced; or
(c) if the Customer is an existing BT Web Hosting - Advanced customer, additional capacity is purchased.

2.5 Customers of the BT Web Hosting Lite service cannot exceed the usage limits.

2.6 The Customer:-

(a) is responsible for the material that it or anyone else puts on its web site(s);
(b) must include its contact details (e.g. email address) clearly on its web site(s);
(c) must ensure that material on its web site(s) and the use of it must not in any way be unlawful.
(d) must in particular ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.

Domain Names

Sub Domain Names:

2.7 Sub-domain names associated with the BT Web Hosting Lite service will take the format http://home.btconnect.com/username , although all sub-domains are subject to availability. The Customer is responsible for the set up of this sub-domain if BT does not auto-generate this address during the account set-up. The sub-domain name cannot be changed once set up.

2.8 The BT Web Hosting Lite service cannot be used to directly apply a private domain name, including any domain name purchased directly through BT. Private domain names can only be used with the Service through redirect, URL or FRAME forwarding techniques which the Customer must implement.

Primary Domain:

2.9 Customers with BT Web Hosting - Business Pack and/or BT Web Hosting - Advanced must allocate a personal domain name (known as the Primary Domain) to each Service account. Primary Domains must be unique to the Customer and the Customer must have the rights to use that domain name.

2.10 The settings for any BT hosted domain name selected as a Primary Domain will be automatically amended to the default settings for the Service. In the event that an automatic re-setting of defaults cannot take place the Customer must manually alter these settings before using the Service.

2.11 Primary Domains are permanently associated with the Service and cannot be changed.

2.12 BT will automatically select the Primary Domain for any accounts with websites and BT registered domain names created prior to April 2007.

2.13 Only one Primary Domain can be associated with each BT Web Hosting - Business Pack or BT Web Hosting - Advanced account. Any additional domains purchased can only be associated with an activated account through URL or Frame forwarding to the Primary Domain which the Customer will need to implement either by contacting the support desk or through the self-care screens accessible through
www.btbroadbandoffice.com.

2.14 The Customer must ensure the continued availability of the Primary Domain. If a Primary Domain is allowed to expire, or is terminated by the registry, or the default settings for that domain are changed, access to the website and/or webspace associated with the Service may be lost.

Non-chargeable domain names:

2.15 Domain names can be ordered as part of the Service, or transferred to the Service, without additional charge as follows:

(a) BT Web Hosting - Business Pack - one '.co.uk' or '.org.uk' domain name
(b) BT Web Hosting - Advanced - one '.co.uk' or 'org.uk' and one '.com' domain name.

2.16 Non-chargeable domain name allocations are non-transferable. In the event that the non-chargeable domain name(s) expires or is transferred no further non-chargeable domain names can be ordered.

2.17 All additional domain names added to the account will be charged in accordance with the pricing table available at http://www.btbroadbandoffice.com/internetapplications/webhosting

2.18 Chargeable domain names cannot be converted to a non-chargeable domain name.

2.19 BT will register the non-chargeable domain name(s) with the internet registration authorities and will pay the registration and rental fees for the duration of the Customer's Contract for the Service or for the minimum period of the domain name (as set out in paragraph 2.20 below) whichever is the longer.

2.20 The minimum period for the domain names from registration are as follows:
'.co.uk' - 2 years
'.com' - 1 year

2.21 BT reserves the right to refuse to register domain names at its sole discretion. BT will inform the Customer of any refusal.

2.22 In the event of termination of the Service the non-chargeable domain name(s) will no longer be automatically renewed. It is the responsibility of the Customer to ensure that BT has the correct payment details and requests renewal. BT accepts no liability for lapsed domain names in the event of incorrect payment details or a failure by the Customer to pay the Charges.

2.23 All domain names will be subject to the additional terms and conditions set out at www.btconnect.com. In the event of any conflict between those terms and conditions and this Contract, this Contract shall take precedence.

3. Charges

3.1 The Customer must pay the Charges for the Service that are set out at http://www.btbroadbandoffice.com/internetapplications/webhosting. The Charges are part of these terms and conditions.

3.2 If the Service is ended during the first 12 months from the date that this Contract starts (whether the Customer has activated the service or not), because the Customer gave BT notice to end the Contract (other than because BT has increased the Charges or changed the Contract to the Customer's detriment) or the Customer has broken the Contract and BT is therefore entitled to terminate, the Customer must pay all Charges for the Service payable for any remaining period of that 12 months.

3.3 Paragraph 3.2 shall not apply to additional webspace and bandwidth purchased by the Customer. The minimum period for such services shall be one month.

3.4 If the Customer has paid any charges for a period after the end of the Contract beyond the 12 months referred to in paragraph 3.2, BT will either repay these charges or put them towards any money the Customer owes BT.

4. Additional Conditions

4.1 BT shall give notice to the Customer as follows:

a) For domain names, to the administrative contact email address nominated by the Customer
b) For all other notices, to the email address given to the Customer as part of this Service.

4.2 It is the Customer's responsibility to check the email addresses regularly.

Content

4.3 Where BT provides the Customer with Content the following provisions apply:-

(a) this Content is always changing as BT tries to provide the Customer with the best possible service, and therefore the Customer may notice changes to the Content that it can access;
(b) the Content BT provides to the Customer can only be used for its own purposes and is protected by copyright, trademark and other intellectual property rights. The Customer is not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the Content;
(c) although BT takes precautions, it cannot guarantee the accuracy or completeness of the Content. For this reason the Customer's use of the Content (for whatever purpose) is at the Customer's own risk.
(d) some of the Content will have its own terms and conditions. These may be displayed online or elsewhere. If the Customer accesses this Content it will need to comply with those terms and conditions. The Customer should be aware that any Content provided on a subscription basis as part of the Service will cease when this Contract ends.

Security

4.4 Where BT issues the Customer with a set of usernames and passwords, these are essential for the Customer's secure use of the Service and must be kept confidential, secure and only used in accordance with all relevant instructions.

4.5 To ensure that the Service remains secure, the Customer must not change or attempt to change a username.

4.6 If BT believes that there is likely to be a breach of security or misuse of the Service it may:-

(a) change the Customer's password and notify the Customer that it has done this; and/or
(b) suspend username and password access to the Service.

4.7 If the Customer believes that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, it must inform BT immediately.

General conditions for BT Business services

1. COMMENCEMENT

1.1 This Contract begins on either:
(a) the date the Customer receives BT's notification of its acceptance of the Customer's request for the Service; or
(b) the date that BT countersigns an Order Form signed by the Customer,
and continues until terminated by the Customer or BT in accordance with this Contract.

1.2 The Service commences on the Service Start Date.


2. PROVISION OF THE SERVICE

2.1 BT will use reasonable endeavours to provide the Service by the date agreed with the Customer, but all dates are estimates, unless the Service Schedule says otherwise.

Faults and Repair

2.3 BT will use reasonable endeavours to provide uninterrupted Service, but from time to time faults may occur.

2.4 If the Customer reports a fault in the Service BT will repair the fault as soon as reasonably possible If the Customer reports a fault and BT finds there is none or that the Customer has caused the fault, BT may apply a charge.


3. REGULATIONS AND USE OF THE SERVICE

3.1 The Service must not be used:

(a) in any way that is unlawful or in contravention of any licence, third person's rights or the BT Web Clicks Advertiser Policy located at www.bt.com/btwebclicks; or

(b) to cause annoyance, inconvenience or anxiety; or

(c) to allow access to or use of any material which is offensive, abusive, indecent, defamatory, obscene or menacing; or

(d) in any way which BT considers is or is likely to be detrimental to the provision of the Service to the Customer or service to any of BT's other customers; or

3.2 The Customer will comply with BT's reasonable instructions regarding the quality of the Service.

3.3 Occasionally, for operational reasons, BT may have to interrupt or suspend Service. BT will restore the Service as quickly as possible.

3.4 The Customer will indemnify BT against any claims or legal proceedings which are brought or threatened against BT by a third party because the Service is used in breach of clause 3. BT will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings.

3.5 BT monitors and records calls relating to customer services and telemarketing. BT does this for training purposes and to improve the quality of its customer services. BT also records all Calls to the 999 or 112 services.


4. CHARGES AND PAYMENTS

4.1 Charges for the Service are shown in the Service Schedule and calculated using the details recorded by BT. The Customer agrees to pay all charges upon receipt of BT's bill. The Customer agrees that BT may submit bills for some of the charges in advance as specified in the Service Schedule.

4.2 If the Customer disputes any charge on a bill the Customer will within 7 days of the receipt of the bill notify BT in writing with all relevant information. Any disputes will be resolved promptly and the resolved amount, if any, is payable within 7 days.

4.3 BT will have the right to charge daily interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 for the period beginning on the date on which payment is due and ending on the date on which payment is made.

4.4 If the Customer does not pay a bill, BT may instruct a debt collection agency to collect payment (including any interest and/or late payment charges) on its behalf. If BT instructs an agency, the Customer must pay BT an additional sum. This will not exceed the reasonable costs BT has to pay to the agency, who will add the sum to the Customer's outstanding debt on BT's behalf. This paragraph applies even if this Contract has ended.

4.5 Unless otherwise provided in the Service Schedule, all charges are exclusive of VAT which is chargeable at the applicable rate.

4.6 BT may, at any time, require the Customer to pay a deposit or provide a guarantee as security for payment of future bills.


5. CHANGING THIS CONTRACT

5.1 BT may change this Contract on 28 days prior notice to the Customer published at www.bt.com/btwebclicks or as otherwise stated in the Service Schedule.


6. ENDING THIS CONTRACT

6.1 The Customer may cancel this Contract or any part of the Service at any time before BT provides the Service. The Customer will pay BT's reasonable costs incurred in getting ready to provide the Service.

6.2 This Contract may be ended by:

(a) the Customer on one month's written notice to BT; or

(b) BT on one month's written notice to the Customer.

6.3 If the Customer or BT ends this Contract during the Minimum Period the Customer will pay BT the early termination charges set out in the Service Schedule. This clause will not apply if:

(a) the Customer ends this Contract during the Minimum Period because BT is in material breach of this Contract; or

(b) the Customer ends this Contract because BT increases its charges, or changes the Conditions in either case to the Customer's significant disadvantage;

(c) BT ends this Contract during the Minimum Period for convenience; or

(d) this Contract ends because either clause 8.5 or 9.1(c) applies.

6.4 The Customer may end this Contract if:

(a) BT materially breaches this Contract and, if the breach is capable of remedy, fails to put right the breach within a reasonable time of being asked by the Customer to do so; or

(b) insolvency proceedings are brought against BT or BT makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of BT's assets or BT goes into liquidation or a corresponding event under Scottish Law.

6.5 BT may suspend the Service or end this Contract, or both, at any time without notice if:

(a) the Customer breaches this Contract or any other Contract that the Customer has with BT and, if the breach is capable of remedy, fails to put right the breach within a reasonable time of being asked by BT to do so; or

(b) BT reasonably believes that the Service is being used in a way forbidden by clause 3. This applies even if the Customer is unaware that the Service is being used in such a way; or

(c) bankruptcy or insolvency proceedings are brought against the Customer or the Customer does not make any payment under a judgement of a Court on time or the Customer makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of the Customer's assets or the Customer goes into liquidation or a corresponding event under Scottish Law.

The Customer will continue to pay the charges during any period of suspension.

6.6 If this Contract ends BT will refund any money owed to the Customer after first deducting any money due to BT under this Contract or any other contract that BT has with the Customer.


7. LIMITATION OF LIABILITY

7.1 BT accepts liability as set out in clause 7. BT does not guarantee that the Service will be fault-free.

7.2 Neither the Customer nor BT excludes or restricts its liability for death or personal injury caused by its own negligence or the negligence of its employees or agents acting in the course of their employment or agency or for fraudulent misrepresentation or to any extent not permitted by law.

7.3 Unless otherwise expressly stated in this Contract neither the Customer nor BT shall be liable to the other in contract, tort (including negligence), breach of statutory duty or otherwise for any direct loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption or for any other similar direct loss which may arise in relation to this Contract whether or not the Customer or BT was advised in advance of the possibility of such loss or damage.

7.4 Unless otherwise expressly stated in this Contract neither the Customer nor BT shall be liable to the other in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, loss of or damage to physical property, business interruption or for any other indirect or consequential loss or punitive damages which may arise in relation to this Contract whether or not the Customer or BT was advised in advance of the possibility of such loss or damage.

7.5 Subject to clauses 7.3 and 7.4 , the Customer and BT accept liability to the other in contract, tort (including negligence) breach of statutory duty or otherwise for direct loss limited to the charge payable by the Customer for the Service in any 3 month period for all other loss or damage arising from any one incident or series of connected incidents and the annual charge payable by the Customer for the Service for all incidents in any period of 12 consecutive months.

7.6 Clause 7 will not apply to any obligation to pay charges or to clauses 3.4 and 8.4.

7.7 Each part of this clause operates separately. If any part of a clause is held by a Court to be unreasonable or inapplicable the rest of the clause shall continue to apply.


8. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

Intellectual Property

8.1 Except as expressly set out in this Contract, the Customer and BT do not acquire any rights or licences to the other's Intellectual Property Rights.

8.2 If software, documentation or manuals are provided to enable the Customer to receive and use the Service, BT grants the Customer, for the duration of this Contract, a non-exclusive, non-transferable licence to use such software, documentation or manuals for the Customer's own use. Unless otherwise agreed in writing, any licence granted by BT under this clause 8.2 will terminate when this Contract is terminated.

8.3 Except as permitted by applicable law or as expressly permitted under this Contract the Customer must not, without BT's prior written consent, copy, de-compile or modify any software, copy manuals or documentation or permit anyone else to do so.

8.4 BT will indemnify the Customer against all claims and proceedings arising from infringement of any third person's Intellectual Property Rights by the provision of the Service to the Customer. This indemnity does not apply to claims or proceedings arising from:

(a) the use of the Service in conjunction with any equipment, software or any other service not supplied by BT; or

(b) any modification which was not made by BT or with BT's prior written consent; or

(c) designs or specifications supplied by the Customer; or

(d) the use of the Service other than in accordance with the terms of this Contract.

8.5 If the Service becomes, or BT believes it is likely to become, the subject of a claim of infringement of any Intellectual Property Rights BT, at its option and expense, may secure for the Customer a right of continued use or modify or replace the Service so that it is no longer infringing, provided that the modification or replacement does not materially affect the performance of the Service. If the indemnity in clause 8.4 applies and none of the remedies in this clause is available to BT on reasonable terms, BT may notify the Customer and terminate the Service without liability to the Customer.


Confidentiality

8.6 Except to the extent any disclosure is required by law BT and the Customer will keep in confidence any information, whether written or oral, of a confidential nature obtained under or in connection with this Contract. The Customer and BT will not, without the consent of the other, disclose such information to any person other than:

(i) their Group Company employees or professional advisers who need the information in order for the Customer or BT to fulfil its obligations under this Contract; or

(ii) in the case of the Customer, its Users to the extent that they are required to use or access the Service; or

(iii) in the case of BT, the employees or professional advisers of its suppliers who need the information in order for BT to fulfil its obligations under this Contract.

8.7 Information will not be treated as confidential if it is:

(a) in the public domain other than in breach of this Contract; or

(b) lawfully in the possession of the Customer or BT before disclosure has taken place; or

(c) obtained from a third person who is free to disclose it; or

(d) replicated independently by someone without access or knowledge of the Information.


9. GENERAL TERMS

Matters Beyond Reasonable Control

9.1 (a) If the Customer or BT is unable to perform, or is delayed in performing, any obligation under this Contract because of something beyond its reasonable control including act of God, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes or acts or omissions of local or central government or other competent authorities, or beyond the reasonable control of its suppliers, it will have no liability to the other for that failure or delay in performing.

(b) BT will not be liable for failure to or delay in supplying the Service if:

(i) another supplier delays or refuses the supply of a telecommunications service to BT and no alternative service is available at reasonable cost; or

(ii) legal or regulatory restrictions are imposed that prevent BT from supplying the Service.

(c) If any of the events detailed in clauses 9.1(a) or 9.1(b) continue for more than one month the Customer or BT may terminate this Contract in whole or part by written notice to the other.

Escalation and Dispute Resolution

9.2 (a) Any dispute must be raised in writing with the Customer's or BT's representative as appropriate. The Customer and BT will use reasonable endeavours to resolve any dispute as follows:

(i) a dispute which has not been resolved by the Customer's or BT's representative within seven days of being raised may be referred by the Customer or BT to the first level by written notice to the other; and

(ii) if the dispute is not resolved at the first level within seven days of referral, the Customer or BT may refer the dispute to the second level by written notice to the other.

The Customer's and BT's representatives at the first and second levels are as notified by the Customer and BT to the other from time to time.

(b) If the dispute is not resolved after the procedures detailed in clause 9.2(a) have been followed then, if the Customer and BT agree, the dispute will be settled by mediation in accordance with the procedures specified by the Centre for Dispute Resolution (CEDR). If the dispute is referred to a mediator:-

(i) the mediator will be appointed by agreement of the Customer and BT. If the Customer and BT fail to agree within seven days of a proposal by one party, the mediator will be appointed by CEDR; and

(ii) all negotiations on the dispute and any agreement reached will be kept confidential.

(c) Nothing in this clause 9.2 shall prevent the Customer or BT from exercising any rights and remedies that may be available in respect of any breach of the provisions of this Contract.

Transfer of Rights and Obligations

9.3 The Customer and BT may not transfer any of their rights or obligations under this Contract without the written consent of the other, except that:

(a) The Customer may transfer its rights or obligations or both to a Group Company with the written consent of BT, such consent not to be unreasonably withheld or delayed; and

(b) BT may transfer its rights or obligations or both to a Group Company without consent provided that it notifies the Customer that it has done so.

Severability

9.4 If any term of this Contract is held invalid, illegal or unenforceable by any court of competent jurisdiction, it will be severed and the remaining terms will continue in full force as if this Contract had been made without the invalid, illegal or unenforceable terms.

Survival

9.5 Clauses 8.6 and 8.7 will survive the termination or expiry of this Contract for two years.

Entire Agreement

9.6 (a) This Contract contains the entire agreement between the Customer and BT and replaces all previous written or oral agreements relating to its content.

(b) The Customer and BT agree that:

(i) they have not been induced to enter into this Contract by, nor have they relied on, any statement, representation, warranty or other assurance not expressly incorporated; and

(ii) in connection with this Contract their only rights and remedies in relation to any statement, representation, warranty or other assurance are for breach of this Contract and that all other rights and remedies are excluded.

(c) The terms of clauses 9.6(a) and 9.6(b) will not affect the rights or remedies of the Customer and BT for any fraudulent misrepresentation.

Waiver

9.7 A failure or delay by the Customer or BT to exercise any right or act upon a breach under this Contract will not be a waiver of that right or breach. If the Customer or BT waives a right or breach of this Contract, that waiver is limited to the particular right or breach.

Rights of Third Parties

9.8 A person who is not the Customer or BT (including an employee, the officer, agent, representative or subcontractor of the Customer or BT) has no right under Contracts (Rights of Third Parties Act 1999) to enforce any term of this Contract. This does not affect any right or remedy that exists or is available apart from that Act.

Notices

9.9 Notices given under this Contract must be in writing and delivered to the following addresses:

(a) to BT at the address shown on the bill or any address which BT provides to the Customer for this purpose; or

(b) to the Customer at the address to which the Customer asks BT to send bills, the address of the Site or, if the Customer is a limited company, its registered office.

This clause does not apply to notices given under clauses 1.1 and 5.1.

Law and Jurisdiction

9.10 This Contract is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts. Data Protection

9.11 The Customer and BT will comply with their respective obligations under the Data Protection Act 1998 and any data protection, privacy or similar laws that apply to any personal data processed in connection with this Contract. The Customer and BT will provide such help and co-operation as is reasonably necessary or requested by the other to enable compliance with this clause.

Customer's Instructions

9.12 BT may take instructions from a person whom it thinks, with good reason, is acting with the Customer's permission.

10 DEFINITIONS

10.1 In this Contract the following terms have the meanings shown next to them:

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