dotIngenuity

Website Terms and Conditions
2011

1. Introduction
The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

The Website Owner  Dotingenuity Limited  – Company registration number 07475960. Company registered in England and Wales. Registered Office: 334-336 Goswell Road, London, EC1V 7RP

2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any technical information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please use the Contact Us facility.

3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner, or the respective owners of the Trade Mark. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the appropriate owner.

4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please use the Contact Us facility if you would like to link to this website or would like to request a link to your website.

5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;

5.4 submit contents containing marketing or promotional material which is intended to solicit business.

6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.

8. Disclaimer of Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

9. Use of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

10. General
10.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

10.2 Alteration
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

10.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

10.4 Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

10.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

10.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

10.8 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please use the Contact Us facility.

11. Online Quote
An online quote is an accurate indicator of cost but is not a legally binding contract on any party involved in its production. In order to verify a quote, confirmation will be sent by e-mail with a full proposal of work involved after discussion with a qualified customer relations advisor. Before this point Dot Ingenuity reserves the right to amend or change the costing of the quote due to changes in the external cost of work involved in the final product.

In filling in the quote form and submitting it you are here by showing an interest in the subject and are therefore giving consent to be contacted by phone or e-mail to discuss the quote further.

12. Terms of Service
Payment terms for all invoices and services are strictly 30 days from date of invoice. Payments are made one month in advance for all services.
Late payments are subject to an additional charge of 2% invoice value per month
Charges are based on a 6 month contract period subject to review at the end of the 6 months

The Client  must inform Dot Ingenuity at least 3 month before your billing date if you intend to cancel. This cancellation request should be made directly to Dot Ingenuity in writing, and in accordance with the cancellation terms laid out in the Main Terms and Conditions: Supply of Services and Term, of this document.
Failure to do so will result in your account being charged for one extra month.

If payment is late you will be issued a “Disconnection Notice” if not paid in 7 days of this all technical support will be suspended, IP transit disconnected and a £100 reconnection Fee charged.

You agree not to use the service to: Upload, post or otherwise transmit any Third Party Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

Dot Ingenuity will take reasonable steps to safeguard the security of any information you input to the site or send to us on the internet.
Limitation of liability

Dot Ingenuity shall not be liable for any direct or indirect loss or damages you may incur or suffer arising out of or in connection with your use of the service or a linked service which shall include without limitation, except for network issues which are dealt with by our Network SLA;

Delay or inability to use the service or a Linked service
Reliance upon Third Party Content
Loss of confidentiality
Termination of your access
Virus transmitted
Failure of communication media
Theft

In respect of all other loss or liability, Dot Ingenuity's total aggregate liability to the Client in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this SLA shall be limited to the amount actually paid bythe Client to Dot Ingenuity under this SLA.

The Clients 's total aggregate liability to Dot Ingenuity in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this SLA shall be limited to the amount actually paid by the Client to Dot Ingenuity under this SLA in the 12 months preceding the date on which the claim arose.

Neither party shall be liable in respect of any claim howsoever caused or arising, for any indirect, special or consequential losses or damage.

Dot Ingenuity treats privacy seriously.

Your use of the service signifies your consent to us collecting and using personal information about you in accordance with this policy of terms and conditions.

Dot Ingenuity reserves the right to access and disclose individually identifiable information to comply with Laws provided that where Dot Ingenuity exercises this right it shall notifythe Clientimmediately.

To the extent that the Services require the processing of any “personal data”, the Client, as the data controller appoints Dot Ingenuity as its data processor and Dot Ingenuity agrees that it shall:

in its processing of the Personal Data, act only on the instructions of the data controller;
take appropriate organisational and technical measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data;

upon reasonable notice from the data controller, submit its data processing procedures relating to the Personal Data to scrutiny by the data controller during it’s usual office hours in order to ascertain compliance with the terms of this section.

For the purposes of this section, the terms ‘data processor’, ‘data controller’, ‘processing’ and ‘personal data’ shall have the meanings set out in the Data Protection Act 1998 and processed shall be construed accordingly

The laws of England and Wales shall govern these terms and each party hereby irrevocably submit to the jurisdiction of the English courts.

This SLA is made solely and specifically between and for the benefit of the parties and is not intended to be for the benefit of other parties. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties ) Act 1999 ("the Act") to enforce any term of this Agreement

Acceptable Use Policy (AUP)

Introduction

Dot Ingenuity has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that Dot Ingenuity comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.

It is the responsibility of all customers of the Dot Ingenuity network and services to ensure that they comply with the latest edition of the AUP at any given time. This AUP may be revised, without notice, at any time, at the sole discretion of Dot Ingenuity. Completion of the relevant contracts and the use of our services are deemed to be an agreement to our Terms and Conditions and this AUP.

In the event of a breach of this policy, Dot Ingenuity reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of files.

Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.

The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.

Under the Electronic Commerce (EC Directive) Regulations 2002, Dot Ingenuity is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.

Compliance with foreign law

The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.

13.Google Analytics

The website is tracked by Google Analytics to provide us with information on where our internet traffic is coming from and what pages are most being used. This information is used for marketing purposes only.

Google Analytics, is a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, in order for the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.