General Terms and Conditions
- The company for the sake of this document refers to REDCAT SCOTLAND Limited.
- The Client in this document refers to all customers using or purchasing any services or equipment from REDCAT SCOTLAND Limited INCLUDING Computer Hardware and Software, computer repair and maintenance, Computer Support and Services, Email forwarding and POP Email, Internet Web Hosting, FTP Hosting, Domain Name Registration, Internet Web Design solutions, Database solutions and such other services as the Company may from time to time provide.
- REDCAT Servers refers to all Software Processing Units (SPU) belonging to or rented by the Company that are connected to the Internet.
- Internet Solutions can consist of Email Forwarding, Email POP accounts, Internet Web Site Hosting, FTP hosting, Domain Name Registration and any services that the Company offers to clients connected with the Internet business.
Terms & Conditions
The Company shall supply its services and equipment to the Client subject to these conditions and any changes or additions to them as may from time to time be agreed by the Company with the Client.
COMPUTER HARDWARE AND SOFTWARE
1. All computer hardware purchased from the company is warranted for a 12 month period from date of purchase. In order to be warranted the hardware must be unmodified, been properly used under working conditions and have been properly installed and maintained. Software and operating systems installed on computer hardware may be returned to original installation settings as part of the repair process.
2. All computer software purchased from the company is warranted, if at all, only in accordance with the license agreement. Except as warranted in the license agreement the company hereby disclaims all warranties and conditions with regard to software, including all implied warranties and conditions of satisfactory quality and fitness for a particular purpose.
3. All repairs and service are warranted for 3 months only in so far as it can be shown to the companies reasonable satisfaction that the defect or failure is due to defective workmanship or material provided by the company and, in the case of software or configuration repairs, no software has been installed, configuration alterations made or virus attack occurred which would have impacted on the original repair or service.
4. The client is deemed to be fully conversant with the Internet and the Company gives no warranties expressed or implied except as expressly stated in these conditions.
5.1 The Client shall at all time comply with the terms and conditions (from time to time subsisting) for the registration of Domain Names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the client may become subject as a result of services provided by the Company
5.2 The Client agrees to indemnify the company its employees and agents and shall hold them harmless from and against all loss penalties damages liability claims or expenses whatsoever arising from any claims by third parties as to ownership or other rights to use a Domain Name where one has been registered by or transferred to the Company or arising in any way by the Client infringing (whether innocently or knowingly) third party rights.
5.3 The Company reserves the right to monitor the Client’s monthly bandwidth usage and reserves the right to implement restrictions on available bandwidth in order to protect all Internet Solutions using the REDCAT SCOTLAND Ltd Servers from time to time when necessary. Your subscription covers permitted bandwidth (monthly transfer limit) as stated on the information sheet supplied. The Company reserves the right to make additional charges for usage above the limit at the prevailing charge rate as stated on the Company’s web site.
6. The Client shall not permit any third party to use and/or access any of REDCAT SCOTLAND Servers and the data without prior written consent of the Company.
7. The Company shall at all times take reasonable steps to safeguard the REDCAT Servers and the data contained therein from damage accident fire theft and unauthorised use.
8. The Company shall have no liability to the Client for loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
9. The Client shall notify the Company immediately in accordance with Clause 28 if it becomes aware of any unauthorised use of all or any of the Internet Solutions by any person.
10. The Client acknowledges that it has independently determined that the Internet Solutions supplied by the Company meets its requirements. Package configurations of Internet Solutions are subject to change without prior notice.
11. The Company is not responsible for any delay malfunction non performance and/or other degradation of performance of any of the Client’s Internet Solutions caused by or resulting from any alteration and/or modifications and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Internet Solutions already supplied. The Company reserves the right to raise additional charges for any work arising out of the provisions of this clause.
12. In the event of total systems failure resulting in the disruption of service to the Internet from REDCAT SCOTLAND servers the Company will endeavor to repair and reinstate the service within 48 hours of detection depending on the severity of the failure. If failure is caused by the Client or any other agent of the Client to whom access to REDCAT SCOTLAND Servers was given the Client shall pay all the costs to reinstate and/or repair the Client Server.
13. The Client is not allowed to serve information in the form of test or graphics from REDCAT SCOTLAND Servers which may indirectly or directly lead to a contravention of the laws or regulations of the United Kingdom and in Parliament applicable to the export supply or use of goods or technology or publication of material which is prohibited such as pornography or serve such information either knowingly or unknowingly which in the absolute discretion of the Company may bring the Company into disrepute or may call into question any action taken by the Company on the Client’s behalf. The Company reserves the right to terminate the services indefinitely to the Client until such contravention is corrected and/or rectified.
14. All confidential information of the Client or of the Client’s customers disclosure to the Company shall be regarded as disclosed in confidence and shall be used in connection with the affairs of the Client and not be passed on to third party and/or in any way be made use of by the Company at any time either during or after the termination of this agreement save with consent or which comes into the public domain (otherwise than through the unauthorised disclosure by the Company).
15. The Client shall promptly notify in accordance with Clause 28 the Company if it becomes aware of a breach of confidence and shall give the Company all reasonable assistance in connection with any proceedings the Company may institute against a third party at the Company’s expense.
16. The Client shall treat as confidential the Internet Solutions supplied by the Company and either designated as confidential by the Company or confidential by its nature (Information). Information shall not include information which is lawfully in the possession of the Client otherwise than through disclosure by the Company or which is in the public domain (otherwise than through unauthorised disclosure by the Client).
17. The Company reserves the right to suspend all services without refund of any costs and without notice to out Client who uses REDCAT SCOTLAND Ltd Servers to send bulk unsolicited E-mail (spamming).
18. The Client will not provide any technical information obtained from the Company to any person, Company, Firm or Government Entity when the Client knows or has reason to believe that the supply of information may indirectly or directly lead to a contravention of the laws or regulations of the United Kingdom applicable to the export supply or use of goods or technology.
19. WITHOUT PREJUDICE TO ANY OTHER CONDITIONS THE COMPANY RESERVE THE RIGHT TO SUSPEND SERICES INDEFINATELY TO A CLIENT WHO USES REDCAT SCOTLAND SERVERS IN THE EVENT THAT ANY OF THESE CONDITIONS ARE BREACHED AND SUSPENSION OF SERVEICES WILL CONTINUE UNTIL THE CAUSE OF THE BREACH IS RECTIFIED OR UNTIL OTHERWISE AGREED. THE COMPANY ENFORCES “GOOD NETIQUETTE” PRACTICE AND ALL CLIENTS USING REDCAT SCOTLAND FACILITIES AND SERVICES ARE OBLIGED TO COMPLY TO THIS CODE OF PRACTICE.
20. Any breach by the Client of any of its obligations thereunder shall entitle the Company to recover its loss arising from any such breach on a full indemnity basis.
PRICES AND PAYMENT
21.1 The Company shall be entitled to vary its prices from time to time without prior notice and the current prices shall be published at all times at the Company’s main office.
21.2 All prices quoted to the Client for the provision of services by the Company are exclusive of any value added tax for which the Client may be additionally liable at the applicable rate.
21.3 The Company’s charges based on its prices and any additional sums payable shall be paid by the Client (together with any applicable value added tax and without any set-off or other deduction) by the due date specified in the Company’s relevant invoice.
21.4 If payment is not made on the due date the Company shall be entitled without limiting any other rights it may have to charge interest on the outstanding amount (both before and after any judgment) at the rate of 5% above the base rate from time to time of Bank of Scotland Plc from the due date until the outstanding amount is paid.
21.5 In respect of Domain Name registration the company will raise an invoice for payment to the appropriate naming authority and for the hosting that name specifying the date by which payment by the Client must be made. Failure for any reason by the Client to make payment before the specified date will entitle the Company to release the Client’s Domain Name without any liability for loss suffered by the Client howsoever arising.
TERMINATION OF AGREEMENT
22. This Agreement may be determined:-
22.1 Forthwith by the Company if the Client fails to pay any sums due hereunder within 30 days of the due date hereof.
22.2 Forthwith by either party if the other commits any material breach of any of these conditions other than one falling within (20 above) and which (in the case of a breach capable of being remedied) has not been remedied within 30 days of a written request to remedy the same:-
22.3 Forthwith by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for nay other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets or the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).
23. Any termination pursuant to the proceeding clause shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the combing into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continuing force upon or after such termination.
24. These conditions (together with terms if any which are agreed in writing between the parties) constitute the entire agreement between the parties and supersede any previous agreement or understanding. All other terms and conditions (express or implied by statue or otherwise) are excluded to the fullest extent permitted by law.
25. Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.
26. If either the Company or the Client is unable or if it is impracticable, to perform any of its obligations under these conditions due to circumstances beyond its control it shall give notice to the other party in writing and indicate what steps (if any) are being taken to remedial.
27. For quality control purposes telephone conversations with REDCAT SCOTLAND Ltd staff may be recorded from time to time.
28 Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery a or sending by first class post or other faster postal E-mail service or telex facsimile transmission or other means of telecommunication on permanent written form (provided the addressee has his or its own facilities for receiving such transmission) to the last known postal or E-mail address or relevant telecommunications number of the other party. Where notice is given by sending in a prescribed manner it shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was dispatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee.
28.1 At all times the Client must specify a communications address in a recognised form to which the Company may send all notices or other forms of communication, (particularly in an emergency). Should the Client fail to notify the Company immediately of any change in particulars then the Company shall not be liable for any loss to the Client arising form any such failure.
29. If any provision of these conditions is held by any competent authority be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision on question shall not be affected.
30. This agreement will be governed by Scottish Law and the parties agree to be subject to the exclusive jurisdiction of the Courts of Scotland.