Terms and Conditions

1.     Introduction

These are the standard terms and conditions for doing business with Sargasso. All customers are required to agree to these terms before any order will be accepted. Other terms and conditions may also apply to specific services such as domain registration; you may view them all on our website.

2.    Definitions

"We" means Sargasso Networks Ltd., or our successors or assigns.

"You" means the person, company or legal organisation purchasing services from us.

"Services" means any service that you purchase or that is provided to you by us including but not limited to web hosting, domain registration, dedicated servers and colocation.

"Agreement" means the complete agreement between you and us, including your order form, these terms and conditions, and any service-specific terms and conditions, subject to the provisions of Section 24.

"Our website" means www.sargasso.net, unless you ordered the Services on a regional website, in which case it means the relevant website from the following list: www.sargasso.co.uk, www.sargasso.fr, www.sargasso.de, www.sargasso.us, or www.sargasso.es.

"Our price list" for the purposes of this Agreement means the Standard List price list located in the legal section of our website and may be varied without notice.

3.    General Terms

3.1  You agree to provide current and correct contact information and to inform us of any changes to the same.

3.2  Where you act on behalf of a company or organisation, you attest that you have all necessary authority to act on their behalf.

3.3  Where you act as an individual, you warrant that you are at least 16 years of age and have the legal authority to enter into a contract in your jurisdiction.

3.4  You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

3.5  We shall have no liability for any loss or damage to any data stored using the Services. You shall maintain adequate insurance cover in respect of any loss or damage to data stored on the Services.

3.6  You shall comply with all relevant data protection laws in your country and in the country where the Services are located, and you shall indemnify us from any liability toward any breach of such laws.

3.7  The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

3.8  We may change the location where we provide the Services, generally without notice, but in the event we change the country in which we provide the Services we will provide you with 30 days notice.

3.9  You may not resell the Services without our express permission, and if we give you our permission you must ensure that your customers are bound to these same Terms and Conditions.

4.    Prohibited Activities

4.1  You represent, undertake and warrant to us that you will use the Services only for lawful purposes.

4.2  You will not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

4.3  You will not post, link to or transmit:

(a)   any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.

(b)  any material containing a virus or other hostile computer program.

(c)   any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

4.4  You will not use the Services to send bulk e-mail (whether opt-in or otherwise), nor will you promote or otherwise link to the Services using bulk mail. In the absence of positive, verifiable proof to the contrary, we will consider complaints by recipients of e-mails to be de-facto proof that the e-mail was unsolicited.

5.    Availability

5.1  We shall use our reasonable endeavours to make available to you at all times the Services but we shall not, in any event, be liable for interruptions to the Services.

5.2  In the event of an interruption of the Services you must notify us and we will take proper steps to rectify such interruption within a reasonable time frame or give you a timeframe in which we expect to do so or notify you of why it is not practicable to do so.

5.3  We may from time to time publish regular or scheduled maintenance windows on our website and you understand that the Services may be partially or wholly unavailable during such windows.

5.4  In the event of an interruption to the Services that extends contiguously beyond 30 days and is not part of scheduled maintenance you shall have the right to give us written notice that you intend to terminate this Agreement and such notice shall be effective upon receipt.

5.5  We may vary the technical specification of the Services for operational reasons.

5.6  We may offer you a Service Level Agreement that supersedes these terms and in such case the terms of the Service Level Agreement will take precedence.

6.    Payment

6.1  All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

6.2  Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. Payment is due in advance of the service period. If you choose to pay by credit or debit card you authorise us to debit your account renewal fees from your card.

6.3  All payments must be in UK Pounds Sterling, US Dollars or Euros as indicated by the web site on which you requested the Services.

6.4  If you make a payment by cheque and it is returned by the bank as unpaid for any reason, you will be liable for a Returned Cheque Fee as detailed on our price list.

6.5  In the event any payment made by you is later cancelled, rejected, disputed, reversed or returned unpaid you will make immediate payment by an alternate method and will be liable for a Returned Payment Administration Fee as detailed on our price list.

6.6  In the event of a dispute of any amount paid by credit or debit card, you agree to attempt to resolve such a dispute with us directly before involving your card issuer.

6.7  Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

6.8  If we suspend the provision of Services you may not access them nor will any data stored on the Services be made available to you. Furthermore we may elect to destroy any data stored on the Services.

6.9  If we suspend the provision of Services and later agree to reinstate them, we will make a Reconnection Charge for each suspended Service as detailed on our price list.

6.10  If an account goes unpaid for at least seven days, a late payment fee will be applied as detailed on our price list, and you shall pay interest on the amount of the charges outstanding at the rate of 7% above the base lending rate from time to time of National Westminster Bank plc

6.11  We will allocate monies received from you as follows:

(a)   First, if the amount received exactly corresponds to the amount of one or more invoices, we shall allocate the monies to the oldest invoice(s) of that amount.

(b)  Second, we shall allocate remaining monies to the oldest outstanding invoice(s).

(c)   If you dispute any invoice and do not wish the monies to be allocated in this manner, you must notify us in writing and attach such notification to the payment.

7.    Termination

7.1  If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

7.2  If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

7.3  If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement.

7.4  No refunds shall be given should we suspend the Services and/or terminate this Agreement in accordance with its terms.

7.5  We reserve the right to suspend the Services and/or terminate this Agreement for any reason and at any time with 30 days notice, provided that in such case a refund will be due for any period of service that you have pre-paid and that we do not provide.

7.6  You may cancel the Services at any time in accordance with the minimum terms and/or notice periods applicable to the Services you have ordered.

7.7  We may choose the method of any refunds due under this Agreement and we shall have 30 days to issue the refund.

7.8  Upon termination of this Agreement or suspension of the Services we shall be entitled immediately to block your access to the Services and to remove all data located on them.

8.    Domain Names

8.1  When registering, transferring or renewing a domain name with us, you agree to our current Domain Registration Service Terms and Conditions which are available on our website and are hereby incorporate by reference into this Agreement.

8.2  When registering, transferring or renewing a domain name with us, you attest that you agree to the Terms and Conditions, rules and policies of the Registry from which you have requested a domain name. For example, registering a domain ending in ".uk" requires your acceptance of the currently applicable Nominet Terms and Conditions, Rules and Dispute Resolution Service Policy and Procedure. All such relevant Terms and Conditions are available on our website.

8.3  We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

8.4  We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other party must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

8.5  We give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.

8.6  We shall be entitled to withhold the release or transfer of any domain name to another provider or "tag holder" if any amount of money whatsoever is outstanding from you to us or if you are otherwise in breach of this Agreement or if in our reasonable opinion we determine such a release may facilitate a breach of this Agreement.

8.7  We may charge an Assisted Transfer Fee in accordance with our price list for any manual intervention that may be required to transfer your domain name to another provider or "tag holder".

8.8  If payment is not received for any domain name in advance of its expiration date, you thereby indicate your intention to relinquish the domain name. In such event we shall be entitled to take any action we choose including deleting the domain name, transferring it into our own ownership, or selling or auctioning it. You shall not be entitled to any share of the proceeds of the sale of any domain name that you have not renewed in advance of its expiration date.

9.    IP Addresses

9.1  We may assign Internet Protocol (IP) addresses to you in the course of providing the Services. Such addresses may be IP version 4 (IPv4), version 6 (IPv6) or both.

9.2  Any IP addresses allocated to you shall at all times remain our sole property and you will have a non-transferrable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, your licence to use the IP addresses shall automatically terminate and you will immediately return the IP addresses to us.

9.3  You may not announce any IP addresses owned by us to any other company or autonomous system without our written consent.

9.4  Upon request of more than 1 IPv4 address or more than 1 /64 IPv6 network, you shall provide justification for such a request including a plan for their immediate and projected utilisation.

9.5  We or the relevant Regional Internet Registry may at any time audit your usage of IP addresses and you agree to fully cooperate with any such audit in a timely manner.

10.    Resources

10.1  When you order the Services you are allocated certain limited resources, including but not limited to data storage, domain names, bandwidth, power, and rack space.

10.2  You agree to stay within the limits of such allocation. Should you fail to stay within such limits and do not rectify the situation immediately when we notify you, our remedies include removing data, limiting access to Services, making overage charges according to our price list, or requiring you to upgrade to a higher package.

10.3  We may choose to prevent your ability to exceed your allocated resources, but we are not obliged to do so.

10.4  Resources that are listed as "unlimited" shall not be so limited; however they are subject to a fair usage policy. Should you impair our ability to provide Services to other customers and/or exceed our estimation of fair usage we may nevertheless impose limits.

11.    Terms for Web Hosting and E-mail

11.1  We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Services and we shall have no liability for any loss of or damage to any data stored on the Services.

11.2  You shall observe the procedures which we may from time to time prescribe and shall make no use of the Services which is detrimental to our other customers.

11.3  You shall ensure that all e-mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

11.4  While we will use every reasonable endeavour to ensure the integrity and security of the Services, we do not guarantee that the Services will be free from unauthorised users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of e-mail or for any other failure of e-mail or websites or damage to data or operations.

11.5  You may not run any programs or server processes on our servers, nor may you run any program or host any web page that interacts with any Internet Relay Chat server.

12.    Terms for Dedicated Servers

12.1  You agree to operate any server according to industry best common security practices.

12.2  You agree to notify us of any suspected or actual breach of security on any server you operate.

12.3  You will configure all servers such that they cannot be used to relay e-mail for any third party.

13.    Terms for Colocation

13.1  For so long as any sum of money due to us under this Agreement is unpaid or any other amount is due to or properly claimed by us from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, we shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by us or by our agents until such time as all amounts due to us are paid and/or any issue between us is determined.

13.2  You acknowledge that our Services are provided using facilities provided to us by third parties. We shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate the Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.

14.    Application Programming Interface

14.1  We may at our discretion make available to you Application Programming Interfaces, Web Services or other means ("API") by which you may interact with our Services or place orders for Services in an automated manner.

14.2  We will provide you with logon credentials for use of the API and you must keep these secure. You agree that any request made through the API using your credentials shall be construed as if you made the request manually and you shall be liable for the consequences of such requests including any charges that may fall due as a result (unless it can be proven that such request was misinterpreted by us as the result of a programming error on our website).

14.3  You shall use the API solely in accordance with its intended purpose and you agree to abide by any policies that we may post on our website regarding acceptable use of the API.

14.4  You shall under no circumstance use the API in a manner that is repetitive, abusive, or that may threaten the stability of our web site or affect our service to other users.

15.    Indemnity

15.1  You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.��

16.    Limitation of Liability

16.1  All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause 16.2.

16.2  Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

16.3  Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

16.4  In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

16.5  In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

16.6  We are not liable for any breach of this Agreement or any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.

17.    Variation

17.1  We reserve the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner.

17.2  If we revise, amend or modify these Terms and Conditions we will post the new version on our web site and we will notify you by e-mail to the latest e-mail address you have given us.

18.    Assignment

18.1  You may not assign this Agreement without our prior written agreement.

18.2  We reserve the right to assign all or part of the Agreement at any time to any subsidiary or associate company.

19.    Notices

19.1  Any notice to be given by either party to the other may be sent by either e-mail, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing.

19.2  Notices sent by e-mail shall be deemed to be received on the day entered into our ticketing system and an acknowledgement issued (when sent by you to us) or on the day it was sent (when sent by us to you) unless the contrary is proved.

19.3  Notices sent by fax shall be deemed to be received on receipt of an error free transmission report.

19.4  Notices sent by recorded delivery shall be deemed to be served two days following the date of posting.

20.    Waiver

20.1  Any delay, failure or neglect by us to enforce at any time any of the provisions of the Agreement will not be construed nor will be deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of the Agreement nor prejudice our rights to take subsequent action.

20.2  If we waive our rights under this Agreement in respect of a breach by you, that waiver is limited to that particular breach and no other.

21.    Severability

21.1  In the event that any of these terms, conditions or provisions or those of any schedule or attachment hereto will be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22.    Applicable Law

22.1  This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

23.    Headings

23.1  Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

24.  Entire Agreement

24.1  These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

 

Standard Price List

This is our standard price list referenced in our Terms and Conditions.

Returned Cheque Fee	£35.00
Returned Payment Administration Fee	£50.00
Late Payment Fee	£10.00
Reconnection Charge	£50.00
Assisted Transfer Fee	£25.00 for the first 15 minutes or part thereof £25.00 per additional 15 minutes or part thereof