Factbook Hosting, Hosted Services Terms and Conditions
1. In this agreement:
1.1. “Agreement” means this agreement between Factbook and the Customer
1.2. “Factbook” means Factbook Limited
1.3. “Customer” means the customer, who has contract internet based services from Factbook.
2. Factbook Internet Service Levels
2.1. The Internet Service element of Factbook will, with best endeavours, have a service availability of better than 99%.
2.2. Planned Outages – will be notified more than 48 hours in advance and will take place, wherever possible, in our standard maintenance window between 00:00-06:00 daily and additionally between 1600-2200 at weekends.
3. Provision of Internet Service
3.1. Factbook agrees to provide the customer with the internet services on the terms and conditions of this agreement. In providing the internet services, Factbook is acting as an Internet Service Provider, and itself a client of telecoms companies which are licensed to provide Internet services.
3.2. Factbook reserves the right to amend this agreement (including but not limited to these terms and conditions, Factbook’s price schedule and the conduct rules) at any time upon not less than 30 days’ notice to the customer.
3.3. Factbook does not warrant that the customer’s use of the internet service will be uninterrupted and given the nature of the Internet does not warrant that any messages or information transmitted via the internet service will be transmitted accurately, reliably, in a timely manner or at all. The customer’s sole remedy for dissatisfaction with the internet service is to terminate this agreement.
3.4. Use of the internet service enables the customer to access the internet and other material. Apart from any World Wide Web site controlled by Factbook, Factbook does not control and is not responsible for the content of material obtained using the internet service. The customer is responsible in all circumstances for determining the suitability, legality or lawfulness of accessing, viewing or downloading any material from the Internet.
4.1. In the case of connecting by a third-party dial-up service, the customer is responsible for all telephone charges associated with connecting to the Internet service via Factbook’s access number.
4.2. The accessing of information and internet services provided by third parties via the internet service may be subject to those third parties’ terms and conditions. The customer is responsible for compliance with those terms and conditions.
4.3. Liability for charges shall commence with effect from the first day Factbook makes the internet service available, whether or not the internet service is actually used. Payment will be made annually in advance. All rates or charges quoted by Factbook are excluding VAT. Please refer to our current published tariff.
4.4. If payment terms are not adhered to Factbook reserves the right to terminate this Agreement forthwith.
5. Access to the internet Service
5.1. The Customer’s access to the internet service may occasionally be restricted to allow implementation of new facilities and to allow data archival.
5.2. Factbook may temporarily suspend the internet service for the purpose of repair maintenance or improvement of any of Factbook ‘s facilities which are necessary to provide the internet service; or vary the technical specification of the internet service for operational reasons subject to Factbook giving the Customer as much on-line, written or oral advice as is reasonably practicable in the circumstances, and restoring the internet service as soon as reasonably practicable after such temporary suspension.
5.3. Factbook shall not be held responsible for the Customer’s inability to use the internet service due to any incompatibility between the Customers equipment and Factbook’s equipment or the internet service, or for any breakdown or failure in the equipment used by the Customer,or for any incapability of the equipment used by the Customer to use the internet service.
5.4. The Customer shall remain liable for any charges for the internet service, notwithstanding that the Customer is unable to use the internet service for any period of time, unless the reason that the Customer is unable to use the internet service is wholly attributable to Factbook’s negligence or wilful default or omission.
6. Use of the Internet Service
6.1. Factbook may on reasonable notice give instructions about the use of the internet service which Factbook thinks to be reasonably necessary in the interest of safety, or the quality of internet service to Factbook’s other customers or users of the Internet in general and any such instructions shall whilst they are in force, be deemed to form part of this Agreement.
6.2. Without limitation the Customer undertakes not to use or permit anyone else to use the internet service:
6.2.1. to send or receive any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.2.2. to cause annoyance, inconvenience or needless anxiety;
6.2.3. in breach of the Conduct Rules;
6.2.4. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.2.5. other than in conformance with accepted Internet practices and practices of any connected networks;
6.2.6. in any illegal or unlawful manner or for any illegal or unlawful purpose, or in any way which is contrary to Law.
6.3. If the Customer (or anyone other than the Customer using the Customer’s password, with or without the Customer’s knowledge or approval) uses the internet service in contravention of this Agreement, Factbook may suspend the Customer’s use of the internet service.
6.4. If Factbook suspends the Internet service, it may refuse to restore the Internet service until it receives an assurance from the Customer, in a form deemed acceptable by Factbook that there will be no further breach of the provision of this Agreement.
6.5. Whilst Factbook does not have the capability and does not purport to monitor information accessed or transmitted using the Internet service, if reserves the right to block access to anyone to add or remove any material which in its reasonable opinion it determines may give rise to a breach of this agreement.
6.6. Except with prior written consent of Factbook:
6.6.1. The internet service shall not be used by or on behalf of any person other than the customer or any employee, agent or subcontractor of the customer’s organisation authorised to use the internet service;
6.6.2. The Customer shall not receive or permit any other person to receive any consideration (whether in money or monies worth, the giving or withholding of any business or benefit of any kind or description), either directly or indirectly in return for or on account of use of the internet service by or on behalf of any person other than the Customer.
7. No Liability
7.1. Factbook shall not have any liability in respect of this agreement and does not warrant the accuracy, completeness or legality of any information accessed using the internet service.
7.2. The customer shall indemnify Factbook against any loss, liability or cost incurred by Factbook arising from any claims, legal proceedings or breach of this agreement.
7.3. This agreement represents the entire understanding between the parties and supersedes all other agreements or representations made by either party whether oral or written.
8.1. Save as otherwise agreed, this agreement will commence from the day the Customer starts to use the internet service, or has the use thereof and will continue unless and until terminated by either Factbook or the Customer giving not less than 90 days notice to the other party.
8.2. Factbook shall be entitled to terminate forthwith if:
8.2.1. Factbook is precluded from providing the Internet service by law or by the decision of any competent judicial or regulatory authority
8.2.2. The Customer becomes insolvent or bankrupt
8.2.3. The Customer commits a breach of this agreement which in Factbook’s opinion is serious enough to merit immediate termination.