Datanet's Terms and Conditions of Business
Thank you for choosing Datanet to provide your Internet services. Our goal is to provide you with a Business Class Internet service and to continue to do this beyond your expectations and always to the best of our endeavours.
Datanet is a well-established twelve-year-old ISP providing a full range of Internet services to business, including connection solutions and datacentre hosting solutions. Following is a plain English and friendly description of our "Terms and Conditions" of business.
General Terms and Conditions
Standard Terms and Conditions
1.1 Datanet services may only be used for lawful purposes, transmission of any data through the network, or use of any part of it in violation of any UK law or regulation is prohibited. Data stored on our servers by you must be legal and you are responsible for obtaining licenses and consents, including copyrights, performing rights and any other relevant intellectual property rights.
1.2 Datanet operate an acceptable usage policy (AUP) which all customers are expected to adhere to. Any advertising, transmitting, or otherwise making available any software, program, product, or service that results in spam, initiation of ping flooding, mail bombing, denial of service attacks, piracy of software, or is deemed to have a detrimental effect to Datanet's network or services will be a violation of our AUP and may result in suspension of the customer's accounts.
1.3 We will suspend or terminate the service if you breach the terms and conditions or fail to remedy any breach within a reasonable period of being asked to do so.
1.4 Any liability by Datanet shall be limited to the remainder of any fees paid for services less any deductions for charges incurred. Datanet shall not be liable for failure to perform its contractual obligations if such failure results from force majeure, act of God, governmental act, fire, explosion, accident, industrial dispute, or any other cause beyond Datanet's reasonable control. In no event shall Datanet be liable for indirect or consequential loss (including loss of profits) arising from any breach of the service.
1.5 We have no responsibility for any goods, services, information, software, or other data you obtain when using the Internet.
1.6 All fees and rentals are subject to our prevailing prices, which are amended from time to time and are effective from your next billing period.
1.7 Quotations and proposals provided by Datanet are valid for thirty days from the date of issue and are subject to final survey and technical appraisal.
1.8 If any of the information required by us to provide the service changes, including any changes to your payment and contact details, you must inform us immediately, preferably in writing.
1.9 When we issue you with usernames and passwords they are essential for secure use of the service and you must ensure that you keep these confidential and secure and that you use them in accordance with all relevant instructions.
1.10 If you request us to re-issue usernames and passwords, we will only provide these to a known destination either by post, fax or email, usually not verbally over the telephone unless you have given us a security code.
1.11 If we think there has been a breach of security or misuse of the service, we may change or suspend your password and then notify you of this change.
1.12 Resale of services through our service is only permitted with our written agreement.
1.13 Datanet operate a "Partner Reseller" and "Partner Wholesale" scheme which is subject to additional terms and conditions which, subject to registration, can be viewed on our partner website at http://www.datanet.co.uk/partner_terms.aspx
1.14 Any Internet Protocol (IP) numbers allocated by Datanet to the Customer shall at all times remain the sole property of Datanet, the Customer may use these IP numbers for the duration of the service. Where a block of IPs is allocated, the first and last IPs in the block are reserved and not useable.
1.15 In compliance with industry regulations, Datanet are a member of CISAS, an Ofcom approved dispute resolution service for individuals and companies under 10 employees. CISAS can be contacted at 24 Angel Gate. City Road, London, EC1V 2PT. Tel: 020 7520 3827 Email info@cisas.org.uk Web www.cisas.org.uk
Addresses and Contacts
2.1 The offices of Datanet and the address for general correspondence is:
DATANET.CO.UK Limited, Aspen House, Barley Way, Ancells Business Park, Fleet, Hampshire, UK, GU51 2UT
Telephone: 0845 130 6010, Fax: 0845 130 6020,
Web: www.datanet.co.uk General email info@datanet.co.uk
Support telephone: 0845 130 6010, Support email: support@datanet.co.uk
Network status: www.datanet.co.uk/network_status.aspx
Our normal business hours are from 9.00am to 5.30pm Monday to Friday, excluding public holidays.
Company registration number 3214053 and VAT registration 664690014
Bank account for payments: sort code 40-21-27 account number 71200402
Payment terms and methods
3.1 All orders are subject to VAT at the prevailing rate and payment is due in advance.
3.2 Invoices are raised in advance, monthly, quarterly or annually depending on the service. We provide electronic invoices by email or online, you will need to provide us with a generic (rather than personal) email address for this purpose.
3.3 Methods of payment include Cheque, Direct Debit, Standing Order, BACS and credit or debit card (excluding American Express).
3.4 Ongoing monthly or quarterly payments will need to be by automated method such as Direct Debit, Standing Order, Credit Card or BACS.
3.5 Minimum monthly fees of £20 plus VAT apply, otherwise the service will be billed annually in advance.
3.6 Where you make monthly payments by credit card you authorise Datanet, until further notice, to charge your credit card/debit card, each month for the service. You should advise us in writing immediately if the card expires or is lost, stolen or if you wish to cancel the service or this authority.
3.7 All orders under £1,000 are payment with order, orders over £1,000 require 50% of fees with the order and the balance on completion, except as in 3.8 below or unless stated differently on the "Services Order Form".
3.8 Hardware and software should be paid for fully in advance and remains the property of Datanet and title stays with Datanet until full and final payment has cleared our bank account.
3.8.1 When hardware is replaced under Premier Support, an invoice is automatically raised for the replacement. The faulty hardware must be returned to Datanet immediately or the invoice will become effective after 10 business days.
3.9 Orders involving long term or staged work over £1,000 are 50% payable with order, 25% two months later, the final 25% is then due two months thereafter, or on completion (whichever is first) unless Datanet causes any delays or unless stated differently on the "Services Order Form". We will allow a 10% margin on time allocated to the project, beyond that additional billing may be required.
3.10 Customers with a good track record of payment with Datanet may negotiate payment terms on account.
3.11 Payment defaults will be subject to bank charges, handling fees and re-connection fees.
3.12 Payment defaults may result in your service and any other Datanet services being terminated.
3.13 Payment defaults may result in a charge over hardware or software under our control and disposal of same to recover our fees and any additional costs.
3.14 If we are unable to collect regular or ongoing payments (where these apply) we will advise you as soon as possible and you are obliged to respond and make payment within a reasonable time, failure to do so, or if we are unable to contact you at the usual billing address, will result in suspension of service. Continued default of payment will result in the termination of your service, or any other Datanet service, which will then incur charges and fees as above.
Lead time, minimum term, billing periods and cancellation
4.1 Services are provided for a minimum term as listed below, except where agreed differently on the "Services Order Form".
4.2 Services require one clear months notice to cancel (after the minimum term), this should be in writing or email followed by a confirmation phone call, (refer "Addresses and Contacts").
4.3 Services are billed monthly or quarterly, as listed below, the minimum term is at least the billing period, refunds are not possible for cancellations during the billing period.
4.4 If you cancel the service and you pay by standing order, it is your responsibility to cancel the standing order with your bank, overpayments will not be eligible for refunds and instead will accumulate credits for Datanet services.
4.5 In the event of any ongoing overpayments to Datanet, where there are no longer any active Datanet services against which to apply the overpayments, you will be contacted at least twice in the three months after the overpayment is made by several different methods (fax/email/letter etc).
4.5.1 If you fail to respond, we will contact your bank asking them to cancel the Standing Order and enclose a cheque, made out to your company, for the value of the most recent overpayment.
4.5.2 If we are still receiving the overpayments after 3 months, we will raise monthly invoices for our handling fees based on the following:
a) if you cancelled the service in writing in accordance with our terms and conditions, the invoice will be raised at a rate of 25% of the overpayment value.
b) if no cancellation in writing was received from you, you are in breach of our terms and conditions and the invoice will be raised at a rate of 50% of the overpayment value.
4.5.3 At each Year End (December 31st), any overpayment credits will be written off and you will not be able to reclaim these credits.
4.6 Following is a list of the lead time, minimum term and billing periods for Datanet services. The lead time may be subject to external requirements beyond our control such PSTN lines, fibre, hardware etc.
| Name of service |
Lead time
(business days) |
Minimum Term
(months) |
Billing Period |
| ADSL |
10 |
3 |
monthly |
| ADSL (special offers) |
refer section 17 or 18 |
|
|
| SDSL |
10 |
12 |
monthly |
|
|
|
|
| Mail, POP & SMTP (incl. Roaming) |
1 |
12 |
monthly |
| Fixed IPs |
1 |
12 |
monthly |
| Premier Support on Hardware and SDSL Lines |
1 |
12 |
monthly |
| Premier Support on ADSL Lines |
1 |
3 |
monthly |
| Dial-up, local rate |
1 |
- |
- |
|
|
|
|
| MessageScreen |
1 |
3 |
monthly |
| Domain names |
1 |
12/24 |
monthly |
| Sub-domains |
1 |
12 |
monthly |
| Web space, commercial |
1 |
12 |
monthly |
| Web space, back-up daily |
1 |
12 |
monthly |
| Web space, reports |
1 |
12 |
monthly |
| MS SQL, database share |
1 |
3 |
monthly |
| My SQL, database share |
1 |
12 |
monthly |
| MS SQL/My SQL daily back-up |
1 |
12 |
monthly |
| DSN for MS web space |
1 |
12 |
monthly |
| Web space excess traffic |
0 |
3 |
monthly |
| Dedicated Secure Cert. |
10 |
24 |
monthly |
| Shared Secure Cert. |
1 |
12 |
monthly |
|
|
|
|
| Dedicated Servers |
5 to 20 |
12 |
monthly |
| Co-location rack space |
5 |
12 |
monthly |
| Co-location Full Rack |
15 |
12 |
monthly |
| Co-location Half Rack |
20 |
12 |
monthly |
| Additional ports and power |
5 |
12 |
monthly |
| Reboot control panel |
5 |
12 |
monthly |
| Additional power |
10 |
12 |
monthly |
| Managed Firewall |
5 |
12 |
monthly |
| Customer supplied device |
5 |
12 |
monthly |
| Offsite Back-up |
5 |
12 |
monthly |
| Onsite Tape Rotation |
5 |
12 |
monthly |
| Additional data transfer |
0 |
3 |
monthly |
| Internet bandwidth |
1 |
12 |
quarterly |
|
|
|
|
| WES, WEES, BES |
40 to 70 |
12 |
quarterly |
| Leased Lines |
40 to 70 |
12 |
quarterly |
| IP Clear & MPLS fixed line |
40 to 70 |
12 |
quarterly |
| IP Clear & MPLS Hostlink |
5 to 10 |
12 |
quarterly |
|
|
|
|
Fault Reporting
5.1 You may report a fault by any of the contact details listed under "Addresses and Contacts", we will endeavour to restore the service as soon as possible.
5.2 Occasionally, we may suspend the service where necessary for operational reasons such as repair, maintenance or improvement of the services or because of an emergency. Except in the event of an emergency we will try to give you as much notice as possible of any periods of downtime of the services by posting information on our Network Status page (listed under addresses and contacts).
5.3 Twenty four hour, seven day a week manned telephone support (24x7) is also available for the following services: Private Circuits including Leased Lines, LAN Extension Services (LES) and IP Clear, Racks and Rack Space, Co-located and Dedicated Servers. Further details will be made available at the time of purchase.
Specific Terms and Conditions
Web Hosting
6.1 Website hosting services are subject to usage level charges. Specific levels of usage for our web servers and web space based on space and data transfer are listed on our website and you should be aware of these when placing an order.
6.2 Data stored on our servers by you must be legal and you are responsible for obtaining licenses and consents, including copyrights, performing rights and any other relevant intellectual property rights.
Connection Solutions:
Dial-Up
7.1 Monitoring ISDN/PSTN or any other dial on demand or metered charges are the responsibility of the Customer.
7.2 For accounting and technical reasons, all dial-up services will be re-booted (turned off and on momentarily) at 3.55 am every day.
Connection Solutions:
Broadband ADSL and SDSL
8.1 A prerequisite for the ADSL service is a BT plain old telephone (POTS) line to convert (gives back ADSL and 1 x POTS).
8.2 ISDN is not suitable and will have to be converted back to POTS, this conversion is available as a special service and is subject to an additional fee from both Datanet and BT.
8.3 ADSL and SDSL services are available from most BT exchanges, however the service is subject to availability and will usually take up to ten business days to install.
8.4 ADSL is an asymmetric service, which means that the upload and download speeds are different. Typically the upload speed is 256k whilst the download speed can be 500k, 1000k or 2000k. However the up to 8Mb services benefit from an upload speed up to 1Mb and a download speed of up to 8Mb. See section 20 below for more information on the up to 8Mb service.
8.5 ADSL services are contended at 20:1 for Business ADSL & 50:1 for our Standard services.
8.6 SDSL is a symmetric service, which means that the upload and download speeds are the same and are contended at 10:1.
8.7 As a business focussed ISP, Datanet reserve the right to manage our DSL network traffic to give priority to business orientated protocols such as VoIP, VPN's and Web Browsing over "consumer" protocols such as P2P (Peer-to-Peer) file sharing during the business day. Datanet use Packet Prioritisation technologies in order to ensure activity from our domestic customers does not adversely affect our business customers.
8.8 When taking Premier Support on DSL services, please note that we will require details for a 24/7 contact in the event that a site visit is required to resolve the fault. If 24 hour access to the site is not available, we are unable to promise a 1 day fix time.
Email, mailboxes and mail system
9.1 Datanet provides email services to Customers as part of a connection solution.
9.2 Email services are provided over SMTP, POP or WebMail.
9.3 Where a non-Datanet connection is used then email can be provided by WebMail or chargeable roaming mailbox.
9.4 Outbound or inbound emails are restricted to a maximum size of 20MB and maximum of 50 recipients (total of To, CC, and BCC fields) - the latter helps to reduce spam.
9.5 Emails may be left on our mail servers for additional downloading to another computer for up to 60 days, all emails, read or unread can be left on our mail servers for up to a maximum of 60 days.
Connection Solutions:
Private Circuits including FrameStream2, Leased Lines, MPLS, LAN Extension Services (LES)
10.1 All equipment, installation and activation fees are payable fully in advance and the rental is payable quarterly in advance.
10.2 Private circuits are subject to line and technical feasibility survey, a 40 to 60 business day lead time and a minimum one year contract followed by one clear calendar months notice to cancel.
10.3 The Installation price, or set-up fee, is based upon required fibre being on site, prices are subject to change if this is not the case.
10.4 Private circuits benefit from our 24x7 Support, Service Level Agreements (SLAs) and Performance Level markers.
IP Transit and Bandwidth
11.1 IP transit and bandwidth benefit from our 24x7 Support, Service Level Agreements (SLAs) and Performance Level markers.
Rack Hosting and Rack Space
12.1 Datanet maintain power, environment and network services to the rack, all other responsibilities such as the Server, Operating System and Applications are the Customer's.
12.2 Bandwidth, power usage and remote hands are monitored and are subject to additional charges where the standard allocation is exceeded.
12.3 Rack hosting benefit from our 24x7 Support, Service Level Agreements (SLAs) and Performance Level markers.
Dedicated Servers and Co-location
13.1 Datanet is responsible for maintaining power, appropriate environment and network services to the server or co-located hardware.
13.2 Datanet is responsible for keeping dedicated servers operational up to, but not including, the operating system and applications.
13.3 It is the Customer's responsibility to keep the dedicated server (or Customer supplied co-located hardware), up to date with software patches, fixes and updates, and to consider any conflicts these may give rise to.
13.4 Bandwidth, power usage and remote hands are monitored and are subject to additional charges where the standard allocation is exceeded.
13.5 Dedicated servers and other hardware provided by Datanet under a rental agreement remain the property of Datanet at all times.
13.6 Software provided will likely be covered by "Datacentre Licenses" and therefore not the property of the Customer.
13.7 Dedicated Servers and Co-location benefit from our 24x7 Support, Service Level Agreements (SLAs) and Performance Level markers.
13.8 All Customers taking SPLA software from Datanet as part of their hosted server package are also subject to Microsoft's own SPLA Terms and Conditions which can be found here. We always endeavour to feature the latest version online but please confirm the current status when placing your order.
Data Back-up Solutions
14.1 Where data back-up solutions are provided by Datanet, whether on media or remotely over secure Internet back-up facilities, it remains the Customer's responsibility to ensure that the data is being correctly backed up and the Customer is urged to perform regular tests (restore and verify) of the back-up data.
Domain Name Services (DNS)
15.1 Datanet manage UK domains subject to Nominet's terms and conditions, Nominet are the UK appointed body charged with the management of all .uk domain names, please refer to Nominet's terms and conditions on their web site at www.nominet.org.uk/registrants/legal/terms/
15.2 Datanet manage EU domains subject to EURid's terms and conditions, EURid are the European Commission's appointed body charged with the management of all .eu domain names, please refer to EURid's terms and conditions on their website at www.eurid.eu/en/general
15.3 Domain names are usually registered for a two year period and renewed thereafter for a further two years except for .eu which will initially be registered for one year only, followed by a one or two year registration.
15.4 Confirmation that domain names have been successfully registered will be in the form of a registration certificate, you should not assume that registration has been successful until you receive your certificate.
15.5 It is the customer's responsibility to ensure that domains are renewed at the appropriate intervals. Datanet will take reasonable steps to advise you of the renewal dates, which will require your response in writing. This service is provided as a courtesy and it remains your responsibility to ensure renewal by means of written request whether or not you receive notification from us.
15.6 It is the customer's responsibility to ensure that domain names registered for you do not infringe the rights of any third party and that you indemnify Datanet in respect of any such infringements.
MessageScreen
16.1 MessageScreen is an anti-virus and anti-spam Internet based email protection service.
16.2 MessageScreen will provide near total protection from email borne viruses and will prohibit delivery of such emails.
16.3 MessageScreen will substantially reduce spam email by flagging such emails with an addendum in the subject line, thus preparing them for filtering by your email software.
16.4 Delivery of emails flagged as SPAM may also be prohibited at your request, e.g. not only flagged as SPAM but also deleted.
16.5 Minimum monthly fees apply, refer section 3 "Payment Terms & Methods".
Special Offers and Price Reductions, eligibility is subject to:
17.1 Ongoing monthly, quarterly or annual payments must be by Direct Debit.
17.2 Invoices and statements will be provided by email only, customer must supply a suitable email address for accounts.
Revision Date 24.01.08 (EH)