Line UK Internet Ltd

 

EMAIL PROTECTION SERVICE - TERMS AND CONDITIONS

Line UK Internet Ltd Terms and Conditions for McAfee/MxLogic SaaS Email Protection Service

may be downloaded HERE.

 

GOOGLE G-SUITE VIA RESELLER AGREEMENT

If Customer is using the Google G-Suite Email Service provided by or through Line UK Internet Ltd, then Customer agrees to be bound by the Google G-Suite via Reseller Agreement. Use of the Google G-Suite service by Customer implies Customer's agreement to be bound by the Google G-Suite via Reseller Agreement. The Google G-Suite via Reseller Agreement and can be found HERE.


ACCURATE INFORMATION

You must provide truthful and accurate information when applying for any service provided by Line UK Internet and you are responsible to advise us if the information you have provided has changed including your email and postal address by emailing or writing to customer services.

 

PROHIBITED USE

You may not use, nor permit others to use the services provided in violation of our Accepted User Policy (AUP).

 

1 THE ORDER

1.1 These terms and conditions apply to your Order.

1.2 Line UK Internet Ltd (Line UK Internet) reserves the right not to accept Orders at its sole discretion.

1.3 Services are provided in accordance with each Order.

1.4 Your standard purchasing terms and conditions (if any) are excluded, even if such terms are attached to the Order.  Line UK Internet reserves the right to alter the services provided from time to time; if these changes will detrimentally affect the Service, Line UK Internet will inform you in advance.

 

2 ACTIVATING BROADBAND SERVICE

2.1 Before being able to activate the Service, Line UK Internet will:

2.1.1 Verify that your premises are in an area in which the Service is available.

2.2 Occasionally it will not be possible to establish whether the Service can be activated until after the service is installed at your premises.

2.3 If the Service cannot be activated, Line UK Internet will notify you as soon as possible and this Agreement will be cancelled and any charges made will be repaid to you. Line UK Internet may propose an alternative service (e.g. a lower bandwidth line).  If you prefer to accept the alternative instead of cancellation you will need to confirm that within 5 calendar days.

2.4 Line UK Internet will use its reasonable endeavours to provide the Service within 15 Business Days of the date of Order acceptance by Line UK Internet.

2.5 If Line UK Internet is unable to activate the Service due to your act or omission or due to incorrect information being provided by you Line UK Internet reserves the right to charge you a failed connection fee of £40.

2.6 Occasionally visits to your premises will be required. These visits are sometimes carried out by BT. Line UK Internet will liaise with you to arrange the timing of these appointments. It is also possible that BT may contact you directly in relation to the appointment.

2.7 During activation of the Service at your local BT exchange, you may temporarily lose the use of your other telecommunications services.

2.8 If you require a static IP address you will need to specify this in your Order. If you do not do not specify this requirement you will receive either a dynamic or a static IP address at our discretion.

 

3 PROVISION OF THE SERVICE

3.1 Line UK Internet will provide the Service using the reasonable skill and care of a competent telecommunications service provider. Line UK Internet may subcontract the provision of all or any part of the Services to third parties.

3.2 Changes may be made to the Network or the technical specification of a Service from time to time; if these changes are expected to detrimentally affect the Service, Line UK Internet will inform you in advance.

3.3 It is technically impracticable for Line UK Internet to provide a fault free Service and Line UK Internet does not warrant or undertake to do so. Although Line UK Internet would normally maintain backups of the servers hosting Customer's data, such backups are held for disaster recovery purposes only and cannot be used to restore an individual customers website. Customer is responsible for maintaining backups of their own website. Customer should take all reasonable precautions to ensure secure passwords are used for all their online accounts including all passwords relating to access and the operation of their websites.

 

4 COMMENCEMENT, TERM & CEASE

4.1 Following activation of your broadband Service, the Service shall continue to be provided for a period of 30 days for our metered bandwidth services and 12 months for our unlimited bandwidth service (the “Initial Term”). If you cancel this Agreement during the Initial Term you will be charged for the remainder of the Initial Term. After the Initial Term either of us may cancel the Service. Cancellation of a broadband service requires thirty (30) days' prior written notice, such notice to take effect at the end of the Initial Term or the same day in any subsequent month. Where the broadband service is ceased and not migrated to another provider, a BT ceased charge will be incurred and charged to customer.

 

5 BROADBAND MODEM/ROUTER CONNECTION

5.1 You shall ensure that any modem or router connected to a Service is connected to and used with the Service in accordance with the published instructions and any safety and security procedures notified to you.

5.2 Line UK Internet makes no warranty that the Service will interoperate properly with your modem or router.

5.3 A list of modems and routers is available upon request from Line UK Internet that have been tested by on the Network and which are believed to be compatible with the Network.

Line UK Internet cannot accept any liability in relation to the content of this list or the reliability of any Modem or router that you purchase.

 

6 USE OF ALL SERVICES PROVIDED BY OR THROUGH LINE UK INTERNET LTD

6.1 You shall not use the Service:

6.1.1 in connection with the carrying out of any fraudulent, criminal, or any other illegal activity;

6.1.2 to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, confidence, privacy or any other rights;

6.1.3 to cause annoyance or needless anxiety;

6.1.4 to send or provide or, knowingly receive responses to, any spam or unsolicited advertising or promotional material;

6.1.5 to knowingly or recklessly transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by Line UK Internet Ltd or it’s partners and suppliers or other Internet users;

6.1.6 in a manner which restricts, inhibits or is likely to interfere with or affect the service being provided to any other user or users of the service or services;

6.1.7 to utilise excessive amounts of bandwidth (for example by connecting for an excessive amount of time; repeatedly engaging site local scripts or similar behaviour);

6.1.8 in breach of any reasonable instructions given or provided by Line UK Internet;

6.2 Line UK Internet shall have the right to examine, from time to time, the use to which you put the Services and the nature of the data/information that you are transmitting or receiving via the Services, where such examination is necessary: (i) to protect safeguard the integrity, operation and functionality of Line UK Internet’s (and neighbouring) networks; or (ii) to comply with police, judicial, regulatory or governmental orders, notices, directives or requests.

6.3 You agree to indemnify Line UK Internet and its subcontractors, third party suppliers, resellers and agents from any liability or claim arising out of, or any penalty or fine imposed in respect of, your breach of this clause 6.

6.4 You may not resell the Service unless authorised in writing by Line UK Internet.

 

7 SERVICE SUSPENSION/ALTERATION

7.1 Line UK Internet may suspend the provision of the Services or any part thereof, and/or to disconnect your facilities from the Network if and to the extent that:

7.1.1 Line UK Internet has reasonable grounds to believe that the Services are being used in breach of Clause 6; or

7.1.2 your use of the Network may damage or disrupt the proper functioning of the Network or other users; or

7.1.3 temporarily, for operational or technical reasons.

7.2 Line UK Internet shall give you as much notice of a suspension under Clause 7.1 as is reasonably practicable in all the circumstances.

7.3 Line UK Internet shall be entitled to terminate or modify the Service, without any liability whatsoever, if any licence or authorisation which Line UK Internet requires in order to provide the Service is not obtained, withdrawn or otherwise cancelled; in the event of a modification that is detrimental to the Service, you shall have the right to terminate this Agreement with immediate effect.

 

8 CHARGES AND CREDIT TERMS

8.1 Unless otherwise agreed in writing, a cheque for the Initial Payment must accompany the orders for broadband services. For broadband services, Line UK Internet only accepts the recurring service payments by a UK bank standing order payable monthly, quarterly, six monthly or annually.

8.2 Prices shown are exclusive of VAT (unless otherwise stated).

8.3 On the date that Line UK Internet confirms your order, Line UK Internet shall charge you for the broadband service Activation Charges.

8.4 You agree to make an Initial Payment with order that includes the Activation/Setup cost and the first quarter or annual payment by cheque. You further agree to make the necessary arrangements to pay the Recurring Charges (which accrue daily) in advance by quarterly or annual bank standing order payments directly to Line UK Internet. All amounts due under this Agreement to be paid by you to Line UK Internet shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against Line UK Internet in order to justify withholding payment of any such amount in whole or in part.

8.5 Line UK Internet may charge interest on any overdue amounts payable from the due date until payment (whether before or after judgement) at the rate of 4 percent per annum, above the base rate of Barclays Bank PLC from time to time.

8.6 If you are at any time in violation of your obligations to make payments to Line UK Internet and remain in violation after seventy two (72) hours written notice by Line UK Internet, then Line UK Internet may suspend the provision of Services and the performance of its associated obligations forthwith without prejudice to Line UK Internet’s rights under this Order, including its rights to payment. Notwithstanding any other provision of this Agreement, Line UK Internet shall have no liability to you for any loss or damages you suffers as a consequence of such suspension.

 

9 TERMINATION

9.1 Line UK Internet may terminate this Agreement by notice, such notice to take effect forthwith:

9.1.1 If you have not paid following suspension under clause 8.7’;

9.1.2 if you have committed a material breach of this Agreement;

9.1.3 if you fail to pay your debts when they become due,

9.1.4 if any mortgage, charge, licence or other security interest which may for the time being affect any of your assets becomes enforceable;

9.1.5 if any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against you, or for your winding-up or dissolution or any similar action or steps are taken in relation to you and such action or step is not withdrawn within 30 days;

9.1.6 if any administrator, administrative or other receiver or trustee or similar officer is appointed over you or any steps are taken to do the same to you.

9.2 Unless otherwise agreed in writing, you may terminate an Order if the Service to be delivered under that Order is not delivered within 42 days of the “customer agreed date” notified to you, provided that such failure is not due to your act or omission.

9.3 The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either of us accruing up to such date.

 

10 DATA PROTECTION

10.1 Line UK Internet and it’s suppliers and partners shall be entitled to store and process Personal Data provided in connection with a service Order for its internal use and for the purposes of providing the Service.

10.2 You have the right to request a copy of information relating to you that is held by Line UK Internet, by written request to our data protection compliance manager and upon payment of a fee.

10.3 You may change the personal information held by us at any time, by advising us in writing. It is your responsibility to ensure that any change in your contact information including your postal address, telephone number and email address has been provided to Line UK Internet Ltd in writing in a timely manner.

10.4 From time to time Line UK Internet may contact you about future or new Line UK Internet products and services. If you do not wish us to contact you please tell us. In order that other respected organisations selected by Line UK Internet can tell you about their products and services directly, your name and address details may be passed to them. If you do not wish to receive such mailings please tell us.

 

11 LIMITATIONS OF LIABILITY

11.1 The services provided are not warranted to be error free or totally fault tolerant. The Service is not designed or intended for use in applications or environments in which the failure of the service can lead to death or personal injury.

11.2 Line UK Internets maximum aggregate liability to you in contract, tort (including negligence or breach of statutory duty) or otherwise arising in connection with the service and any Service Agreement if applicable, shall be limited to the aggregate amount paid by you (Customer) to Line UK Internet Ltd in the preceding 30 days in the case of monthly service payments (or 30 days pro-rata payments if payment is made annually).

11.3 Line UK Internet, it’s 'employees', ‘partners’, ‘suppliers’, 'affiliates' and it's 'agents' or ‘resellers’ shall not in any event be liable to you (the Customer) in contract, tort (including negligence) or for breach of statutory duty or in any other way for any indirect or consequential losses, punitive damages or for any loss of goodwill or reputation, loss of revenues, profits, contracts, business or anticipated savings.

11.4 You (the Customer) hereby release Line UK Internet, it's 'employees', 'partners', 'suppliers', 'affiliates' and it's 'agents' or 'resellers' from any liability or damages arising from the failure of any Service being provided such as the failure of the Backup SMTP service or the failure of the email service in any capacity including the failure to capture unwanted email or from the capture of legitimate email, the failure to deliver email or from failure or error resulting from the recipient or sender's email service provider.

11.5 You agree that the use of any service provided by or through Line UK Internet Ltd implies your acceptance of these terms.

11.6 Customer agree to pay reasonable legal fees and or expenses we incur in connection with our defence of any dispute brought against us that results in the failure of your case against us.

 

12 INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Line UK Internet Ltd from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of the use of the Services provided by or though Line UK Internet Ltd. This includes but is not limited to third party claim: (i) regarding Customer Data or Customer Domain Names; (ii) that Customer Brand Features infringe or misappropriate any patent, copyright, trade secret or trademark of a third party; or (iii) regarding Customer's use of the Services in violation of the Acceptable Use Policy.

 

13 GENERAL TERMS

13.1 If any provision of this Agreement is held by a court or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable.

13.2 Line UK Internet shall not be liable for any delay or failure in performance of its obligations to the extent that such delay or failure is attributable to matters beyond its direct and reasonable control.

13.3 Line UK Internet may assign the benefit or burden of this Agreement upon notice to you.

13.4 Line UK Internet’s failure to exercise or enforce or any delay in exercising or enforcing any right or benefit conferred by this Agreement shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.

 

14 GOVERNING LAW

This Agreement shall be governed and construed in accordance with English law, and the Parties irrevocably agree to the non-exclusive jurisdiction of the English courts.

 

15 DEFINITIONS

The person, party or entity "Signing" this Agreement and/or receiving the Service provided may be referred to as "You" or "Customer". "Signing" as well as being a written signature, may also take the form of an electronic acceptance of the Agreement when placing the Service Order online. “Activation” occurs when Line UK Internet notifies you that the relevant Service is available for use or when you start to use the service, whichever occurs first;  “Activation Charges” means those amounts payable by you to Line UK Internet for the connection and activation of a Service as set out in the Service Order; “Agreement” means these terms and conditions together with the Service Order, Acceptable User Policy and Addendum (if applicable); “Charges” means the Activation Charges and the Recurring Charges; “Modem” and “router” means the device to be installed at your premises between the Service and your local infrastructure includes the DSL modem and Line Filters; “Network” means the Line UK DSL partner network “Order” or "Service Order" shall mean a purchase order for the Services; “Recurring Charges” means those amounts payable by you on a recurring monthly or quarterly basis for provision of the Services as set out in the Order; "Line UK Internet" means LINE UK INTERNET LIMITED incorporated in England under number 3528482, whose registered office is at East House, 109 South Worple Way, London SW14 8TN; and “Service(s)” means the Service being provided and is in used by 'Customer' and/or described in the relevant Order and/or in Line UK Internet Ltd invoice to 'Customer'. ‘Partners’, ‘Suppliers’ and ‘Resellers’ means the partners and or suppliers Line UK Internet works in conjunction with in providing the service.

 

16 OTHER AGREEMENT POINTS

The Agreement constitutes the complete and exclusive agreement between you (the Customer) and Line UK Internet Ltd regarding the particular subject matter and the Agreement supercedes and replaces any prior agreement or communication whether written or oral.

 

17 FORCE MAJEURE

Neither Line UK Internet, it's 'employees', 'partners', 'suppliers', 'affiliates', 'agents', 'resellers' or you (the Customer) shall be in voilation of this Agreement if the failure to perform an obligation under this Agreement is due to an event beyond the party's control, such as a significant failure of parts of the Internet disturbance or third party Internet/communications equipment used in connection with providing the service, natural disaster, war, act of terrorism, riot, epidemic, strikes or other organised labour action or events of for which precautions are generally not taken in the industry.

 

18 SECURITY

You (the Customer) accept that email is not a secure means of communication and should not be relied upon for the transmission of sensitive information.

 

19 CHANGES TO THIS AGREEMENT

From time to time we may make changes to this Agreement including the Acceptable User Policy, that are reasonable and are consistent with the industry norm. Providing these changes are within applicable law, any such changes made during the term of your Agreement shall become effective on your renewal date or on the execution of a new or additional Service Order or Service Provision or upon 30 days following our notice to you by email or by letter describing the change. If the change adversely or materially affects you, you may terminate this Agreement by giving us written notice on such grounds no less than 30 days following the effective date of the change.

 

 

 

 
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