AOK Internet Ltd - Terms and Conditions You indicate acceptance of these terms and conditions of service by placing an order with AOK Internet Ltd. These terms and conditions will not be varied for individual customers. Version Update – 1st January 2010 1 DEFINITIONS 1.1 In this Agreement the following words and expressions shall have the following meanings: 1.1.1 "downtime" means any service interruption in the availability to visitors of the Website; 1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country; 1.1.3 "AOK Internet" means AOK Internet Ltd 1.1.4 "Clients" and "You" refers to AOK Internet's clients for website, design, broadband/dialup provision or any other related Internet services. 1.1.5 "IP address" stands for internet protocol address which is the numeric address for the server; 1.1.6 "ISP" stands for Internet Service Provider; 1.1.7 "server" means the computer server equipment operated by AOK Internet in connection with the provision of the services; 1.1.8 "the services" means web hosting, domain name registration, email and any other services or facilities provided by AOK Internet. 1.1.9 "spam" means sending unsolicited and/or bulk emails; 1.1.10 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses"; Page |1 1.1.11 "visitor" means a third party who has accessed the Website; 1.1.12 "co-location" means the provision of space to host servers within AOK's data centre's. 1.2 Product specifications and details may be found at www.aok-group.co.uk www.aok-internet.co.uk, www.aok-computers.co.uk, or www.sngs.co.uk 1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders. 1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. 2 INTRODUCTION 2.1 The Customer wishes to provide AOK Internet with data that will be hosted on AOK Internet's servers and made accessible via the Internet. 2.2 AOK Internet provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions. 3 DUTIES 3.1 AOK Internet shall provide to the Customer the Services specified in their order subject to the following terms and conditions. 3.2 The Customer shall deliver to AOK Internet the Website and the software used in the Website which is owned by the Customer, or licensed to him by a third party or AOK Internet ("the Customer Software), in a format specified by AOK Internet. 3.3 You agree to provide true, accurate, current and complete information which you are required to provide when you register as a User of AOK Internet ("User Information"). You agree to notify us immediately of any changes to the User Information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. 4 CHARGES, PAYMENT AND MONEY BACK GUARANTEE 4.1 Payment methods include credit cards (including MasterCard, Visa, and American Express), debit cards (including Switch/Maestro), cheque, bank transfer (when agreed), bank standing order mandate (when agreed) and direct debits. Page |2 4.2 AOK Internet do not accept postal orders, cash or any other form of payment other than those outlined in 4.1 4.3 Charges quoted are exclusive of VAT (unless otherwise noted), which if payable and shall be paid by the Customer. 4.4 AOK Internet shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force. 4.5 AOK Internet does not provide credit facilities. 4.6 From time to time AOK Internet may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses. 4.7 AOK Internet provides "Money Back Guarantees" on certain products. Should your product qualify for this guarantee please raise an email to support@aok- internet.co.uk within 30 days of placing your order for a full refund. This guarantee excludes domain names or broadband circuits which may not be cancelled once ordered. 4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year. 4.9 All payments must be in GBP. Payment is accepted by Cheque, Credit/Debit Card, Standing Order or Direct Deposit. 4.10 If your cheque is returned by the bank as unpaid for any reason, you are liable for a "returned cheque" charge of £32.00 + VAT to cover our administration & banking costs 4.11 You acknowledge that our Services are provided using facilities provided to us by third parties; AOK shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the minimum Contract term or the continuation of the Contract, 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 this 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 this Contract ends Page |3 4.12 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. AOK agrees to be party to this Contract upon AOK's acceptance of cleared funds covering first invoice or the first payment under the Order Form. Recurring charges are payable on connection and thereafter on or before the same day (the due date) of all subsequent months under the minimum Contract term. If payment is not received on or before the due date AOK reserves the right to immediately withdraw, suspend or limit service and will charge the either a re-connection fee as per clause 8.9 or in the case of commercial late payments (business to business) interest at the rate of 8% above the Bank of England base rate in addition to compensation at a fixed fee of £40.00 for a debt less than £1000, £70.00 for a debt of £1000 or more, but less than £10,000 or £100.00 for a debt of £10,000 or more as specified in The Late Payment of Commercial Debt Regulations 2002. 4.13 A standard cancellation fee of £65.00 + VAT is charged if a broadband service order is cancelled prior to its activation. If the cancellation is of the customer choosing, they will be liable for all costs including the return of any hardware back to AOK Internet Limited. 4.14 Refunds on Broadband activations cannot be issued once your line has been activated. 4.15 Any faulty broadband modems/routers will be repaired or replaced at the manufacturer's discretion, details of which can be found in our hardware warranty which can be found at; http://www.aok-group.co.uk 4.16 Broadband cancellations & outbound migrations during the contract term will incur a cancellation penalty charged at 50% of the monthly recurring charge for each remaining month of the contract period plus £85.10 + VAT to cover AOK's liabilities to third party providers. 4.17 In line with BT's cessation charges, any broadband service which is terminated, a cease charge of £17.99 + VAT charge will be applicable. 4.18 We will allow you to move your Broadband from one phone line to another during and outside of your contract term. This will involve ceasing your current connection and activating a new number. This will incur a disconnection charge of £15.75 + VAT and an activation charge of £40 + VAT. The activation charge may be waived at AOK's discretion subject 12 month contract extension to your existing contract term (if applicable). 4.19 We will allow you to migrate away or cancel your service upon expiry of the contract term and upon settlement of all outstanding charges. Page |4 4.20 We will allow you to migrate away your broadband connection to another service provider or cancel services entirely during your contract period but you be liable for cancellation charges as per clause 4.16. 4.21 AOK Internet Limited will issue free of charge, one Migration Authority Code (MAC Code) per contact/broadband line. All MAC codes are valid for a period of 30 days. In cases whereby a MAC code has expired, a charge of £7.00 + VAT will be applicable per each additional MAC code. 4.22 You may change your tariff at the end of your contract term. You will be bound by a new contract term as specified on the order form or agreed verbally or by electronic mail at the time of changing. 4.23 You may upgrade your tariff within your contract term subject to a £13.99 + VAT administration charge. 5 IP ADDRESSES 5.1 AOK Internet shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses. 5.2 Where AOK Internet changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer. 6 SOFTWARE LICENCE AND RIGHTS 6.1 If the Customer requires use of software owned by or licensed to AOK Internet ("AOK Internet's software") in order to use the Services, AOK Internet grants to the Customer and its employees, agents and third party consultants and contractors, a royalty- free, world-wide, non-transferable, non-exclusive licence to use AOK Internet Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in AOK Internet Software. 6.2 In relation to AOK Internet's obligations under this Agreement in connection with the provision of the Services, the Customer grants to AOK Internet a royalty-free, world- wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to AOK Internet any right, title, interest or intellectual property rights in the Customer Software or the Content. Page |5 6.3 The Customer undertakes that he will not himself/herself or through any third party, sell, lease, license or sublicense AOK Internet Software. 6.4 AOK Internet may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, AOK Internet shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer. 7 SERVICE LEVELS AND DATA BACKUP 7.1 AOK Internet shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, AOK Internet makes no warranties or representations that the Service will be uninterrupted or error-free and AOK Internet shall not, in any event, be liable for interruptions of Service or downtime of the server. 7.2 AOK Internet carries out data backups for use by AOK Internet in the event of systems failure. AOK Internet does not provide data restoration facilities for individual customers. Even though every effort is made to ensure systems data is backed up correctly, AOK Internet accepts no responsibility for data loss or corruption. A data backup and restore facility is provided with every hosting package and it is the customers responsibility to ensure they backup their data as appropriate. You shall be responsible for keeping your own copies of all content published by you in connection with AOK Internet or the Services. We will not be responsible for any file recovery or for files or emails lost. 8 ACCEPTABLE USE POLICY 8.1 The Website(s) and use of the Services that AOK Internet provide may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to: 8.1.1 use the Services or the Website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services; 8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities; Page |6 8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website; 8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others; 8.1.5 engage in illegal or unlawful activities through the Services or via the Website; 8.1.6 make available or upload files to the Website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or 8.1.7 obtain or attempt to obtain access, through whatever means, to areas of AOK Internet's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers. 8.1.8 operate or attempt to operate IRC bots or other permanent server processes. 8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, AOK Internet is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services. 8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 AOK Internet shall be entitled to withdraw the Services and terminate the Customer's account without notice. 8.4 All AOK packages are based on contention, that is, the number of other people with whom you share your service connection. In order to allow everyone online and for us to guarantee quality services for all, we have in place a Fair Usage Policy with our packages. AOK continuously monitors its network and may take measures to control congestion if there is evidence that this is occurring. If usage is such that it is significantly affecting service to other AOK users we will instigate congestion control measures. This is necessary to allow all users to access the service. Our fair usage policy is located at http://www.aok-internet.co.uk and forms part of these terms and conditions. Page |7 9 ALTERATIONS AND UPDATES All alterations and updates to the Website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person or is believed to have become compromised, the Customer agrees to immediately inform AOK Internet and the password will be changed. 10 WARRANTIES 10.1 The Customer warrants and represents to AOK Internet that AOK Internet's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to AOK Internet as set out in Clause 6.2. 10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, AOK Internet shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer. 11 INDEMNITY The Customer agrees to indemnify and hold AOK Internet and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against AOK Internet arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website. 12 LIMITATION OF LIABILITY 12.1 Nothing in these terms and conditions shall exclude or limit AOK Internet's liability for death or personal injury resulting from AOK Internet's negligence or that of its employees, agents or sub-contractors. 12.2 The entire liability of AOK Internet to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen. Page |8 12.3 In no event shall AOK Internet be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or AOK Internet had been made aware of the possibility of the Customer incurring such a loss. 13 TERM, TERMINATION, NOTICES AND CHANGES OF SERVICE 13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement. 13.2 This Contract may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the minimum Contract term or at any time thereafter. If AOK gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges until 30 days after the date AOK receives the notice or until expiry of the notice, whichever is the latter. Your notice does not avoid any other liability for Service already provided. 13.3 Any notice of termination of service must comply with point 13.2 and be in writing including your account username, name & address sent by either royal mail first or second class to our communications address at AOK Internet Limited, 32 Ashwood Drive, Yeovil, Somerset BA21 5DZ and shall be deemed to be served two days following the date of posting or by Fax to our fax number displayed on our website. For security reasons, AOK will not accept telephone or email terminations as security & delivery cannot be guaranteed. 13.4 AOK reserves the right to change the terms and conditions of service providing all parties with 14 days notice of these changes by email, first class post or record delivery. Upon receipt of changes parties may carry out 10.1 of these terms in accordance to any contract term being completed or clause 4.16 will apply. 13.5 AOK reserves the right to terminate your account without notice, but normally suspending accounts will be the first cause of action. 13.6 Either party may terminate this Agreement forthwith by notice in writing to the other if: 13.6.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or 13.6.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or Page |9 13.6.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or 13.6.4 the other party ceases to carry on its business or substantially the whole of its business; or 13.6.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets. 13.7 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination. 13.8 On termination all data held in the customers account will be deleted. 14 ASSIGNMENT 14.1 AOK Internet may assign or otherwise transfer this Agreement at any time. 14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without AOK Internet's prior written consent. 15 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events. P a g e | 10 16 SEVERANCE If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated. 17 NOTICES Any notice to be given by either party to the other may be sent by either fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting. 18 ENTIRE AGREEMENT This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice. 19 GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. 20 DOMAIN NAME REGISTRATION 20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it, AOK Internet will provide a full refund for that domain name. 20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars. 20.3 You understand that you are additionally to comply with Nominet's Terms & Conditions (as stated on http://www.nominet.org.uk/nominet-terms.html ) in cases of domains ending in ".co.uk", “me.uk”, or ".org.uk". P a g e | 11 21 SCRIPTING AOK Internet are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system. 22 PRIVACY To protect your privacy we will not distribute your details to third parties, unless required to do so by law. 23 DATA TRANSFER 23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included. 23.2 Web hosting accounts that are prohibited from hosting file distribution websites, adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites, reselling or giving away web space under a domain, sub domain or directory. 24 SERVER USAGE Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements. 25 EMAIL NEWSLETTER AOK Internet communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things, changes to our terms and conditions, notification of major outages, updates to our products & features and special offers. P a g e | 12 26 WEB DESIGN 26.1 We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws. 26.2 No money is required upfront for our web design work. We create multiple mock up “test designs” of a proposed web page. If you are not happy with these designs you can walk away without paying a penny! If this is the case you will not be permitted to use any of the images, logos or design elements created by us during this stage. If you are happy with a test design and would like use to proceed with the website we will require 50% of the agreed website commission to complete the work on the site. The remaining 50% is only required when the site is online and completely finished to your satisfaction. 26.3 AOK Internet cannot always guarantee to start work on web design projects immediately. If this is the case it will be discussed with the client before any work is started. All reasonable efforts will be made to work to client time scales. 26.4 All material, both text and images, supplied by the client and used in the construction of the client’s web site by AOK Internet will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. 26.5 We will contact you approximately 30 days before your hosting package is due for renewal. If you do not wish to renew your account please backup all your files and contact us to let us know. If we do not hear from you by the day of renewal your website may be taken offline temporarily until payment is received. 26.6 You are free to cancel a hosting account at any time. If you are paying monthly you can cancel immediately by cancelling your recurring payment. If you are paying yearly you can cancel at any time and will not be charged for the next year. 26.7 Data stored on our servers is not guaranteed to be backed up. It is the responsibility of the client to ensure their data is backed up on a regular basis. You can do this in your hosting admin panel (http://cp.aok-internet.co.uk) by clicking “Web Tools” then “Backup” or “Restore” your Website 26.8 Refunds will be made at our discretion and will be refunded using the same method used to pay for the service. 26.9 Refunds for payments made by PayPal will be subject to PayPal charges. 26.10 The copyright for all material provided by AOK Internet, such as HTML code, graphics, photographs and text, will remain the property of AOK Internet until such time as payment has been made in full whereupon they will become the property of the client. P a g e | 13 26.11 AOK Internet will make every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed. If this is the case we will gladly modify pages to work on newer browsers. At AOK Internet we design our websites with W3C web standards in mind. 26.12 AOK Internet will make every effort to design pages compatible with various monitor resolutions. If this is not possible it will be discussed with the client before hand. 26.13 We submit your website to several major search engines as part of the web design commission. 26.14 AOK Internet cannot guarantee a certain placement in a search engine listings but we will do all we can to aid the search engine ranking of our web site commissions by optimising the web pages to the full extent. 26.15 AOK Internet can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s web site. 26.16 We reserve the right to temporarily remove any websites that have not been paid for during the testing phase. When payment is received the website will be displayed. 26.17 AOK Internet expects final payment by cheque, credit card or debit card (via ProtX or PayPal) or by bank transfer within 28 days of the website completion. Completion is defined as when both AOK Internet and the client both agree a website is completed as quoted. On receipt of payment, AOK Internet will publish the website on the agreed server. 26.18 All of our web design commissions come complete with our “free minor update” offer. This applies only if we are hosting the website and only if the yearly hosting charge has been paid for that time period. This “free minor update” offer covers updates to existing text, images and other small changes to be pre-approved. Any other larger updates will be competitively quoted for before hand and carried out as per our terms for standard web design. 26.19 We cannot guarantee when updates that are done for free will be carried out although we will make every effort that these are done as quickly as possible and usually within 24 – 48 hours. 26.20 AOK Internet reserves the right to alter prices at any time without notice. If a client has commissioned any services from AOK Internet prior to a change in prices that commission will NOT be subject to any increase (this includes web design charges and hosting fees) 26.21 AOK Internet aim to have 99.9% uptime on our servers but cannot be held responsible if this is changed due to circumstances beyond our control. We will make all reasonable efforts to make sure your website is online for as long as possible. P a g e | 14 26.22 Any website owner using illegal or unfair techniques to gain visitors to their websites (spam e-mails or other unauthorised techniques) will not be allowed to host their website’s on our hosting servers. Any website owners found doing this will have their website(s) removed for the server and domain name(s) released. 26.23 All our websites come with 1 free .co.uk domain name. Any other top level domain names will be charged for (fee to be agreed). When the domain name expires (2 years for .co.uk and 1 year for .com) we will automatically renew it for you if we are hosting your site at no extra charge! This is included in our hosting fee. If we are not hosting your site we cannot be held responsible for the expiration of domain names although every effort will be made to renew them in any case. 26.24 All our hosting packages come with a 30 day money back guarantee. The refund will be made using the same method of payment that was used at the time of purchase. Domain name registration fees are not covered by this guarantee and are non-refundable. 27 BROADBAND & DIAL-UP 27.1 AOK Internet's Broadband xDSL package speeds are not guaranteed to give the maximum speed subscribed to and are offered on an "up to" basis of the particular speed subscribed to because maximum speed is dependant on external factors beyond our control. We reserve the right to terminate your account (including user name and password) if any user information is untrue, inaccurate, out-of-date, incomplete or you are any other way in breach of our Terms & Conditions. 27.2 ADSL Availability Checker: Search results shown on our web site are generated by British Telecommunications plc. No warranty is given by us as to the accuracy of the search or availability of ADSL broadband. You acknowledge that we accept no responsibility for any hardware purchased by you where final tests prove unavailability of ADSL. You acknowledge that prior to proceeding with this application you have used the ADSL availability checker and received a positive result for the telephone number to be activated for ADSL and that not doing this will incur an administrative fee equivalent to 10% of your order (based on annual package cost). 27.3 In the event of you using the 0845 facility you understand that the 0845 facility offers unlimited access dialling a 0845 number metered at local call rate. We reserve the right, legal or otherwise, to restrict, suspend, or terminate your access to our service for any reason, including in particular if your use of our service causes or is likely to cause the whole or part of our service to be interrupted, damaged, rendered less efficient or in any way impaired or in any way detrimental to other users. P a g e | 15 28. FAULTS AND BT ENGINEER APPOINTMENTS 28.1 If you have a fault with your Broadband line, we will carry out diagnostic tests both on ours and BT's systems. If we receive an indication from BT that a BTOpenreach engineer is required, we will confirm a suitable date and time frame for an engineer to visit. If the BTOpenreach Broadband engineer attends but cannot carry out the testing or you are not home, you will incur a missed/failed appointment charge of £105.00 including VAT. 28.2 If a BTOpenreach Broadband engineer is required to attend your premises to diagnose and fix a fault with your Broadband, and the fault does not lie on BT Group's equipment/network you will be charged £180.95 inc VAT for their time. It is vital that you are sure that your premises' internal wiring is correct and that your modem or router is not faulty. We will help you check this. AOK, is not liable in any way for this charge. It is your responsibility to ensure your equipment & extension/internal wiring is in working order. 28.3 AOK is not in any way liable in Contract or otherwise for any damage or loss caused by a representative of BTOpenreach whilst attending your premises. Any damage should be reported to the BTOpenreach engineer whilst he/she is at your premises. Failure to do so may relinquish any claim you may have against BTOpenreach. 29 STATUTORY RIGHTS By agreeing to these terms and conditions your statutory rights are not affected. AOK Internet reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions listed above. We have aimed to make our terms and conditions and all content on our website as clear, concise and fair as possible. If you have any questions or comments please contact us. AOK Internet Ltd Registered address: 20 Chamberlain Street, Wells, Yeovil, Somerset BA5 2PF Communications address: 32 Ashwood Drive, Yeovil, Somerset BA21 5DZ Tel: 01935 473280 Registered in England, reg no: 6451929 VAT Registered: GB924869580 P a g e | 16
"AOK Internet Ltd - Terms and Conditions"