Corpex - The Business Internet Company Tuesday 2nd December 2008
ANTI SPAM AND ANTI VIRUS SERVER MANAGEMENT HOSTING DOMAINS EMAIL INTERNET ACCESS OTHER SERVICES
CONTACT CORPEX

CONTACT INFORMATION

ONLINE ENQUIRY FORM
HOME COMPANY TECHNICAL SUPPORT RESELLERS CONTACT CORPEX
  Terms and conditions - the Agreement

1. Introduction
1.1 Corpex Limited ("Corpex") provides a range of Internet-related services ("Service" or "Service(s)"). Services are described on the Corpex Web site at http://www.corpex.com/products/prodindex.htm
1.2 ArmourPlate, the Corpex anti-virus service, is subject to separate terms and conditions. For all other Services, these terms and conditions ("the Agreement") constitute the entire terms and conditions upon which Corpex provides Service(s) and upon which each organisation ordering Service(s) (the "Client") agrees to contract for the use of Service(s). The Agreement supersede any written or oral representations, statements, understandings or agreements, except where specifically varied by written agreement by Corpex on its order acknowledgement that specifically adds to or excludes any terms contained herein.
1.3 By placing an order for Service(s), you, the Client, confirm your acceptance of and agree to be bound by the Agreement.
1.4 From time to time, it will be necessary to update the Agreement and you agree to be bound by the new Agreement after the implementation date for the new Agreement.
1.5 You are responsible for reviewing regularly the Agreement, which is shown online under the heading "Terms and Conditions - the Agreement" at www.corpex.com/terms/terms.asp
1.6 In the event of any conflict between the Agreement and any other document, the Agreement shall prevail.

2. Service provision
2.1 Corpex will use all reasonable endeavours to provide the Services.
2.2 Corpex may at any time amend any Service(s) for any reason including, but not limited to, technical, legal or business reasons.

3. Service commencement date
For any continuous service such as Business Web hosting or Server management, the "Service Commencement Date" shall be the date the Service is available for use by the Client.

4. Client Obligations
4.1 In order to provide Service(s) certain information will be required from the Client by Corpex. The Client will provide Corpex with all technical and other information Corpex may reasonably request from time to time. Any change to any information, including Client address details, will be notified to Corpex immediately on such change.
4.2 The Client shall pay the charges for Service(s) in accordance with clauses 5 and 6 below.
4.3 The Client is responsible for information displayed on a Web site using Service(s) or otherwise sent to or from the Client using Service(s) and shall comply with all laws relating to the transmission of such information and shall not use Service(s) for any unlawful purpose.
4.4 The Client shall indemnify Corpex and keep Corpex indemnified against any liability to any third party arising out of or connected with the Client's use of Service(s). Also see Appendix A relating to Web site usage.
4.5 Corpex is entitled to suspend or terminate the Client's use of Service(s) if the Client fails to comply with any of its obligations under this clause 4. Also see clause 7 regarding termination.

5. Service charges
5.1 Charges for Services other than as referred to in clauses 5.2, 5.3 and 5.4, shall be based upon current prices as displayed on the Corpex Web site.
5.2 Server housing services are provided based upon individually quoted prices. The prices charged shall be those stated on the order acknowledgement provided to the Client.
5.3 Annual renewal prices for Web site packages are as listed below:

Business Start packageBusiness Start NT packageBusiness Start FP packageBusinessShop packageBusinessShop NT packageColdFusion Developer package
£239
£239
£239
£399
£399
£599

 

5.4 File storage - Web site packages
Your annual subscription covers the cost of up to 10MB of file storage we reserve the right to charge for additional space used at our current rates in force at any time.
5.5 Bandwidth
Your subscription covers permitted bandwidth usage of up to 1GB per month, and if your bandwidth usage is above this limit, then Corpex will make additional charges to you in accordance with its additional bandwidth charge at a rate of £50 per GB.
5.6 Corpex reserves the right to change prices or institute new charges for use of Service(s) at any time.
5.7 If the Client has any query or dispute relating to any invoice raised it shall notify Corpex within ten days of the invoice date of such query or dispute.

6. Payment of Service charges
6.1 The first Invoice raised shall be paid in advance of Service(s) commencement unless otherwise stated on an order.
6.2 Any invoices not required by Corpex to be paid in advance and all subsequent invoices shall be due for payment 30 days from the invoice date.
6.3 If payment is not received by the due date then Corpex shall be automatically entitled to charge interest at 1.5 per cent per month, from the date when payment is due until the date when payment is received.
6.4 The Client shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Corpex. All payments made are non-refundable.
6.5 Corpex is entitled to suspend or terminate the Client's use of Service(s) if the Client fails to pay any and all invoices by their due payment date. Also see clause 7 regarding termination.
6.6 Should Corpex consider it necessary to use a debt collection company to recover monies owed to us by you, the Client, or your agent, Corpex reserves the right to levy a £50 surcharge in addition to any outstanding amount.

7. Service term and termination
7.1 Annual services
7.1.1 For annual services such as Business Web hosting, the first Service term shall be one year from Service Commencement Date. Thereafter such Service(s) shall renew on an annual basis.
7.1.2 The Client may terminate an annual Service by written notification to Corpex via both email to service@corpex.com and postal confirmation on your company letterhead. Both notifications need to be received by Corpex at least seven working days before the subscription renewal date.
7.2 Server management
7.2.1 The Client may terminate Service(s) by giving not less than three months written notice by notification to Corpex via both email to cancellations@corpex.com and postal confirmation on your company letterhead.
7.2.2 Should the Client wish to remove any server managed hardware or other property from the Corpex facilities either temporarily or permanently for any reason whatsoever, then Corpex at its sole discretion reserves the right to enforce the provisions of clause 7.2.1 requiring a minimum of three months notice and payment thereof in clause 7.7.
7.2.3 In the event that the required notice has been given to Corpex and any outstanding account due to Corpex has not been paid in full, on the serving by Corpex of 14 days notice in writing, Corpex reserves the right to sell any housed hardware or other housed property of the client in full or partial settlement of any unpaid account.
7.2.4 Corpex has the right of set off of any housed hardware or other property of the client against any amount due and unpaid.
7.3 Domain names
7.3.1 If the Client wishes to transfer a domain name to another service provider, Corpex reserves the right to require the Client to pay immediately all monies owing from the Client to Corpex before such transfer is made. Corpex shall not be liable for any liability or loss incurred by the Client for any delay in making such a transfer.
7.4 All charges made are non-refundable in the event of early termination by the Client.
7.5 Corpex shall be entitled to suspend Service(s) in accordance with clauses 4.5 and 6.5.
7.6 Corpex may terminate provision of Service(s) immediately if the Client takes or suffers any action on account of debt or is insolvent.
7.7 Corpex expressly reserves the right to terminate or suspend your Service(s) without prior notice should you fail to comply with any of the terms of the Agreement or should Corpex deem at its sole discretion that such action is necessary or prudent in order to protect Corpex. In such circumstances Corpex will confirm such termination or suspension by subsequent notice.
7.8 The Client's rights under the Agreement will terminate immediately upon termination and all invoices not paid by the Client will become due and payable immediately.
7.9 The Client will not be entitled to any compensation whatsoever in the event of termination and Corpex will not be liable for any consequential loss whatsoever in relation to termination of your Service(s) in any circumstances.

8. 30 Day Evaluation Period
The Corpex Business Start Web Space Package and Business Start NT Web Space Packages begin with a 30 day evaluation period. If you decide not to take the service after this period you must notify Corpex in writing via both email to cancellations@corpex.com and postal confirmation on your company letterhead to be received by Corpex prior to the end of the 30 day trial period. If you do not and later cancel your account, Corpex reserves the right to recover from you the original invoice value charged for the service, whether or not you have used or intend to use the service in the future and/or whether or not the Domain Name you originally ordered is still available.

9. Disclaimer and Limitation of Liability
9.1 The Client uses Service(s) at its own risk and in no event shall Corpex be liable to the Client for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Corpex's negligence) including, but not limited to, loss of profits, loss of contracts, business interruptions, loss of or corruption of data or the Client's inability to use Service(s), however caused and whether arising under contract or tort, including negligence or otherwise, except as expressly provided herein.
9.2 Domain Names
9.2.1 Corpex will facilitate payment of Domain Name registration body or other related charges on your behalf subject to receiving prompt payment of the same from you. However, Corpex will accept no liability in relation to payment or non-payment of these charges or any dispute in relation to Domain Names.
9.2.2 Corpex reserves the right in the event of disputes concerning Domain Names to suspend the use of Domains, to impose a homepage redirect system or other systems which Corpex at its sole discretion considers necessary or prudent. Corpex will usually only act upon court order or legal advice in relation to Domain disputes and will seek wherever possible to notify you of any action to be taken in advance.
9.2.3 Corpex will not accept any liability for actions taken in relation to name disputes and you indemnify Corpex for any legal or other costs, charges, damages, fines or other financial consequences in relation thereto.
9.3 Mail & Back Up Policy
9.3.1 Excepting the Corpex ArmourPlate service, Corpex will under no circumstances monitor the content of any client mail routed via Corpex or systems hosted by Corpex, save under authority of law or court order. Mail is entirely your responsibility and you are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner.
9.3.2 Corpex will take all reasonable steps to ensure accurate and prompt routing of messages but will not accept any liability for non-receipt or misrouting or any other failure of mail. You are reminded that sensitive mail should be sent with the use of suitable encryption procedures.
9.3.3 Corpex will not accept responsibility for losses of data or other information due to hardware failures and back-up of your mail facilities and Web pages (including data held on Web hosted machines) are entirely your responsibility.
9.3.4 If you are a Server management client, Corpex will provide a periodic backup of your data upon payment of additional back-up charges, and Corpex will use reasonable endeavours to ensure the accuracy of such backups taken, and to restore your data should a failure occur. However no liability is accepted for failures in the back-up system or restoration from back-up which are not reasonably foreseeable by Corpex.
9.4 Server management
9.4.1 Corpex will endeavour to take reasonable steps in relation to security of your server-managed computer equipment located at Corpex and will provide insurance for them against theft and physical damage but excluding maintenance and component failure. Corpex reserves the right to levy upon you any additional insurance premiums incurred by Corpex as a result of your server-managed computer equipment being located at Corpex.
9.4.2 You will be liable for any maintenance or other replacement costs incurred in order to repair your system, but we will wherever possible advise you in advance of the likely costs. Corpex will not be responsible for downtime or other systems failures or failures which are cause by factors outside of the control of Corpex including lack of available parts.
9.4.3 Corpex maintains an uninterruptible Power Supply on our main connectivity systems (such as Corpex routers, hubs, DNS, mailservers). However this does not extend to server-managed computer equipment, and we recommend that you fit such systems to your Web hosting hardware and other computer equipment located at Corpex. Corpex will endeavour to advise you in relation to such systems but without liability attaching to such advice or implementation of such systems. You will be responsible for the provision of and maintenance of any such systems and any costs incurred in relation thereto.
9.5 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Corpex becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence) or otherwise, will not exceed the total charges paid by the Client in the twelve months preceding such liability arising.

10. Use Of Information by Corpex
Corpex will not distribute (excepting any disclosure to the relevant authorities as above) Client Web pages outside Corpex without the Client's consent but may include information about a Client in promotional material and advertising and may make such information available to third parties for promotional or advertising purposes. You agree that files that you have uploaded to Corpex may be used in such manner and for such purposes.

11. General
11.1 Any notice required to be given pursuant to the Agreement shall be in writing and shall be delivered by prepaid first class post to the address of the relevant party set out in the Client order details for the Client and on the Corpex Web site for Corpex.
11.2 Failure or delay by Corpex in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
11.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
11.4 The construction, validity and performance of this Agreement shall be governed by English Law.

-------- End --------

Appendix A to the Agreement


Web Site Usage

1. Confidentiality of access
1.1 You agree to keep secure your Corpex identification, password and other confidential information relating to your account. We cannot guarantee that unauthorised users or hackers will never infiltrate the system. Your data may not be secure against hackers and you take that risk. If you find evidence of infiltration, you must let us know and we will take steps both to try and prevent it and to notify the proper authorities.
1.2 You are personally responsible for the use of your account and the secrecy of your password. If you are a corporate user then the company is also responsible, together with the individual using the account. In addition, you are deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using your correct account ID and password.

2. Client Web site content
2.1 Corpex will not monitor the contents of your Web pages. Files that you upload to your Web pages are subject to withdrawal without notice by Corpex upon complaint about their content where Corpex at their sole discretion deem this necessary. You warrant the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which you place on your Web pages. You warrant that you are authorised to promote any information which you do so on your Web pages (for example if you are providing financial information, that you hold any necessary authorisation required under the Financial Services Acts etc.).

2.2 You must also tell us immediately if someone steals your password or if you find someone else is using your ID. We will change your password for you if this is the case.

2.3 You must also cooperate with Corpex and the Police concerning any legal action taken arising from the misuse of your account by anyone else. You are entirely responsible for the content of your Web pages. You may not, under any circumstances, use any Corpex service to do any of the following:

2.3.1 publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
2.3.2 threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;
2.3.3 engage in illegal or unlawful activities;
2.3.4 make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
2.3.5 make available / upload files that contain a virus or corrupted data;
2.3.6 falsify the source or origin of software or other material contained in a file that you make available on your Web pages;
2.3.7 act, or fail to act, in your use of the Web pages, in a manner that is contrary to applicable law or regulation.

2.4 You are entirely responsible for any civil or criminal liability that is incurred as a result of your use of your Web pages. We undertake not to look at the content thereupon except where we have reasonable cause to do so in order to protect the continued use of the system or our reputation or we have cause to believe that our terms and conditions are being breached.

3. Root Access and Security on Corpex
Corpex reserves the right of root access on all Corpex equipment or any Web server or other equipment located at Corpex and it is a condition of use that you do not attempt to gain root access. Should you find or suspect that there has been a breach of network access then you are required to inform Corpex immediately.

4. Advertising on your Web site
If you advertise or offer to sell goods or services via your Web pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc. If you are advertising goods in the course of a trade or business this must clearly be so stated. Corpex reserves unconditionally and at its sole discretion the right to withdraw pages or other services in order to prevent damage (or the likelihood or threat thereof) to its system or reputation or otherwise for its security, safety or continued operation or upon legal advice. If such withdrawal occurs, then you will be deemed to have expressly authorised Corpex to make any disclosures to the relevant authorities or other bodies that Corpex reasonably considers to be necessary or appropriate.

FIND & PURCHASE A DOMAIN NAME...
  
Please enter search without extension
e.g. 'domain' NOT 'domain.co.uk'
 
ENQUIRY FORM | CONTACT CORPEX | SITE MAP
© 1996 - 2008 Corpex Ltd.
Corpex - The Business Internet Company
Visit Corpex Germany: