Main Terms and Conditions
Internet Central Limited
1. For the purposes of the document the terms defined below
have the meanings specified:-
(a) the "Agreement" is these terms, together with any
individual product / service terms (see Annexes above) or
specific service level agreement (SLA) / AUP directly associated
with a particular Internet Central Limited service or contract, and
constitute the entire and only agreement between Internet Central
Limited and the User Organisation (including its designated users)
with respect to the Service and supersede all other communications
and agreements with regard to the subject matter hereof.
(b) the "Service" consists of Email Services, Domain Registrations, Dial
(modem/ISDN), Fixed Line, IC-Air, Broadband (including ADSL, SHDSL,
VDSL and other technologies) Web Hosting and other services
provided by Internet Central Ltd.
(c) the "User Organisation" or "Customer" is the company or
individual signing or agreeing to take services from the Company
and accepting this agreement either verbally or electronically.
(d) the "Company" or "IC" means Internet Central Limited, Ivy
House Foundry, Leek Road, Hanley, Stoke-on-Trent ST1 3NR registered
in England No. 03079542
(e) "IC Corporate Marks" means the registered or
unregistered trade marks and service marks, house marks and marks
of ownership, trading names brand names, distinctive colour
schemes, devices, styles, emblems and other manifestations
associated with IC including the logotype comprising the letters IC
and the IC sphere logo's and/or the letters IC and the connected
world device and/or any elements of these marks.
(f) "IC Group Company" means a IC subsidiary or holding
company, including without limitation a holding company of IC or
any subsidiary of any such holding company, all as defined by
Section 1159 of the Companies Act, 2006.
(g) "IC Helpdesk" means the helpdesk for the Service.
(h) "IC Website" means the website located at URL
www.ic.co.uk or such other website or URL as IC may notify the
Customer from time to time.
(i) "MBORC" means a matter beyond a party's reasonable
control including, but not limited to (a) act of God; (b)
lightning; (c) flood; (d) exceptionally severe weather; (e)
subsidence; (f) fire; (g) explosion; (h) war; (i) civil disorder;
(j) national or local emergency; (k) statutory obligation; (l)
industrial disputes (including industrial disputes involving that
party's own employees, provided that such party has taken all
reasonable steps to prevent and or resolve such industrial disputes
from arising; (m) delay or failure of that party's supplier(s); (n)
delay or failure or rationing of energy supplies; (o) acts or
omissions of local or of central government or of other competent
authorities; (p) acts or omissions of persons for whom a party is
not responsible; or any other cause whether similar or dissimilar
outside its reasonable control.
(j) "Intellectual Property Right(s)" means any patent,
petty patent, registered design, copyright, design right, database
right, rights in designs, invention, semiconductor topography
right, know-how, or any similar right exercisable in any part of
the world and shall include any applications for the registration
of any patents or designs.
(k) "IP" means internet protocol.
(l) "IP Access Circuit" means an IP circuit used to carry
IP traffic, i.e. Broadband, which IC allows to be used with the
service as detailed in the Product Handbook
(m) "IP Network" means a telecommunications network
operated on IP.
(n) "Liability and Liabilities" means all awards,
compensation, costs, expenses, losses, liabilities, damages,
claims, proceedings, awards, fines, orders, demands, actions,
payments by way of settlement, penalties, tribunal awards and other
liabilities (including legal and other professional fees and
expenses on an indemnity basis) whenever or howsoever arising or
(o) "Reseller" means those customers of IC who resell the
Service to their End Users.
(p) "Works" means consultancy, IT engineering, IT and IT
equipment/cabling installation, removal or configuration.
2. Use of Services or Purchase of Hardware or
Services from IC will automatically assume acceptance and agreement
by the Customer to this Agreement which is publically displayed on
the IC Website and referenced on all orders and web ordering pages
for the avoidance of doubt.
3. Except as defined in the particular contract, the
Company may modify this Agreement or prices, and may discontinue or
revise any or all other aspects of the Service at its sole
discretion. Should any price modification be required within the
minimum contract period and the average use charges increases in
any one calendar year by more than a cumulative 10 percent above
the Retail Price Index then the customer reserves the right to
cancel the service before the new terms are effected.
Such changes and notices will be communicated to the
Customer via either the www.ic.co.uk website, email, invoice,
letter or a combination thereof.
4. Internet Central may vary its terms and conditions from
time to time at its sole discretion. Internet Central assumes no
liability for these changes. All up-to-date terms and conditions
shall be displayed on Internet Central's website and shall be
deemed to be the current terms and conditions unless explicitly
stated in the customer's specific agreement. It remains the
customer's responsibility to access and check these terms and
conditions whenever you access Internet Central's website.
Continued use of service if any terms and conditions have been
changed will automatically assume acceptance of the changes and
agreement by the Customer to the above effect.
5. Unless otherwise agreed, User Organisations right to use
the Service is not transferable and is subject to any limits
established by the Company.
6. The Company exercises no control whatsoever over the
content of the information passing through The Company's Service
and specifically denies any responsibility for the accuracy or
quality of information obtained
7. The Company's Service may only be used for lawful
purposes. The User Organisation should note the conditions of
telephone service networks connected to the Company's Service must
comply with the rules applicable to use of that other network.
8. User Organisation agrees to indemnify the Company
against liability for any and all use of the User Organisation's
9. The Company offers global connectivity to CIX-connected
networks, the full range of European connected networks, and in the
UK to all UK members of Linx for Internet Services.
10. The Company cannot be held liable for loss of Service
resulting from breakdown, misconfiguration, or other failure, on
equipment not controlled by the Company or as a result of any event
beyond our reasonable control (see MBORC).
11. Unless agreed otherwise in a Service agreement, the
Company provides bandwidth on an as-available basis. (The network
is monitored and sized to provide fast access at all times, but it
cannot be guaranteed, e.g. under hypothetical conditions if 100% of
the Company's customers were to connect and make 100% usage of
every link bandwidth). User Organisation's bandwidth and other
resource consumption must be commensurate with the service type
taken, (e.g. the Dial-up customers do not dial-up for 24 hours
day/7 days a week).
12. The User Organisation is assumed to be competent in
making and maintaining an Internet connection, including where
applicable Internet / IP / DNS / Email / System / Firewall /
AntiVirus / network administration.
In particular, use by the User Organisation of Video / Telephony
/ File sharing applications over the Internet/Network, relying on
UDP protocol transfers including but not limited to Peer to Peer,
are to be performed with the utmost care and consideration of the
company's network infrastructure.
Where such administration is inadequate to prevent damaging
traffic or effects on the Company's network or external Internet,
the company reserves the right to unilaterally apply packet
filtering/blocking and other means to limit such damage or
The User Organisation is liable for all expenses incurred by the
company as a result of neglect, incompetence, wilful malice, or
other inappropriate behaviour or Internet/DNS/system administration
on the User Organisation's part, including but not limited to legal
fees, technical fees and loss of income.
13. The Company will provide support for the service. This
will normally be by telephone Monday to Friday from 0700 to 1800
and Saturday 0900 to 1300 except public holidays or company
shutdown periods as displayed on our web site. Support and
consultancy services may be provided additionally to this agreement
as specified in a particular contract or service level
14. Use of distribution lists in electronic mail or other
mass electronic mailings is to be done with utmost care, and
blanket, non-focused mailings are not permitted. It is expressly
prohibited for you to operate an open email relay or allow other
organisations to use your mail systems for any such purposes.
15. Due to the nature of the Internet, all email/data to be
sent outside of the company's internal infrastructure network is at
the responsibility of the User Organisation. The Company is not
liable for protection or privacy of electronic mail and information
transferred through the Internet.
16. User Organisation is responsible for and must provide
all telephone and other equipment and services necessary to access
the Service, unless provided as part of a Company service package.
Any access equipment provided by the company shall remain the
property of the company and any damage/loss/misuse of the equipment
will render the customer liable for any costs incurred.
17. In the case of Fixed Line connections / non data volume
limited or dedicated connectivity, the User Organisation is
required to upgrade to a higher speed Company Service, incurring
the relevant Company and third party costs associated with this,
when the traffic on the connection between the Company and the User
Organisation is over 60% loaded, measured as an average over a
month, for full 24 hours. In any other service the company reserves
the right to suspend, restrict or filter the service as
18. User Organisation shall pay, in accordance with the
Company service used, any registration or quarterly fees, connect
time charges, international traffic charges, call charges, data
usage charges or any other charges incurred by the User
Organisation or its designated users at the rates in effect for the
billing period in which those charges are incurred, including but
not limited to any surcharges incurred while using any supplemental
networks or services other than the Service.
19. User Organisation expressly agrees that use of the
service is at User Organisation's sole risk. Neither the company
nor any of its re-sellers, agents, information providers, licensers
or employees make any warranty as to the results to be obtained
from use of the Service.
The Service is distributed on an "as is" basis without
warranties of any kind, either expressed or implied, including but
not limited to warranties of title or implied warranties of
merchant ability or fitness for a particular purpose, other than
those warranties which are implied by and incapable of exclusion,
restriction, or modification under the law applicable to this
agreement. Neither the Company nor anyone else involved in
creating, producing or delivering the service shall be liable for
any direct, indirect, incidental, special or consequential damages
arising out of use of the Service or inability to use the Service
or out of any breach of any warranty.
20. The provisions of section 18 is for the benefit of the
Company and their respective service Providers, Licensers,
Employees and Agents, and each shall have the right to assert and
enforce such provisions directly on their own behalf.
21. This agreement is, and shall be governed by and
construed in accordance with the law of England applicable to
agreements, made and performed in England. Any cause of action of
User Organisation or its designated users with respect to the
Service must be instituted within one year after the claim or cause
of action has arisen or be barred.
22. User Organisation's account will be charged for
services provided under this Agreement as follows:
a. All set-up fees, initial rental and any
equipment/software costs will be invoiced immediately on acceptance
of the Service and will be payable within 14 days.
b. Unless otherwise stated in a specific contract or
service level agreement (SLA) fixed Subscription/Rental fees will
be paid monthly/quarterly by Direct Debit in advance or annually in
advance VAT invoices will be issued on request via email. Usage
based fees will be invoiced following the end of the month in which
the service is provided, and payment taken by Direct Debit within
14 days from invoice date.
c. The Company reserves the right to suspend service if
payment is not received in full within the above. In the event of
suspension of service all fee's for the remaining service term
become payable with immediate effect, the company reserves the
right to charge re-connection fees for resumption of service. The
User Organisation will be liable and shall reimburse and indemnify
the Company for any costs associated or incurred by the Company
incurred as a result of any such actions, including but not limited
to legal and professional fees.
d. The customer shall not be entitled to delay or withhold
payment or claim or set off against any payment due hereunder in
respect of any claim or complaint, which the customer may have for
any reason whatsoever. Any payments made by the Customer to the
Company, including payments made for other services that the
Customer may receive from the Company, may be applied by the
Company as it deems fit.
e. The Customer agrees that the Company may make credit
status enquiries. Subject to credit status, the Company may require
a pre-payment or non-interest bearing deposit.
23. User Organisation may cancel any Service subject to the
following Cancellation Notice Period following the completion of
any minimum contract term being completed or as specified in a
specific contract, service level agreement (SLA) or service
Standard Service Cancellation Notice Period(s)
• Analogue Phone Line / Dial (modem/ISDN) / Email &
Shared Hosting Services / ADSL Broadband - 1 month
• Domain Names at any time at least 3 months prior to renewal
• Ethernet Connect / Fixed Lines / IC-Air / SHDSL - 3
• Dedicated & Virtual Server Hosting - 3
• Bundled Service Packages - 3 months
EXAMPLE: If you subscribed to a bundled service on a 24 month
contract the minimum term will be 24 months and to cease at the end
of this initial period you should notify us in writing 3 months
before the end of the term. Notification is deemed to be served
upon acknowledgement of receipt of such notice from IC.
24. Notwithstanding any acknowledgement of a User
Organisation purchase order by the Company, any provision or
condition in any purchase order, voucher, or other memorandum of
the User Organisation which is any way inconsistent with, or adds
to, the provisions of this agreement is null and void. Neither the
course of conduct between parties, nor trade practice shall act to
modify the provisions of this Agreement. If any provision of this
Agreement is determined to be invalid, all other provisions shall
remain in full force and effect. The provisions of paragraph 14 and
19 and all obligations of and restrictions on User Organisation and
its designated users shall survive any termination of this
25. The Company, at its sole discretion, may terminate the
Agreement immediately or suspend User Organisation's access to the
service upon any breach of this membership Agreement by User
Organisation, by sole judgment of the Company that User may be
performing activities harmful to the Company or its User
Organisations, employees, vendors, business relationships or any
other users of the Internet/Network or that are unlawful.
26. Non-enforcement of any section of this Agreement does
not constitute consent and the Company reserves the right to
enforce this Agreement at its sole discretion. Neither party's
liability in respect of death or personal injury caused by or
arising from that party's negligence is affected by anything in
27. If any one or more paragraphs in this Agreement is
found to be unenforceable or invalid, User Organisation's and the
Company agreement on all other paragraphs shall remain valid.
28. Service level guarantees and service credits /
Annex - SLA & Service
29. Equipment and Software supplied by the company remains
the property of the company and the User Organisation agrees to
return the equipment or software in the condition supplied with all
packaging upon request or pay the full cost of that item.
30. Where equipment is sold to the User Organisation the
equipment remains the property of the Company until paid for in
full. When equipment is sold to the User Organisation the equipment
is sold with the manufacturer's warranty only and unless specified
otherwise will be subject to the manufacturers terms and
conditions. In the event of a fault on equipment supplied within
the manufacturer's warranty period unless otherwise specified at
time of order or by the terms and conditions from the manufacturer
the equipment should be returned to Internet Central for return to
the manufacturer for repair or replacement.
31. Where software is supplied the publisher's terms and
conditions apply, no software may be returned for refund once the
packaging has been opened or the software installed. If the
software media is faulty this will be replaced within 7 days of
supply and after this period a charge may be levied.
32. Domain registration services are supplied and the terms
and conditions of the appropriate ICANN approved registrar apply.
Please see the Annex for Domain Name
Services for specific terms.
33. Web site hosting services are provided subject to
acceptance of our Web Hosting acceptable usage policy, which is
located on this section of the web site, uploading and use of these
services assumes acceptance of these terms.
34. Server hosting is subject to these terms and conditions
of connectivity supply and support, servers will be housed in one
of our network centres and provided with power and connected via
UPS in an air-conditioned environment. Unless otherwise agreed
normal support hours will apply and support will apply for the
Ethernet connection to the server and Internet access to that point
only. The customer is responsible for all maintenance and insurance
for any server supplied.
35. Mobile connections and contracts are subject the acceptance
of the terms of the operators networkwww.ee.co.uk/terms IC
will connect the customer to the chosen network upon receipt of
connection authority form and the customer acknowledges this is a
binding contract subject to the operators terms.
36. If for any reason works undertaken or services delivered
fail to meet the specification, any damages claims shall be limited
to the value of such parts of the works or services that failed to
37. IC nor the customer shall be liable to each other for
a) Loss of profits;
b) Loss of business;
c) Loss of revenue;
d) Loss or damage to goodwill;
e) Legal costs;
f) Unutilised labour;
g) Any indirect, third party, special or
consequential loss or damage.
38. Neither party shall have any liability under or be deemed to
be in breach of the agreement for delays or failures in performance
of the agreement, which are the result of circumstances beyond the
reasonable control of the affected party.
39. Where IC has supplied equipment not as part of an inclusive
service, IC shall replace or repair supplied goods found to be
defective within the warranty period. This undertaking to
repair or replace is subject to the customer retrieving the
defective goods free of charge and delivering to IC or its
representatives. Retrieval and reinstatement will be the
responsibility of the customer and the customers cost.
Document revision 6.8 03/12/2014