ttc

GENERAL

TTC Hosting is the website and online applications hosting service provided by Tantric Technologies Co-operative Limited.

Services provided by Tantric Technologies Co-operative Limited will be only on the basis of the following terms and conditions which contain provisions limiting and/or excluding liability and warranties.

“The Company” means Tantric Technologies Co-operative Limited. Registered in England, Company No. 2336894, VAT No. 522296162.

“The Customer” means the person, firm or company ordering or buying goods or services from the Company.

“Commencement Date of the Agreement” This agreement shall be effective upon commencement of the provision of the Services as described below.

This Agreement is made between The Company and the Customer. This Agreement sets out the terms upon which the Company offers services. This Agreement is made between The Company and the Customer. This Agreement sets out the terms upon which the Company offers services.

SUPPLY OF THE SERVICES

The Company agrees to supply the Services to the Customer on the following conditions, though please note that these conditions are not an offer to provide service but merely a statement of the terms on which we would provide them.

A. The Company shall supply the Services to the Customer as soon as reasonably practicable and in any event no later than 30 days from the Commencement Date of the Agreement.

B. The Company shall send an email to the Customer no later than one working day after receipt, confirming the order and if the services are not immediately available, informing them of the expected delivery times.

C. The Company shall provide a full refund of the Charges to the Customer if it is unable to supply the Services within 30 days from and including the Commencement Date of the Agreement.

The Company aims to respond to all email and telephone enquiries within two working days.

The Company warrants to the Customer that the Services will be provided using reasonable care and skill but at all times this will be subject to downtime caused by routine or emergency maintenance by the Customer or occasioned by third parties. The Company will not be liable to the Customer or any third party for any losses whatsoever caused by such downtime.

FEES

All fees are payable upon receipt of order. The provision of the Services to Customer is always subject to payment by Customer of the appropriate fees for the Services.

The Company advises the Customer to retain a copy of the transaction receipt that will be sent by email upon receipt of payment.

Your contract with the Company is for an initial 12 month period. If it is not terminated, then it automatically renews for further 12 month period on each anniversary of the Commencement Date of the Agreement.

All prices exclude VAT.

REFUSAL

The Company reserves the right not to provide services. If, after assessment of your application, the Company declines to offer the Customer a service then the Company shall refund any fees paid, in full.

REGISTRATION OF DOMAIN NAME(S)

The Company does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.

Upon successful Registration the Company will host the Customer’s domain name(s) for the Initial Registration Period and for such time as it remains validly registered to the Customer subject to such rules of the respective Naming Organisation as may be in force from time to time.

The Company reserves the right to refuse any application for Registration to host a domain name(s) if the Company considers that the application for Registration is to be used or is being used for unlawful purposes.

The Company agrees that for the Duration Period of this Agreement and in consideration of the payment of the Charges by the Customer it will renew the registration of domain name(s), Hosting fees, Additional services for the Renewal Period.

The Customer acknowledges that any disputes arising out of the use of its domain name(s) requested by the Customer will be resolved for .uk domains in accordance with the Nominet UK Dispute Resolution Service and for .com, .net and .org, .info and .biz domains in accordance with the UDRP which can be accessed at ICANN. Restrictions maybe imposed on the termination or transfer of a domain name(s) with its current host during or pending the settlement of such a dispute. The Company agrees to act as mediator for the Customer.

The Customer shall be permitted to transfer his domain name(s) to another host other than the Company upon termination of this Agreement.

The Customer acknowledges and agrees that the Company or its agents, assignees or licensees may, upon registration of your domain name, associate any data of any kind, at the Company’s sole discretion, with the Domain Name registered in association with the Customer's Web Site or any URL incorporating said Domain Name until the Customer replaces such data with the Web Site. This paragraph shall apply to any and all web pages generated by the Company, whether in connection with HTML standard response codes or otherwise, including but not limited to 404 error pages.

REMOTE ACCESS

If, as part of the Services, the Customer needs the Company to breach security features within the Customer’s system, or if that is necessary in order to provide the Services, or if the provision of the Services requires remote access services which directly alter the Customer’s service, the Company will execute the requested service and/or breach the said security files in accordance with this Section. Where the Customer authorises the Company to access Customer’s system via a remote connection to work directly on line with the Customer to assist in resolving technical problems, the Customer shall not submit via the on-line link or otherwise give the Company access to any documents, files, or other information (collectively “Customer Files”) that are, or are alleged to be, confidential or proprietary to, or defamatory of, any third party, unless the Customer first obtains all necessary licenses, consents, and permissions to do so. The Customer shall indemnify and hold the Company harmless from any and all liability, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of Customer’s submission of a Customer File via the on-line links, and/or the Company’s reasonable use of any Customer File to which the Company is given access under this Agreement. The Customer grants to the Company the unrestricted right to use, or to withhold publication of, any Customer File submitted by the Customer via the on-line link, which right shall not diminish or otherwise affect the Customer’s indemnity obligation herein. THE CUSTOMER UNDERSTANDS THAT THE CUSTOMER'S FILES MAY BE ALTERED OR DAMAGED IN THE COURSE OF THE COMPANY PROVIDING SERVICES, WHETHER BY TELEPHONE, E-MAIL, FAX OR VIA REMOTE CONNECTION, AND THE CUSTOMER AGREES TO TAKE APPROPRIATE MEASURES TO ISOLATE AND BACK UP ITS SYSTEMS ACCORDINGLY.

NETWORK / SYSTEM ALTERATIONS

The Customer understands that it shall not make, alter, or attempt to make any patches, repairs, or alterations, or to perform maintenance or cause repairs to be made, on the products supported by the Company, except as may be approved in advance and in writing by the Company. The Customer agrees that any Services rendered by the Company may result in alterations or creation of patches to the product supported. If, in the opinion of the Company, any unauthorised alterations, additions, adjustments to, or repair of the products substantially and adversely affects the Company’s ability to render Services, the Company reserves the right to refuse further Services immediately but still be entitled for payment for all incomplete Services rendered until that point of time.

HIGH RISK ACTIVITIES

The Customer confirms to the Company that the Company's products are not used by the Customer as on-line control equipment in hazardous environments requiring fail-safe performance, such as, but not limited to, nuclear facilities, aircraft navigation, aircraft communications systems, air traffic control, direct life support machines, or weapons systems, in which failure of the products could lead directly to death, personal injury, or severe physical or environmental damage. Further, the Customer acknowledges that the Services to be provided are not intended for configuring, supporting, or otherwise servicing on-line control equipment in hazardous environments requiring fail-safe performance.

LIMITATION OF LIABILITY

A. Direct Damage. SAVE FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OR WILFUL DEFAULT OF THE COMPANY, AS TO WHICH THERE SHALL BE NO LIMITATION OF LIABILITY, THE COMPANY’S LIABILITY FOR DIRECT DAMAGES INCURRED BY THE CUSTOMER ARISING OUT OF THE PROVISION OF THE SERVICES OR OTHER DELIVERABLES BY THE COMPANY UNDER THIS AGREEMENT SHALL BE LIMITED TO TWO TIMES THE FEES PAID BY CUSTOMER HEREUNDER OR £2,500, WHICHEVER IS THE GREATER.

B. Special Damages. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, LOSS OF DATA) ARISING OUT OF THE PROVISION OF THE TECHNICAL SERVICES OR OTHER DELIVERABLES BY THE COMPANY UNDER THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITED WARRANTY

THE COMPANY MAKES NO WARRANTIES EXCEPT AS STATED IN THIS SECTION. THE COMPANY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO THE SERVICES AND ANY DELIVERABLES PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

COPYRIGHT

All rights to any material, code or data prepared by the company at the request of the Customer are reserved. No part of any material, code or data, may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopy, recording or otherwise, without the prior written permission of the company.

FORCE MAJEURE

The Company reserves the right to cancel, vary or suspend the operation of the contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant /peak down, strikes, lock-outs, riot, hostilities, revolution, non-availability of materials or supplies or any event outside the control of the Company, and the Company shall not be held liable for any breach of contract resulting from such event.

TERMINATION

The Company may withhold or cancel further or any deliverables under the contract of sale and may recover all losses resulting there from if the Customer:

a. fails to make payment on the due date under any contract with the Company, or

b. enters into a composition with his creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a Court shall order it to be wound up, or commits an available act of bankruptcy, or

c. is in breach of any of the terms and conditions contained herein (not withstanding that on a former occasion or occasions it has waived its rights). The exercise of rights under this condition shall be without prejudice to the Company’s other rights and remedies.

The Company shall have the right to terminate this Agreement without reason upon giving 14 days written notice to the Customer and termination shall occur at the expiry of the notice period. The Customer shall have the right to terminate this Agreement any time giving written notice to the Company. Termination shall occur at the reception time of the notice.

Termination or expiry of this Agreement for whatever reason shall not prejudice or affect any right of action or remedy which shall have occurred or shall accrue thereafter to either of the parties.

If the Customer wishes to terminate this Agreement they should give the Company written notice at least 30 days before the annual renewal date. If the Customer fails to send the Company this notice of termination within 30 days of the date then the Agreement will be automatically renewed, then the Customer shall become liable on the annual renewal date, for the next 12 months fees in full.

CUSTOMER’S CANCELLATION RIGHTS

The Customer has the right to cancel this Agreement at no cost and without any reason within 7 days from the date the Agreement is formed.

To exercise this right of cancellation The Customer must notify the Company in writing either by letter, fax or email.

COMPLAINTS

The Customer should address any complaints concerning the provision of the Services to the Company at the Company's address shown below.

MISCELLANEOUS

A. Governing Law/Venue. This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.

B. Agreement. This Agreement shall supersede any prior agreement or communications between the parties with respect thereto, whether written or oral.

C. Severability. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

D. Binding Effect/Assignment. This Agreement is binding upon the parties’ respective representatives, successors, and assigns, but the Customer agrees not to assign this Agreement without the prior written consent of the Company. No changes or amendments shall be made to this Agreement; in particular, the terms of a purchase order will not modify the Agreement.

E. Continuity. Where the Company provides Services under this Agreement and Customer requests further Services in the future, it is agreed that the terms and conditions of this Agreement shall apply to all further provision of Services, unless the parties expressly otherwise agree in writing.

CONTACT

The Customer may contact the Company by email to support@tantric.coop, or via the contact form on the company web site, or by phone on 02380 672886, or in writing to Tantric Technologies Co-operative Ltd, 21 Oliver Road, Southampton, Hampshire, UK, SO18 2JQ.

The Customer must provide contact information to the Company, including a company name (if applicable), a postal and email address, a phone number and a contact name. The Customer is required to inform the Company in writing of any change to the Customer's contact information. Failure to do so will constitute a breach of this agreement.

MODIFICATION

Tantric Technologies Co-operative Limited reserves the right to add, delete or modify any provision of this policy at any time without notice.