•  Definitions

“The Company” shall be defined asMilking Management Services and shall include any subsidiary companies contained therein. “The Client” shall be defined as the person or company with whom goods and services are to be supplied to. “Goods and/or Services” shall be known to be any item which the company supplies to any of its clients for which it is agreed that charges may or may not be applicable, without limitation this includes administrative charges, consultancy fees, server hosting, sub-contractual charges, advance service charges and outside registration fees.

•  Invoices & Payment

•  All invoices raised by the company shall become due for payment to be received 7 (seven) days following the date of invoice unless consent is expressly given in writing to the client for an extension of this period.

•  Invoices which are overdue for a period in excess of 14 (fourteen) days from the date of invoice for virtual domains will be subject to de-activation.

•  Invoices for any other service provided by the company which is in excess of 14 (fourteen) days from the date of invoice will be subject to suspension of any further services and shall become subject to legal pursuit.

•  Virtual Domains which have been de-activated shall be subject to a re-activation fee of £25 (twenty-five) per virtual domain for which payment and clearance into the company's bank account will be required prior to re-activation and recommencement of any other services.

•  Any virtual domain, for which either the name registration fee, or any other initial service fees, for which there is an invoice outstanding and in excess of its initial due date by 28 (twenty-eight) days will have all entries relating to that virtual domain including any files stored on the company's servers deleted.

•  Service charges including but not limited to co-location and dedicated server housing will be invoiced in advance of the month of service and are subject to our standard payment terms.

•  Bandwidth Charges raised pursuant to clause 5 will be invoiced in arrears and are subject to our standard payment terms.

   Returned payments will be deemed as breach of contract and immediate suspention of all service(s) will occur.

•  Late Payment Charges

The company reserves the right to raise excess charges for late payment of invoices, including but not limited to reconnection fees on dedicated servers, re-activation fees for suspended domains and/or full registrar fees on domain names, such charges will be payable in full prior to recommencement of any services and a deposit may be required in the case of service charges. Domain names will be re-invoiced at the full registrar rate 14-days from date of invoice, charges will be subject to full registrar rates at time of invoice.

None Payment Charge

The customer enpowers Milkng Management Services to act as the agent for sale of the customers equipment help by Milking Management Services to cover invoices remaining unpaid one month or more after the due date, and additional costsincurred as a result of the sale. If the price obtainedfor the goods does not cover the value of the invoices, and associated costs, Milking Management Services reserve the right to take further action to recover monies owed. If the monies raised are in excess of that owed to Milking Management Services and associated costs, the balance will be returned to the customer with one calendar moth of it's receipt

•  Additional Charges

Returned payments (.ie bounced cheques, stopped payments) will be charged at £25+vat each
Storeage of equipement will be charged at £10 per day
Removal of hardware from our suite is charged at £50 +vat per item **
** Additional delivery charges may also apply.

•  Credit Facilities

By default, the company does not provide monthly credit facilities to customers other than the 7 day payment period of an invoice. The company may, at it's discretion, offer such facilities at a later date and reserves the right to apply to any number of external credit reference agencies for information before approving any facility and may carry out regular subsequent checks

•  Data Transfer Levies

All virtual domains shall be allowed a data transfer quotient to their hosting plan per calendar month, any excess to this quotient will be charged at 2 (two) pence per one megabyte of data transferred. This charge is subject to change at the company's discretion but clients will be notified of an intent to change 7 (seven) days in advance of new charges taking effect.

•  Suspension of Service

The company reserves the right to suspend service without notice if any, or all, but not limited to the following circumstances.

•  Virtual Domains which are known to be causing problems to the network, which would cause problems to either the companies own equipment or other clients of the company.

•  Any script intended to be publicly or by limited rights of access available which may cause harm, defect or malfunction when executed to either the company's computer equipment, to that of any other client of the company or to any outside party legitimately accessing the services provided by the company.

•  Following any unsolicited bulk e-mailing (spamming) or complaints thereof from any third party.

•  False representation of the company's services.

•  Use of our services to facilitate attacks on external equipment.

•  Public discussion or advertising of any known or unknown vulnerabilities in our services.

•  Re-selling of services

•  Data Integrity and liability

•  Under normal contractual service circumstances, the company provides no warranty or accepts any liability for any data either lost or damaged which is stored on any of the company's equipment. It is the responsibility of the client to keep security copies of information.

•  The company may provide a chargeable service to its clients whereby security copies of information will be made to record able compact discs which may be stored by the company or sent to the client to be stored at his/her premises or any other such third party appointed by the client.

•  The company will not install 3 rd party software to any of it's systems which may cause harm to, or be known to cause harm to it's servers or any other servers in it's network, nor shall it do so where software licenses or possible disruption to synchronisation of such shall ensue by requirement of such.

•  Formation of Contract

•  The company shall deem that a contract has been formed from any acceptance of the companies service(s) have been installed and then used by ther customer.

•  It shall not be necessary for the company to provide authorising signatures on documentation which is to be completed by the client but it shall be accepted that the raising of an invoice from the company to the client will be decisive formation of a contract for any period of term as set out in any documentation for which goods and/or services are being applied for.

•  Termination Of Contract

Any contract formed between the company and the client shall be mutually binding to the terms and conditions set out within this document. Any subsequent misuse of equipment, or non compliance with any of the regulations and terms as set out, shall result in termination of contract or suspension of service, with special inclusion to those details as set out in section 10.

If you choose to terminate your contract the company will refund any full months, which are paid for following your initial three months. The company will not under any circumstance refund any monies paid for the first three months of your service and invoices raised within this period will still be required to be paid.

All packages require 30 days notice of cancellation in writing.

When your contract is terminated, any files stored for that account (including any web pages) will be deleted and any login accounts and passwords will be terminated immediately. Any equipment which is either hired from the company or owned by the client and connected to the company's electrical supply will be powered down with immediate effect.

The Company reserves the right to cancel your contract at any time without prior written notice of such upon finding that any of the terms and conditions set out herein this document or any subsequent revisions thereof have been broken.

•  Content

The company will not allow the client at any time to store content in their allocated space or on any other accessible or inaccessible part of the company's servers which is of, but not exclusive to the following:

•  Adult Material of any nature, including that which is permissible under United Kingdom laws and statues.

•  Software which is not at the clients' liberty to re-distribute, or provide for download without proof of license of such.

•  MP3, MPG, AVI, MOV, JPG, GIF, BMP, WAV, AIFF, TIFF, WMA, WMV or other multi-media format files, which the client cannot prove licence to distribute.

•  “IRC Bots”, “talkers”, or other such server executable programs which would deliberately cause a degradation of service to all concerned parties.

•  Client Account Management

The client must take responsibility for and take all reasonable precaution to ensure that any passwords and other access codes required to gain control of the clients' data storage area or electronic mailboxes are kept securely by the client.

The client may not store more information than their agreed amount as set out at time of order without agreeing to upgrade charges. The allotted quota will be monitored on a weekly basis and any deliberate consistent amount over your allotted quota will result in suspension of service until resolution. The company will allow a temporary margin of not more than 10 (ten) percent of your allotted quota, the term of this temporary period should not be more than 2 (two) working days. In the case of reseller space, this will be monitored as a sum of all the files and directories stored beneath the reseller management area.

•  Privacy Policy

The Company operates a closed policy on publicity and distribution of information and will not at any time divulge your name, address, telephone number, account details or electronic mail address to any non-legal third party and will only divulge your information to any legal establishment where it is deemed to be in the best interests and operation of the company.

•  Loss Of Service

The company accepts no liability for any loss of service, unavailability of files, damage to data, misuse of equipment by other clients, failure of any externally managed equipment or communications devices or other services deemed to be beyond the company's control.

•  Reselling Of Services

Those forming an agreement as a reseller are additionally bound to the following. Any violation of these additional terms will result in immediate termination of your account.

•  At any time, the re-selling of any services is permitted to only one client who shall be the end of the chain, no sub-selling is permitted.

•  Your clients may not contact us directly, either by e-mail, telephone, fax or any other method. The company reserves the right to refuse to answer any questions from your clients.

•  The company will at all times advertise it's own products and services at it's own price scales to any person contacting the company.

•  In the eventuality of non-payment of invoices for any product or service, the company reserves the right to force total suspension of your services and your client's services until such time as any monies are paid. The suspension shall not be lifted until payment is confirmed. In the case of cheques, this may not occur until the cheque becomes cleared funds in our account.

•  Title Of Goods

Title of goods shall not pass from the company to client until such time as any outstanding monies are paid in full or disputes resolved.

•  Disputes

At all times in any disputes, the company's decision is final and will not be subject to outside adjudication by other parties.

•  Law

These terms and conditions are formed under the laws of the United Kingdom and any legal claim shall be made in a court or via the legal system of the United Kingdom.

•  Acceptance

Logging into your account, uploading files to your allocated user space, use of electronic mail facilities, acceptance of any invoice for products or services provided by the company, constitutes your acceptance of the terms and conditions set out herein this document and any other such subsequent revisions thereof.

•  Changes To Terms

The Company at all times reserves the right to change the terms and conditions set out herein this document without prior written notice to any of its clients and any subsequent changes will become applicable immediately. No claims will be entered into which may not have been applicable in previous revisions of this document which are subsequently made provision for. Any claims by any client will only be acceptable on grounds outside the current revision of this document. The Company will at all times where reasonably possible make available for viewing its terms and conditions through its corporate website.

Milking Management Services Terms & Conditions

Revision 1.0 E & OE. July 2004