Please be advised that once you use the Service in any way, unless agreed in writing otherwise, you will not have the right under Regulation 10 of the Consumer Protection Regulations 2000 to cancel this Agreement within 7 days of entering into it as if the Agreement has not been made. This Agreement has a minimum period of 12 months. During this initial period, you may not cancel this Agreement without paying all fees due for the period, regardless of whether invoices for these charges have been raised or not. This Agreement will automatically renew at the end of each Initial Term for a further 12 months unless either party gives the other written notice of termination at least 90 days prior to the end of the relevant term.
Any account cancellation after the initial term must be notified to 5wire Networks Limited by submitting a cancellation request via your billing system. You acknowledge that cancellation of your account shall only be valid if notified to 5wire Networks Limited in accordance with the above provisions. Any and all cancellations of accounts shall be effective after a period of 30 days from the first working day on which 5wire Networks Limited receives the Notification. 5wire Networks Limited will notify you by electronic mail of this date once your request has been processed.
Effect of Account Cancellation determines that you are responsible for all Charges relating to your account up until the Effective Date of Cancellation and the Initial Term. Any data, configuration and DNS entries will be deleted, and we regret to inform you that this data they will be unable to retrieve. 5wire Networks Limited will reimburse you for any day’s service which has been paid for but are no longer required. This is calculated as the time period between the Effective Date of Cancellation and your next billing date, provided that the account is not in arrears.
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You become or are deemed insolvent, have a receiver, manager, administrator or administrative receiver appointed in respect of the whole or any part of your assets or business, make any composition or arrangement with its creditors, or take or suffer any similar action in consequence of debt, or an order or resolution is made for your dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction).
5wire may otherwise terminate this Agreement without notice if it deems, in its sole discretion, such termination necessary, provided that Networks Limited will not reimburse you upon such termination of account. Where data has been deleted or barred, they will not store or reserve either your data or your DNS names.
Networks Limited makes certain commitments as to the level of service that will be provided to you in connection with your account. In the event that, for any reason, Networks Limited is not able to meet is in breach of these terms and conditions, or the service level guarantee, your liability will be limited to the total amount of fees prepaid by you within twelve months from the date of the breach, excluding any setup fees paid.
They will not be responsible for any damages your business may suffer, including data loss, due to any shortcomings or failures of the Service, or errors caused by Networks Limited or it’s employees. Subject to clause 10.I below, Networks Limited’s maximum aggregate liability under this agreement whether arising from negligence, breach of contract or otherwise shall be limited in respect of one incident or series of two or more related incidents to an amount equal to the cover provided to Networks Limited under its policies of insurance.
The cover provided by our policies of insurance shall not be less than £1 million for public liability claims and £1 million for employer’s liability claims. Networks Limited is not liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other services (including domain name registration authorities) or for faults or failures in their equipment. Networks Limited reserves the rights to revise its policies at any time.
Networks Limited hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated savings incurred by you, whether arising in tort, contract, equity or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use the Sites, the Service or any software or content supplied to you in connection with the Service.