By purchasing or renewing services from NWIMS Communications Ltd. you agree to these terms of business. The following terms of business apply to all services provided by NWIMS Communications Ltd.

 

Terms and Conditions

  1. DEFINITIONS

"Agreement" means the agreement between you and NWIMS Communications Ltd, comprising these Terms together with any orders you may make.

"Fees" means the fee or fees (and Local Administration Costs) due for the provision of the services as set out in any order or (if not set out) calculated by reference to the then standard NWIMS Communications Ltd prices.

"ICANN" means the Internet Corporation for Assigned Names and Numbers.

"Local Administration Costs" means any registration fees and other costs incurred by NWIMS Communications Ltd on your behalf for the registration or attempted registration of domain names including currency conversion costs and bank charges.

"Order" means the order form or letter signed by you requesting Services.

"Server" means the computer server equipment operated by NWIMS Communications Ltd in connection with the provision of the Services.

"Service" or "Services" means any and all services provided by NWIMS Communications Ltd under these terms including, without limitation, domain name registration services; domain name portfolio management services; domain name searching, monitoring and recovery services, web site hosting, web, email and usenet searching and monitoring services and consultancy services and any other services which may be provided from time to time.

"Standard Price List" means the list(s) of the standard prices for NWIMS Communications Ltd company products which are available on our website.

"Terms" means these terms and conditions of business.

"NWIMS Communications Ltd" means NWIMS Communications Ltd. of Whinfell Business Park, Longpool, Kendal, Cumbria, LA96ER. United Kingdom and/or any other group member of NWIMS Communications Ltd. which shall supply Services to You.

"Web Site" means the area on the Server allocated by NWIMS Communications Ltd to you for use by you as a site on the Internet; and

"You" means the person, firm or company who purchases Services from NWIMS Communications Ltd and any of their or its employees, consultants and authorised agents.

  1. APPLICATION OF TERMS

2.1 These Terms apply to any or all Services to be provided by NWIMS Communications Ltd to you from time to time. These terms are made up of a number of constituent parts, including the Service-Specific Terms governing NWIMS Communications Ltd's provision of the relevant Service to You, as well as the General Terms that govern the provision of all such Services.

2.2 These Terms together with any Order(s) represent the entire agreement relating to the Services and supersede any arrangements previously agreed between you and NWIMS Communications Ltd. Save in the case of fraudulent misrepresentation or fraudulent concealment, any representation, warranty or undertaking, whether oral or written, (including in any previous correspondence or communication) and any other terms and conditions sought to be imposed by You by your own order forms or otherwise are expressly excluded.

2.3 No change to these Terms, or a subsequent version of these Terms as may be posted on the NWIMS Communications Ltd website from time to time, or any other part of the Agreement, shall be binding unless made with the prior written consent of a director of NWIMS Communications Ltd. Unless NWIMS Communications Ltd notifies you to the contrary, no agent of, or person employed by or under contract with NWIMS Communications Ltd, has any authority to alter or vary these Terms or the Agreement in any way.

2.4 The clause headings used in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of the terms of this Agreement.

SERVICE-SPECIFIC TERMS AND CONDITIONS

  1. DOMAIN NAME REGISTRATION

General

3.1 Your use of a domain name, once registered, may be challenged by a third party; if so, ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP") as amended from time to time shall apply. to all .com, .net and .org registrations or renewals. The terms of the UDRP are available at http://www.icann.org/udrp/udrp.htm

3.2 We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, You should take no action in respect of your requested domain name(s) until you have been notified in writing that your requested domain name has been registered.

3.3 In addition to these Terms, all domain name registrations are subject to the terms and conditions of any registrar NWIMS Communications Ltd may use to fulfil the Order and the rules and regulations of the relevant Network Information Center (NIC) or similar registry administrator. As a condition of the Agreement You agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. You are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against NWIMS Communications Ltd in respect of any decision of a naming authority or its agents to refuse to register a domain name, to suspend a domain name or to cancel a domain name and, without limitation agree that the administration charge paid by you to NWIMS Communications Ltd shall be non-refundable in any event.

3.3.1 CENTRALNIC DOMAIN NAMES (.uk.com/.gb.com etc.)
Special terms and conditions apply additionally to registrations of CentralNic domain names. Please refer to the separate notice on the NWIMS Communications Ltd website.

3.3.2 UK DOMAIN NAMES NOMINET UK
Special terms and conditions apply additionally to registrations of .uk domain names. Please refer to the separate notice on the NWIMS Communications Ltd website.

3.4 We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority. You warrant and undertake that to the best of your knowledge and belief neither the registration of the domain name nor the manner in which it is directly or indirectly used by You or and any licensee directly or indirectly infringes the legal rights of a third party.

3.5 You are solely responsible for providing NWIMS Communications Ltd with accurate and up-to-date contact information and we shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. Any changes made by you to your details using the control panel facility are your own responsibility. Unless You have subscribed to one of our domain name portfolio management products in respect of a particular name or names we are not responsible for the renewals of any domain name registrations and You should make your own arrangements for reminding yourself when any name is due for renewal.

3.6 Domain name transfers to another registrar will be free of charge where NWIMS Communications Ltd is not charged a transfer fee by the registry. We reserve the right to charge an administrative fee in respect of any transfers to another web hosting or domain name registration company where:

  • we are charged a fee for the transfer.
  • at least one renewal or registration fee for the domain name has not been paid by the customer.
  • a transfer has failed and the transfer has been resubmitted (a fee will be charged for each transfer attempt).
  • we terminate service under section 14.1, 14.2 or 14.3 of these terms for any account or service you hold with us.

Information you are required to submit

3.7 As part of the registration process, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. This information will be used by NWIMS Communications Ltd in accordance with its Privacy Policy. The information you are obliged to provide in connection with the domain name you are registering is the following:

  • Your name and postal address (or if different, that of the domain name holder).
  • The domain name being registered.
  • The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name.
  • The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name.

3.8 You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.

3.9 All other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from obtaining all products and services made available to domain name registrants by NWIMS Communications Ltd, other than registration of the domain name.

3.10 If You intend to license use of a domain name to third party You are still responsible for providing the contact information specified above and for providing and updating accurate technical and administrative contact information. You accept liability for any wrongful use of the domain name unless you promptly discuss the identity of the license to any party providing reasonable evidence of actionable harm.

Additional information maintained about your registration

3.11 In addition to the information you provide, as registrar we maintain records relating to your domain name registration. These records may include:
The original creation date of the registration;

  • The submission date and time of the registration application to NWIMS Communications Ltd and by NWIMS Communications Ltd to the proper registry
  • Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and NWIMS Communications Ltd
  • Records of account for your domain name registration, including dates and amounts of all payments and refunds
  • The IP addresses of the primary nameserver and any secondary nameservers for the domain name
  • The corresponding names of those nameservers
  • The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name.
  • The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name.
  • The expiration date of the registration;
  • Information regarding all other activity between you and NWIMS Communications Ltd regarding your domain name registration and related services.

Obligations relating to provided data

3.12 In the event that, in registering the domain name, You are providing information about a third party, You hereby represent that You have
provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and
that You have obtained that third party's express consent to the disclosure and use of that party's information as set forth in these terms and conditions.

3.13 You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of these terms and conditions and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by NWIMS Communications Ltd concerning the accuracy of contact details associated with your registration shall constitute a material breach of these terms and conditions and will be sufficient basis for cancellation of your domain name registration.

3.14 NWIMS Communications Ltd will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

3.15 NWIMS Communications Ltd will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorised access or disclosure or use, or alteration or destruction, or that information. NWIMS Communications Ltd will have no liability to you or any third party to the extent such reasonable precautions are taken.

Disclosure and use of registration information

3.16 You agree and acknowledge that NWIMS Communications Ltd will make available domain name registration information You provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that NWIMS Communications Ltd may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information You provide, for purposes of inspection or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.

3.17 Additionally, You acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that NWIMS Communications Ltd may or must make available to the public or to private entities, and the manner in which such information is made available.

3.18 You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by You in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by NWIMS Communications Ltd.

3.19 Certain NWIMS Communications Ltd users have access to NWIMS Communications Ltd's control panel. If you are one of those users, you may use the control panel utility to modify the zone file, DNS, IP, MX Records and SOA WHOIS, and contact information for any .com, .net, or .org domain name registered through or administered by NWIMS Communications Ltd or registered by a NWIMS Communications Ltd reseller. Users without such access should contact the NWIMS Communications Ltd's customer services department to effect any alterations.

Ownership of data

3.20 You agree and acknowledge that NWIMS Communications Ltd owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar:

  • the original creation date of the registration.
  • the expiration date of the registration.
  • the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration.
  • any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and
    any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers.

Domain Registrar Transfers

3.21 You agree that you can change registrar for an existing domain name only in accordance with the policy of the relevant registry. You agree you may not change registrar for a period of sixty (60) days after initial registration of the domain name with NWIMS Communications Ltd or within 60 days before or after a renewal date. Only the "Authoritative Holder" (the entity listed as the registrant in the current domain name registration) of the domain name registration may initiate a request to transfer that domain name registration from another registrar to NWIMS Communications Ltd. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate such a transfer, or that you have been given full and complete authority by the Authoritative Holder of the domain name registration to initiate such a transfer. NWIMS Communications Ltd, at its sole discretion, may require you to provide documentation that proves that the Authoritative Holder of the domain name initiated this transfer request. The request to transfer a domain name registration from another registrar to NWIMS Communications Ltd may be denied:

  • during the first sixty (60) days after initial registration of the domain name with the original registrar;
  • in accordance with circumstances described in the Domain Name Dispute Policy;
  • if there is a pending bankruptcy of the domain name holder;
  • where there is a dispute over the identity of the domain name holder;
  • by operation of law
  • at the discretion of the then-current registrar.

It is the responsibility of the Authoritative Holder to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the registrar transfer services. Fees are not refundable, but can be applied to subsequent transfer requests at NWIMS Communications Ltd's sole discretion.

Upon successful completion of the registrar transfer request, NWIMS Communications Ltd shall immediately become the registrar of record. For non .uk names you will be required to extend your existing registration term for one (1) year from the date your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years. If the transfer renewal would take the registration period over ten years then the additional year will not be applied.

  1. WEB SITE HOSTING/EMAIL/ONLINE STORE SYSTEMS

4.1 We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server.

4.2 You warrant to NWIMS Communications Ltd that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to NWIMS Communications Ltd that:

  • You will not, nor will You authorise or permit any other party to, use the Server in violation of any law or regulation.
  • You will not knowingly or recklessly post, link to or transmit.
    • any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way
    • any material containing a virus or other hostile computer program
    • any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction
  • You will conform to the standards and acceptable use policies of NWIMS Communications Ltd from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.

4.3 NWIMS Communications Ltd may suspend the Service immediately in its sole discretion if we receive any complaint that material on the Server may be unlawful, harmful or defamatory or if we believe our standards or acceptable use policy has been breached

4.4 We may disclose your name and address to a complaining individual or naming authority if in our reasonable discretion, it is necessary or appropriate to do so.

4.5 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. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email.

4.7 You warrant, undertake and agree that:

  • all transactions within any online store system operated by you will be contracts for the sale of goods between You as the merchant and your end-user customer and You agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate.
  • the information contained within any online store system complies with all applicable law, including, without limitation, any distance selling regulations and data protection regulations from time to time in force.
  • You will keep secure any identification, password and other confidential information relating to your account and You will notify NWIMS Communications Ltd immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information.

4.8 Whilst we shall use reasonable endeavors to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.

  1. DEDICATED SERVERS AND CO-LOCATION

5.1 NWIMS Communications Ltd will provide a clean and reliable power supply, a temperature controlled environment and internet connectivity to dedicated servers and co-located equipment.

5.2 NWIMS Communications Ltd will provide support services for the customer in line with the description of the product purchased. Customers ordering Dedicated server products are expected to have sufficient technical ability to operate the equipment, customers that do not have sufficient technical expertise should purchase a suitable server management product.

5.3 You warrant to NWIMS Communications Ltd that you will only use your equipment for lawful purposes. In particular, you further warrant and undertake to NWIMS Communications Ltd that:

  • You will not, nor will You authorise or permit any other party to, use the equipment in violation of any law or regulation
  • You will not knowingly or recklessly post, link to or transmit:
    • any material that is unlawful, threatening, abusive, harmful, malicious, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way
    • any material containing a virus or other hostile computer program
    • any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction
  • You will conform to the standards and acceptable use policies of NWIMS Communications Ltd from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of our network to our detriment or that of our other customers.

5.4 IP addresses will only be allocated in line with the rules of RIPE (www.ripe.net). We reserve the right to reclaim any allocated IP addresses should your use of the Allocated IP addresses breach the RIPE rules.

5.5 NWIMS Communications Ltd may remove any equipment from our network without notice if we have reason to believe the equipment has been compromised or is being use for illegal activities.

5.6 Customers with a monthly data transfer limit will be charged monthly in arrears for any excess data transfer used.

5.7 Customers with unmetered data transfer products may have their equipment’s network port speed reduced if in the opinion of NWIMS Communications Ltd they are causing a network load that will reduce service level for other customers. Unmetered customers requiring high transfer rates for applications such as, but not limited to, file sharing or audio and video streaming should purchase products specifically designed for that purpose.

5.8 NWIMS Communications Ltd will provide 15 minutes of free advanced support per month.

5.9 All software is provided. As-Is.. Customers should contact software authors for bug fixes and security updates. Apart from support detailed in section 5.8 NWIMS Communications Ltd does not include support for any software or operating systems with dedicated server or co-location products. Advanced support or server management may be purchased separately.

  1. RESELLER TERMS AND CONDITIONS

6.1 If You are or become a reseller of our Services You must ensure that You continue to comply with these terms and conditions by making your customers bound to no less comprehensive and protective terms and conditions than these.

6.2 You agree that in your capacity as reseller of our services you will not incur any liability on our part or in any way pledge or purport to pledge our credit or purport to make any contract binding on NWIMS Communications Ltd.

6.3 We do not accept the liability or default of your own customers as affecting or limiting your obligations under this Agreement and we suggest that you require your customers to sign a form of this Agreement.

6.4 As a reseller you shall hold NWIMS Communications Ltd and shall procure that your customers to hold NWIMS Communications Ltd harmless in respect of any act or omission by you or your customers and to indemnify NWIMS Communications Ltd in respect of any claims that may be made directly against NWIMS Communications Ltd.

GENERAL TERMS AND CONDITIONS

  1. Orders

7.1 Each Order for Services by You shall be deemed to be an offer by you to buy the Services from NWIMS Communications Ltd subject to these Terms. No Order shall be deemed to be accepted by NWIMS Communications Ltd until NWIMS Communications Ltd issues a written acknowledgement or (if earlier) the Services are provided.

7.2 Payment of a renewal order will be deemed to be an acceptance of these terms and the renewed services will be provided under these terms.

7.3 NWIMS Communications Ltd is under no obligation to provide any Service that is not set out in the Order and the relevant product unless NWIMS Communications Ltd and Client enter into a new Agreement for the provision of additional services accepted by a duly authorised representative of NWIMS Communications Ltd.

7.4 You shall provide to NWIMS Communications Ltd, at your cost, any information, resources or facilities reasonably requested by NWIMS Communications Ltd for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers co-operate fully and promptly with NWIMS Communications Ltd.

7.5 Any instructions supplied by you to NWIMS Communications Ltd in relation to the Services must be complete, accurate and clearly legible. NWIMS Communications Ltd reserves the right to make a charge for any costs and any additional work incurred by NWIMS Communications Ltd from any failure by you to comply with this provision and shall not be liable for any errors caused by such failure.

7.6 No purported cancellation of any Order or part of an Order will be effective unless and until NWIMS Communications Ltd gives written acknowledgement of cancellation. NWIMS Communications Ltd may, as a condition of such acknowledgement, or otherwise on early termination in accordance with clause 14, impose such reasonable charge for cancellation as it shall consider appropriate including a charge for any costs (including Local Administration Costs) and for any work incurred by NWIMS Communications Ltd at the date cancellation is acknowledged.

7.7 You acknowledge and agree that our services commence upon the sending of our notice of confirmation, pursuant to clause 7.1 above, and that there is no right to cancel the contract between us under the Council Directive 97/7/EC on the protection of consumers in respect of distance contracts or associated local laws.

7.8 NWIMS Communications Ltd may in its sole discretion, alter, improve or otherwise modify the Service provided that any such change will not significantly alter the provision of the Service to the Client or result in the removal of any features or services that form part of the Hosting Package. No alterations to the Service shall affect the Fees payable by the Client.

7.9 NWIMS Communications Ltd may remove features from any Service where the feature relies on software or hardware no longer produced or supported by the author or manufacturer. No alterations to the Service shall affect the Fees payable by the Client.

7.10 Placing an upgrade order will be deemed to be an acceptance of these terms and the whole of the upgraded services will be provided under these terms.

  1. Payment

8.1 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to You.

8.2 Subject to an increase in third party costs such as software licensing or power the Fee for the Services shall be in accordance with the relevant scale of charges and rates published on our website. NWIMS Communications Ltd reserves the right to alter the Fees payable for Services at any time and any new Order or renewal for Services after such time shall be deemed to have been made in acceptance of such new Fees. Subject to clause 8.3 such alterations will not affect any previously accepted Order or quotation given under 8.5 below with the exception of any price increase under section 8.10.

8.3 You acknowledge that Local Administration Costs may differ from the amount or amounts (if any) previously indicated by NWIMS Communications Ltd as a result of changes in pricing by the relevant domain authority and/or changes in the exchange rate and associated bank charges and You agree to pay the actual Local Administration Costs incurred by NWIMS Communications Ltd on your behalf if higher than those set out in the Order.

8.4 You acknowledge that the Fee may represent only the initial costs of a domain name registration and that continued use of the name will require you to pay recurring charges and renewal fees.

8.5 Unless otherwise expressly specified in the Order, and subject to clause 3.2, all quotations given by NWIMS Communications Ltd for NWIMS Communications Ltd's Fees are valid for a period of 30 days only from the date upon which they are given, after which time the quotation shall automatically expire.

8.6 The price of the Services is exclusive of VAT or its equivalent and all other tax or duty which, if applicable, shall be payable by you in addition at the appropriate rate.

8.7 NWIMS Communications Ltd reserves the right to demand payment on account in advance of providing any Services and unless otherwise specified in the Order may invoice in respect of work completed or to be carried out, before, during and after completion of such work as it sees fit. In the event you instruct us to renew a domain name registration you will be asked to make advance payment.

8.8 Invoices are payable within 30 days of the date of the invoice without deduction or set-off. Unpaid invoices shall attract a charge for compensation and also interest on the outstanding debt. Interest will be charged at a rate of 8% per annum above the Bank of England base rate without prior notice (such interest being payable both before and after any judgment may be obtained). Compensation will be payable according to the following scale,

  • up to £999.99 Charge is £40.00
  • from £1000.00 to £9999.99 Charge is £70.00
  • £10,000.00 or more the charge is £100.00.

NWIMS Communications Ltd reserves the right to suspend the Services until payment is made. Time for payment is of the essence. With regard to Fees that relate to the relevant fee for a domain name registration, you must make payment in full before your application can be accepted.

8.9 Where Services are provided prior to the relevant Fees being paid, NWIMS Communications Ltd may retain the title in and ownership of all domain names registered on your behalf unless and until payment is made, and if such Fees are overdue NWIMS Communications Ltd may deal with such names without restriction as if the full legal and beneficial owner.

8.10 NWIMS Communications Ltd reserves the right to change the price of currently active services where the cost of the supply of that service may vary due to power costs, exchange rates, transit supply costs, datacentre costs or software licensing.

8.11 Unless otherwise agreed NWIMS Communications Ltd will invoice you or take payment under our credit card or debit card arrangement in advance either monthly, quarterly, annually or bi-annually such payment periods to be agreed prior to the commencement of the term. The first invoice will cover any set-up charges and the first service payment due. Subsequent payments will be taken in line with the payments due according to the initial order and any upgrades made.

8.12 NWIMS Communications Ltd may, at its discretion. suspend, shutdown or partially restrict access to services where a renewal order or invoice is not paid by the due date. A reconnection charge of £50 will be payable in advance to restore service.

  1. Intellectual property rights and other consents

9.1 NWIMS Communications Ltd retains ownership of all intellectual property rights in any information, reports, documents, software or other materials created by NWIMS Communications Ltd as part of the Services, including all methodologies, know-how and processes used to do so (together, the "Materials"). NWIMS Communications Ltd grants to you a limited licence to store and view the Materials delivered to you on your internal computer network. Unless done so strictly for your internal business use, the Materials may not be otherwise reproduced, transmitted, broadcast or displayed in public without NWIMS Communications Ltd's prior written consent. NWIMS Communications Ltd is the proprietor of the NWIMS Communications Ltd trademark in the UK and other countries. All other trademarks, product names and company names or logos used in our site are our property of that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and You acknowledge that such use may constitute an infringement of the holder's rights.

9.2 You are solely responsible for obtaining all intellectual property rights clearances and/or other consents and authorisations necessary in respect of the names, marks or other materials which are the object of the Services and You warrant that NWIMS Communications Ltd use of such names, marks or materials and any other information, documents or software which You supply to NWIMS Communications Ltd under this Agreement (together, the "Objects") shall not infringe any third party's intellectual property rights or be otherwise unlawful or illegal.

9.3 On becoming aware of any dispute between You and any other individual or organisation regarding the Objects, NWIMS Communications Ltd reserves the right, at its sole discretion and without notice or liability to You, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.

  1. Liability

10.1 Whilst NWIMS Communications Ltd shall use reasonable skill and care in the delivery of the Services You acknowledge that the delivery of the Services:
is subject to the inherent technical and operational limitations of the Internet, including, but not limited to, the lack of security and unreliability of its communications, the evolving nature of its organisational, legal and regulatory framework, and the potential inaccuracy and variable standards of its relevant data repositories, such as national domain name registries, and is therefore made without guarantee as to accuracy or completeness for which NWIMS Communications Ltd shall have no liability to You or any third party may, in whole or in part, be prohibited, restricted or otherwise subject to relevant third party contractual provisions, such as the terms and conditions of Internet naming authorities, for which NWIMS Communications Ltd shall have no liability to You and You warrant that You shall ensure that You are made aware of, and comply with, such provisions.

10.2 We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server, except to the extent set out in the Service Level Agreement applicable to the Services you have ordered.

10.3 NWIMS Communications Ltd shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to circumstances beyond its reasonable control including, without limitation, any act or omission by you or providers of Internet connectivity and other events of force majeure. Any time deadlines set out in the Order or otherwise agreed are estimates only.

10.4 All conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services, whether implied by law or otherwise, which are not expressly stated in this Agreement including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are excluded to the fullest extent possible by law.

10.5 NWIMS Communications Ltd's total aggregate liability to You for any claim in contract, tort, negligence or otherwise arising out of or in connection with this Agreement and the provision of the Services shall be limited to the price paid by You in respect of the Services which are the subject of any such claim and provided that You notify NWIMS Communications Ltd of any such claim within one year of it arising. In no event shall NWIMS Communications Ltd be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

10.6 Nothing in this Agreement shall limit or exclude NWIMS Communications Ltd's liability for death or personal injury resulting from NWIMS Communications Ltd's negligence or any other liability, the limitation or restriction of which is prohibited by law.

10.7 The Services are provided by NWIMS Communications Ltd for your exclusive use. NWIMS Communications Ltd does not accept any liability or obligation towards any third party or generally towards any person and the Contract (Rights of Third Parties) Act 1999 shall not apply to the relationship between you and NWIMS Communications Ltd.

  1. Indemnity

You agree to indemnify and keep indemnified and hold NWIMS Communications Ltd and our directors, officers, employees and agents and the registry operators for .uk, .com, .net and .org domain names on demand harmless from and against any claim brought against NWIMS Communications Ltd or them by a third party resulting from the provision of Services by NWIMS Communications Ltd to You and/or your use of the Server and/or any domain name registered, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by NWIMS Communications Ltd or them in consequence of your breach or non-observance of these terms of business.

  1. Confidentiality and publicity

12.1 Both You and NWIMS Communications Ltd undertake not to disclose to a third party any confidential information which You or NWIMS Communications Ltd receives relating to the contents or performance of this Agreement or the other's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt other than through any unauthorised disclosure by any person.

12.2 Without prejudice to clause 12.1, NWIMS Communications Ltd shall be entitled to mention your name as a client of NWIMS Communications Ltd and the name(s) of products in respect of which NWIMS Communications Ltd provides Services in publicity and promotional material on and off-line without your prior consent unless You send notice in writing to NWIMS Communications Ltd. (by post to Legal Department, NWIMS Communications Ltd. Whinfell Business Park, Longpool, Kendal, Cumbria, LA96ER. England) referencing this clause and requesting no publicity. Any request will only apply to publicity material to be prepared after such notice is given and NWIMS Communications Ltd will be under no obligation to cease using material printed or published prior to such notice.

  1. Credit Card Security

13.1 We use a secure server that implements Secure Socket Layer (SSL) technology (certified to the standard for encrypted credit card transactions stipulated by Verisign Inc.) to prevent any person from gaining access to your credit card or registration information whilst it is on our site or being transmitted across the internet.

13.2 If you discover that goods or services have been ordered from our site using your credit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) we will refund to you the money receive provided that:

  • you inform your credit card company and us of the unauthorised purchase as soon as you discover it and no later than 12 months from the date of the transaction
  • you co-operate with your credit card company, the supplier, us and, if necessary, the police in relation to the unauthorised use.

13.3 NWIMS Communications Ltd provides the facility for customers to add credit and debit cards to the NWIMS Communications Ltd billing system in order to make card payments more convenient. You agree that NWIMS Communications Ltd may use any card listed within your account to settle amounts due for payment on your account providing:

  • The card is enabled for payment
  • The card is enabled for recurring payments.

You agree that should you not wish for a card to be used to settle your account you will either:

  • Remove the card from your account.
  • Disable the card within the control panel
  • Disable recurring payment within the control panel

13.4 You agree not to add a credit/debit card to your account within the NWIMS Communications Ltd control panel unless you have the permission of the card holder to use the card. In the event of a chargeback by the card issuing bank you agree to reimburse to NWIMS Communications Ltd any costs involved.

13.5 You agree to provide any proof of right to use a credit/debit card that may be requested by NWIMS Communications Ltd.

  1. Termination

14.1 We may terminate this Agreement forthwith if you fail to pay any sums due to NWIMS Communications Ltd as they fall due or if, in our reasonable opinion, you do not have sufficient technical expertise to use the service without excessive ongoing technical support or if, in our reasonable opinion at any time you are abusive to any member of staff.

14.2 We may terminate this Agreement upon written notice if You breach any of these terms and conditions and You fail to correct the breach within thirty (30) days following written notice from NWIMS Communications Ltd specifying the breach, or if You are a company You go into insolvent liquidation, or if You are a person You are declared bankrupt.

14.3 You acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to

  • the UDRP,
  • any ICANN adopted policy,
  • any registrar or registry administrator procedures
  • any other ccTLD registry administrator procedures.

14.4 Unless specifically stated otherwise on the order all products and services are provided on the basis of an initial term of 12 months and will automatically continue for additional 12 month periods thereafter unless and until terminated in writing or via the termination facility available within the NWIMS Communications Ltd control panel on 30 full days' notice prior to the end of the current 12 month term. No termination notice will be classed as received or valid until acknowledged and confirmed in writing by NWIMS Communications Ltd.

14.5 On termination of the Agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

  1. Notices

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email to the customer shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by email to NWIMS Communications Ltd notice shall be deemed to be received on the date a valid ticket number is provided to the customer to acknowledge receipt or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

  1. Law

16.1 For the adjudication of disputes concerning or arising from use of the domain name, the domain name holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the domain name holder's domicile and (2) the courts of England.

16.2 Subject to clause 16.1 above:-

  • the Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its promotion) shall be governed by and construed in accordance with English law.
  • each of the parties to this Agreement irrevocably agrees that the courts of England shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes which may arise out of or in connection with this Agreement and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England.
  1. Entire agreement

17.1 These Terms together with any Order and any document expressly referred to in them, contain the entire agreement between NWIMS Communications Ltd relating to the subject matter covered and, save in the case of fraudulent misrepresentation or fraudulent concealment, supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between NWIMS Communications Ltd in relation to such matters. We may alter these terms at any time without notification to you provided the current terms are always available on our website. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.

17.2 You confirm that, in agreeing to these terms and conditions, You have not relied on any representation save insofar as the same has expressly in these terms and conditions been made a representation and You agree that You shall have no remedy in respect of any misrepresentation (other than a fraudulent misrepresentation) which has not become a term of this Agreement.

  1. Service Levels

18.1 NWIMS Communications Ltd's Service Level Agreements set out the hosting performance you can expect and your right to credits in the event of non-performance.

  1. Miscellaneous

19.1 If any provision of this Agreement or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.

19.2 Your rights and obligations under this Agreement are personal to you and you undertake that you shall not nor purport to: assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

19.3 NWIMS Communications Ltd reserves the right to sub-contract any of the work required to fulfil the Services and to assign this Agreement upon notice to you.

19.4 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

19.5 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

19.6 Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.

 

This document defines the minimum level of service you should expect from NWIMS Communications Ltd.

 

Standard Support Contract Service Level Agreement

Service description

The service provides for the provisioning of a secure environment, Internet connection and resilient power for a customer's co-located server or a dedicated server provided by NWIMS Communications Ltd.

It includes customer requested power recycles, monitoring of the Network and diagnostic action to confirm that the server is responding to basic reflect tests.

This Service Level Agreement (SLA) sets out the levels of technical support and service credits available in the event of Network unavailability and the limits of NWIMS Communications Ltd's and the customer's own responsibilities as regards the service.

1.1 Technical Support hours

Monitoring of Network

24 hours a day, 365 days a year

Technical support working hours

Monday to Friday

7am to 6.00pm

Saturday

9am to 4.00pm

Sunday

Emergency cover only

Public holidays

Emergency cover only

1.1.1 Technical Support response times

Customers will receive a human response within four working hours of contacting support.

1.2 Security

Access to NWIMS Communications Ltd's data centres is restricted to a limited number of authorised staff. Security controls such as photo ID cards, CCTV, UPS back up and environmental control are all used to protect NWIMS Communications Ltd's data centres.

  1. 3 Backups and recovery

NWIMS Communications Ltd can offer all co-located and dedicated servers a range of backup options; monthly, weekly or daily backups using Ahsay to a offsite cold data storage. Prices for these services are detailed in the Standard Price List.

In the event of a customer requiring a recovery from backup this will be the subject of a technical support call for which the standard charges apply as detailed in the Standard Price List, which is available upon request.

1.4 Responsibilities of NWIMS Communications Ltd*

NWIMS Communications Ltd will:

  • Provide either, a dedicated server or a virtual private server configured to NWIMS Communications Ltd's "initial server build", or rack space for co-located server.
  • Provide a 100Mbps or 1000Mbps network connection on NWIMS Communications Ltd's switch.
  • Provide power (UPS) to the customer (Power).
  • Upon request, confirm that the relevant server responds to an echo test (Ping).
  • Maintain 99.9% Network availability, see Calculating Service credits (1. 8).
  • Maintain the customer server in an appropriate environment as defined in this document.
  • Where the customer does not have access to the connected power control equipment, Initiate customer requested power recycles or reboots, up to a maximum of 4 occurrences in a calendar month, within technical support working hours. Any additional power recycle requests would incur an additional charge as specified in the Standard Price List. Please be aware that reboots may cause loss of data and this provision will be activated only upon the failure of an echo test to the customer's server.
  • Provide DNS (Domain Name Server) management for Domains registered with NWIMS Communications Ltd and on our Name Servers, at no additional charge**, during the contract period of this service:
    • Adding/ removing Domain names
    • Modifying zone records
    • Managing DNS configuration
    • Providing secondary DNS (if requested)
  • Enable server hardware management***. All dedicated servers are provided with the standard manufacturer's hardware warranty. This would be implemented in the following way:

for servers purchased by customers: NWIMS Communications Ltd will co-ordinate arrangements between the manufacturer and the customer. Upon request NWIMS Communications Ltd can provide alternative solutions.

for servers rented by customer: NWIMS Communications Ltd will implement the warranty and provide a suitable alternative solution whilst repairs are carried out.

1.5 Responsibilities of the customer

It is the customer's responsibility to operate and manage any dedicated server allocated to them, to ensure the integrity and security of their server and to comply with NWIMS Communications Ltd's Acceptable Use Policy. NWIMS Communications Ltd is not responsible for ensuring the integrity and security of customer's servers.

These responsibilities include but are not limited to:

  • Carrying out any configuration or customisation work after the "initial server build"
  • Installing and maintaining applications ? ensuring applications are appropriately installed, configured and maintained including the interfaces to the Operating system
  • Maintaining Operating System Software at appropriate levels including the application of available software patches and updates
  • Ensuring adequate virus protection by updating appropriate patches
  • Ensuring that no activity effects the efficiency of the scheduled backup process
  • Ensuring the licenses are held for all software on the server
  • Ensuring that all non-essential ports are closed for security purposes and the provision of all necessary measures to protect the server from possible hacking
  • Abiding by the terms of use described in NWIMS Communications Ltd's standard terms and conditions
  • Ensuring the security of NWIMS Communications Ltd's network; we would suggest that customers regularly change their passwords and under no circumstances to disclose their username and passwords to any third parties (except as required to provide support)
  • Being aware of any notices posted on https:// status.nwims.co.uk and to action any consequent recommendations

1.6 Removal from Network

NWIMS Communications Ltd reserves the right to remove any customer server from the network should NWIMS Communications Ltd determine, in its absolute discretion, that a server has been compromised or in any way used inappropriately.

Events, which may trigger such actions, include but are not limited to:

  • Server known to be involved in a DDoS (Distributed Denial of Service Attack).
  • Server found to be probing ports for vulnerabilities on other servers.
  • Server is involved in any form of illegal activity.
  • Server has been compromised. (Cracked/ Hacked).
  • Server is causing network disruption however caused.
  • Customer does not comply with NWIMS Communications Ltd's Acceptable Use Policy.

1.7 Physical Access

NWIMS Communications Ltd's dedicated and co-located server products are designed to be managed remotely and as such we do not expect customers to require physical access to their server. However, for colocated server customers and subject to agreement with the NWIMS Communications Ltd technical support team, usually in the case where 72 working hours notice is given and the appointment occurs during technical support working hours, there is no additional charge for this physical access (limited to one occasion per calendar month for one hour). Visits which extend beyond these hours will incur the appropriate access fee as defined in the Standard Price list.

In any other circumstance the customer should expect to pay the appropriate access fee as defined in the Standard Price list.

1.8 Calculating Service Credits

Service Credits are applicable should the Network become unavailable. The Total Outage Period shall be calculated in the following manner:

  • The Outage Incident Start time of a Service being unavailable shall be defined and measured from the time the fault is detected by us or is reported to our Support Desk and a support call ticket has been originated.
  • The Outage Incident End time of the period of unavailability shall be deemed as the time at which the service can be demonstrated to be available by a PING command or that the support call ticket has been resolved.
  • The Total Outage Period shall be the period, or sum of multiple periods as applicable within any calendar (excluding any period of planned downtime) from the Outage Incident Start time to the Outage Incident End time, each as outlined above.

The Total Monthly Time Period is calculated by taking the 24 hours in each day and multiplying these by the average number of days in each calendar month (365 days per year, divided by twelve months = 30.42 days per month).

If, during any given calendar month the Total Outage Time is greater than 0.1% of the Total Time Period of the calendar month, then the service shall be deemed to have been unavailable for an unacceptable period. The customer shall be provided a credit against future Service Subscription Fees, or equivalent charges on presentation of a written claim within 30 (thirty) days of the first occurrence of the Outage, a sum equal to the amount of Service Subscription Fee pro-rated for the period of the Total Outage Time less the pro-rated sum for the first 0.1% of the given calendar month.

The provision of Service Credits is the sole compensation available to customers in the event the services are unavailable. This SLA is supplemental to NWIMS Communications Ltd's standard terms and conditions, which apply to all services supplied

  1. 9 Planned and emergency downtime

NWIMS Communications Ltd reserves the right to close down customer systems with no notice should emergency maintenance become necessary.

For planned downtime, NWIMS Communications Ltd will inform the customer by posting the relevant information on the Network status page on our web site: https://status.nwims.co.uk

It is not expected that these planned downtimes will exceed more than 8hrs/ month and this planned downtime is excluded from any calculation of availability.

1.10 Activity/ KPI

Installation of server

Within 5 working days of clearance of remittance.

Network uptime

99.9%

Network Availability

The availability (determined by "pinging") of the network infrastructure provided between the customer's server and the internet exchange .

Reboot (during technical support working hours)

Within 4 working hours of request (please be aware that this may cause loss of data). This does not include problem diagnosis or troubleshooting.

2.0 Glossary of terms

AUP

Acceptable Use Policy

Backup

The activity of copying files so that they will be preserved in case of equipment failure or other catastrophe.

CCTV

Closed circuit television

Crack

To break into a computer system

DDoS

A distributed denial-of-service (DDoS) attack is one in which a multitude of compromised systems attack a single target, thereby causing denial of service for users of the targeted system.

DLT

Digital Linear Tape is a form of magnetic tape and drive system used for computer data storage and archiving.

DNS

The domain name system (DNS) is the way that Internet domain names are located and translated into Internet Protocol addresses

Hack

To modify a program/ server, often in an unauthorized manner, by changing the code itself

Initial server build

Server Operating System configured and set up with the latest available patches and/ or service packs from the manufacturer. Additionally installation and configuration of any specific third party software requested by the customer and agreed by us upon initial order placement.

Internet Protocol (IP)

The method or protocol by which data is sent from one computer to another on the Internet.

Network

The network infrastructure provided between the customer's server and the internet exchange.

Ping (echo test)

A basic Internet program that lets you verify that a particular IP address exists and can accept requests

Pipe

Provision of uncontended network and internet connectivity

Power

Provision of uninterruptible power supply

Reboot

Power recycling of the server

UPS

Uninterruptible power supply

* Technical support other than described above, may be purchased separately as Consultative Support and is provided in line with the Standard Price List.

In the event that any downtime is caused by customer intervention/error and the customer approves the use of Consultative Support to remedy the error then the customer is liable for the relevant Consultative Support charges incurred in resolving the problem.

**It is not possible for NWIMS Communications Ltd to offer DNS management for domains that are not on NWIMS Communications Ltd's Name Servers. NWIMS Communications Ltd offers a free transfer service for domains transferred to our DNS.

***NWIMS Communications Ltd will replace failed hardware but is not liable for downtime or loss of data that results from hardware failure.

 

Customer satisfaction is a top priority for NWIMS IT Support Ltd and NWIMS Communications Ltd whilst in the event you are not 100% happy we would like to make it very easy for you to get your complaint dealt with and a resolution found.

You can raise a complaint with us either by telephone, email or letter. We recommend email as this allows you to get the complaint to us quickly and also have a written record to refer to.

  • Stage 1, In the event you are unhappy about something contact us. We want to know whenever our customers are unhappy so that we can improve our service. You can find several ways to contact us on our Contact us page. Once you have contacted us someone will get back to you within one working day with either a resolution or information as to how we intend to deal with the problem.
  • Stage 2, Generally the problem will not reach this stage but in the unlikely event that it does then the complaint will be escalated to senior management in order to resolve the issue who will contact you within 3 working days.
  • Stage 3, If you are unhappy with the resolution offered by senior management in stage 2 then you may contact the senior management giving the reasons why you are still unhappy. The senior manager will reply to you with an update within 3 working days.
  • Stage 4, If your complaint is still unresolved then your complaint will be passed to a director. If at this stage an agreement still cannot be reached then we will issue you will a deadlock letter and the matter may be referred by you to CISAS (Communications and Internet Services Adjudication Scheme) in order to make a judgement on the issue.

The following policy is intended to be a guideline to the acceptable use of NWIMS Communications Ltd services.

 

Acceptable Use Policy

The following policy is intended to be a guideline to NWIMS Communications Ltd's stance against violations of the accepted norms of the Internet community and is not intended to be exhaustive. We reserve the right at all times to modify this policy in order to protect our services, network, reputation and goodwill. If you believe you have been the victim of abuse from our network please contact This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it..

The customer must not use NWIMS Communications Ltd's service for any of the following purposes:

  • to commit or encourage a criminal offence
  • send or receive any material which is offensive, or which we believe maybe abusive, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights
  • do anything which is contrary to the acceptable use policies of any connected networks and Internet standards
  • insert or knowingly or recklessly transmit or distribute a virus
  • hack into or disrupt any aspect of the Service
  • obtaining unauthorised access to any computer or service.
  • Circumvent, or attempt to seek to circumvent, any of the security safeguards of NWIMS Communications Ltd or any of its suppliers
  • cause annoyance to subscribers or others;
  • use any domain name or mailbox name so as to infringe upon the rights of any other person whether in statute or common law, in a corresponding trade mark or name
  • send any unsolicited advertising or other promotional material, commonly referred to as "spam" by email or by any other electronic means, and the customer must not post articles of a commercial nature to newsgroups which are inappropriate to the subject of the article
  • send any unsolicited emails advertising a site or service on our network, or allow any third party to do so
  • send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities

The customer must not email a person after they have specifically requested that you do not mail them. This applies to any automated mail system you employ.

The customer must not send email or post articles with headers modified in such a way as to disguise the true source of such mail or article.

The customer must ensure that his or her equipment cannot be used to relay mail for a third party.

Where applicable, you are responsible for maintaining the confidentiality of your username and the password assigned to you on registration. As a result, you are fully responsible for all activities which occur under them. You must notify us immediately of any unauthorised use to which you become aware.

 

Introduction

Here at NWIMS, We are committed to ensuring that your privacy is protected. We want to be fair and transparent about the personal data that is collected from You and help You understand how We use and process them. That is why We regularly review Our privacy policy to ensure that it remains robust at all times. We understand that clients may sometimes want to know the reason why We need to process certain personal data. We have therefore prepared this Privacy Policy to explain how We use Your personal data and to assure You that We are committed to the legitimate and lawful use, processing and retention of Your personal data. Any changes to Our Privacy Policy will be notified by a notice published on Our website.

What Information do We collect about You

We collect Your personal data when You register or place an order for Our products or services. We also collect Your personal data when You voluntarily complete customer surveys that We may conduct, provide feedback and participate in any statistical analysis. Website usage information is collected using cookies and the cookies automatically receives and records information on our server logs from your browser, including IP address, browser type and what sections of Our website You have visited. We sometimes use analytics software, and this information is collected anonymously and is used to better understand how visitors use Our site in order for Us to enhance user performance.

We will collect personal data about You to process Your order, manage and maintain Your account and, if You agree, to email You about other products and services which We think may be relevant or of interest to You. We will under no circumstances pass on any personal data to another third party entity unless ordered by a court order or in compliance with Our legal obligations.

When We request for Your personal data, We will rely on one of the 6 grounds of legal basis in Article 6 of the GDPR to process Your data. The data that We collect from You will be for the following reasons :

  • 1. Internal records;
  • 2. To improve product and enhance service offering
  • 3. To send promotional or marketing emails about new products, special offers and/or other information which We think may interest You
  • 4. For Us to stay compliant as a company
  • 5. For disclosure to our business professionals such as legal, accounting or any payment processing.

All Our calls are recorded and all Our communication with You including email will be recorded in Our CRM system. This allows Us to constantly review and improve Our services to You. Emailing Us will raise a ticket with a reference number that allows us to efficiently manage our communications with customers. We do this because We want to deal with all Our client requests and queries promptly and efficiently.

Collection, Use and Retention of Information

We will collect only such personal data as is required for Us to deliver Our services to You, to comply with Our legal or contractual obligations under the law or for a legitimate purpose. We will normally collect personal data such as names, addresses, contact numbers, addresses (correspondence and site location), email addresses and payment details. If You pay by direct debit, We will collect Your payment details and retain this data for a minimum period of 6 years from the date of termination or expiry, whichever is the earlier.

If We request personal data from You directly, We will identify the purpose for which Your personal data is being collected and We will explain to You how We intend to use this information. If We obtain Your personal data through a 3rd party or another source, We will also identify to You such personal data that we have acquired and the 3rd party source that shared Your personal data with Us. Where Your personal data is retained, We will inform You of the period in which We will retain Your personal data. This should generally be for a minimum of 6 years. We will not retain Your information for longer than is necessary.

Protection of Information

We understand how important privacy of personal data is to some Individuals and therefore have put in place robust security standards and procedures for the protection of Your personal data. As a successful business within the internet industry, We understand how and why some Individuals may feel vulnerable when using the internet. We believe that our security standards and procedures are compliant with UK Privacy legislation and industry standard practices and that by keeping in accord with these standards and practices, it will eliminate risk exposures to unauthorised access or disclosure. If You contact Us in relation to Your account, We will ask You for some security questions in order to verify Your details or request proof of identity before We proceed to deal with any further requests or disclose any information to You.

Disclosure to Third Parties

We do not disclose Your personal information to any third party except as may be required by law or for the purposes of offering or providing services to You. As a reputable group of companys, NWIMS IT Support Ltd and NWIMS Communications Ltd will never knowingly sell, rent, share or otherwise distribute any of your personal data to third parties. There will be certain instances however where the sharing of such information is necessary :

  • 1. if we are legally obliged to divulge or share this information on order by a court or as legally required by the law;
  • 2. where the sharing of information is required in relation to any law enforcement agencies such as RIPA or ICO in assisting the investigation, prevention or taking of action for any illegal activities, suspected fraud, or in the pursuit of legal enforcement.

Access to Information and Rectification

Your information is disclosed to Our employees for the purposes of offering or providing services to You. Our employees understand how important confidentiality and privacy is to You, that is why they will never release any of Your personal data unless Your consent for such disclosure is obtained.

You have the right to request for a copy of the personal data that We hold about You. Please email us at This email address is being protected from spambots. You need JavaScript enabled to view it. or contact a member of staff who will be happy to assist You.

We want to make sure that Your personal data is accurate and kept up to date so if You believe that the information We hold about You is inaccurate or misleading, You may request for Us to rectify these records and We will update Your records promptly. If Your contract with Us has ceased, We will hold Your personal information for a minimum period of 6 years from the cessation of Your Contract. If You would like Us to delete this information that We hold about You, please speak to a member of staff who will be happy to assist You.

How We Use Cookies

A cookie is a small file which asks You to provide consent to be placed on Your computer's hard drive. Once You agree, the file is added and the cookie helps Us to analyse web traffic. Cookies allow web applications to respond to You as an individual. The web application adapts its operation to your likely needs, likes and dislikes by remembering information about your preferences. A cookie does not give Us any access to Your computer or any information about You, other than the data You choose to share with Us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually set your preferences in your browser settings.

Links to other Web Sites

Our website may contain links to other websites. This Privacy Policy only applies to this website. We do not have control over such third-party sites and cannot accept responsibility should You decide to enter them. If You do decide to proceed to enter third party sites, You should read their own privacy policy.

Changes to Privacy Policy

This Privacy Policy is kept under regular review. We reserve the right to amend this Privacy Policy from time to time and updates will be published on Our webpage. If You have any questions or comments about Our Privacy Policy, please contact a member of staff who will be happy to assist You.

Your Rights

Under the GDPR, Individuals now have certain rights such as the right to be informed, the right of access, the right of rectification and erasure, the right to restrict processing or to object (amongst other things). If You would like to know more about Your rights, please refer to the Information Commissioner?s website at www.ICO.org.uk