Cymru 1 Connect Terms & Conditions and Acceptable Use Policy

The Cymru 1 Connect Terms and Conditions and Acceptable Use policy
applies to customers using email address ending in @Cymru1.net.

By using the Service you agree to these Terms and Conditions and Acceptable Use Policy

Updated 26/05/2018

A) Terms & Conditions:

1 Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means the details of the Customer that are required and held by Cymru 1 to facilitate the provision of the Service to the Customer including, but not limited to, identification and location details, payment details, username and password, and details of the Service provided to the Customer;
“Business Day”	means a day (that is not a Saturday or Sunday) on which banks are open for business in the UK;
“Customer Data”	means the information stored on Cymru 1's Hosting Hardware for the Customer and refers to all types of data including, but not limited to, files, programs, email and settings;
“Fee”	means the sum payable by the Customer to Cymru 1 in order to receive Cymru 1’s Service;
“Hosting Hardware”	means all computer and networking equipment used by Cymru 1 in the provision of the Service including, but not limited to, servers and network infrastructure;
“Connect Account”	means a particular specification of Service described on Cymru 1’s website or as agreed with the Customer and generally refers to the package selected by the Customer;
“Hosting Software”	means all software used by Cymru 1 in the provision of the Service;
“Order”	means an order placed by the Customer with Cymru 1 for the provision of the Service which shall contain details of the Customer’s chosen Connect Account;
"Options"	means optional enhancements or extra features as specified onCymru 1's website or as agreed with the Customer which the Customer can add to their Order or at any later time.
“Service”	means the collective components of Cymru 1’s @cymru1.net email addresses which includes, but is not limited to, the provision of bandwidth and data storage for the Customer’s chosen email address, along with any Options, and can refer either to those components as a whole or to specific parts as the context may require;
"Cymru 1", "the Host", "we", "us", "our"	means Cymru 1 Limited;
"Customer", "you", "your", "Client"	means the individual, company or other legal entity wishing to use the services provided by us;
"Uptime Guarantee"	means a Service availability goal that Cymru 1 shall endeavour to achieve.

1.1 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.

 

2 Service

The Service provided shall be an email address ending in @cymru1.net, along with any Options requested by the Customer. The Service is for use by business customers only and not intended for consumers.

2.1 Once the Customer’s Order has been placed and processed Cymru 1 will use its best endeavours to commence provision of the Service as soon as reasonably possible.

2.2 In the event that the provision of the Service (excluding any Options, which can take longer to provision) is delayed by more than two Business Days from completion of the Order Cymru 1 will contact the Customer, giving the Customer the option of waiting for a further one Business Days or receiving a full refund of all Fees paid.  In the event of further delay, the process in this sub-clause 2.2 shall be repeated.

2.3 Cymru 1 is under no obligation to provide any Service that is not set out in the Customer’s Order and specified in the relevant Connect Account and Options unless Cymru 1 and Customer enter into a new written Agreement for the provision of additional services.

 

3 Availability of Service (Uptime guarantee)

3.1 There is no Uptime guarantee for the Service.

 

4 Fees and Payment

4.1 Fees for Cymru 1 Connect Accounts and Options offered by Cymru 1 are published on Cymru 1’s website or as agreed with the Customer.

4.2 The Customer is required to pay all fees due in advance

4.3 Where payment of Fees is made on a regular monthly basis:

4.3.1 The minimum period of Service Provision and therefore minimum billing period being one calendar month.

4.3.2 Payment of Fees for the first Service Period of one calendar month must be made in advance at the time of Ordering. Payment of fees for subsequent calendar month Service Periods must be made in advance in calendar month intervals, starting from the end of the first calendar month following the initial placement of the Order, in order for the provision of the Service to continue without interruption.

4.3.3 If the Customer requires a VAT invoice covering the Fees paid to Cymru 1, the Customer must contact Cymru 1 and request the necessary invoice or invoices which will be sent to the Customer by email in Adobe PDF format.

4.3.5 Cymru 1 may at any time change the price of its Connect Accounts. The Customer will be notified at least 30 days before any such changes are applied to the Customer and will be given the option to terminate their Service.

4.3.5 The Customer may, at any time, change their Connect Account and any Options.  If the Customer chooses to do so:

4.3.5.1 Where payment of Fees is made by Direct Debit, debit card or credit card and collected automatically by Cymru 1's Direct Debit company or card payment processor, Cymru 1 will adjust the amount collected as appropriate to match the price of the new Connect Account and Options from the date of the Customer's next regular monthly payment. Where appropriate, Cymru 1 will also either request that the Customer make an additional one-off pro-rata payment to cover increased Service fees for the remainder of the calendar month until the next regular monthly payment is due (in the case of upgrades to more expensive Connect Account or Options) or will make a pro-rata refund to the Customer's card to cover overpayment by the Customer for the decreased Service fees (in the case of downgrades to less expensive Connect Accounts or Options).

4.3.5.2 Where payment of Fees is made by the Customer to Cymru 1 by Bank Standing Order, the Customer will adjust the amount paid to Cymru 1 each month to match the new Fees associated with the new Connect Account and Options selected. Where appropriate, the Customer will also make a one-off Pro Rata payment to Cymru 1 to cover increased Service fees for the remainder of the calendar month until the next regular monthly payment is due (in the case of upgrades to more expensive Connect Accounts or Options) or Cymru 1 will make a one-off pro-rata refund to the Customer to cover overpayment by the Customer for the decreased Service fees (in the case of downgrades to less expensive Connect Accounts or Options).

4.4 Where the Customer agrees to pay for a Service Period greater than one month in advance:

4.4.1 The minimum period of service provision and therefore minimum billing period shall be agreed between the Customer and Cymru 1 before the commencement of the service but shall be at least one calendar month.

4.4.2 Cymru 1 shall send the Customer an initial invoice covering the first Service Period which the Customer must settle in full before the Service will be provisioned.

4.4.3 The Customer shall either make arrangements to pay for subsequent Service Periods automatically or shall settle invoices for subsequent Service Periods, which shall be sent by Cymru 1 to the Customer 30 to 60 days before the end of the previous Service Period, immediately in order for the provision of the Service to continue without interruption.

4.4.4 Cymru 1 may at any time change the price of its Connect Accounts.  The Customer will not be subject to any additional charges or refunds during the period of Service provision paid for in advance to Cymru 1 by the Customer.  Any change in fees will be reflected in subsequent renewals of Service provision. Cymru 1 reserves the right to continue charging old fees for renewals where the new fee is higher.

4.5 The Customer may, at any time, change their Connect Account and Options.  If the Customer chooses to do so, Cymru 1 will either send an invoice for a pro-rata amount to reflect an increase in the total fees to be paid for the current Period of Service which the Customer must settle immediately, or Cymru 1 will refund a pro-rata amount to the Customer to reflect a decrease in the total fees for the current Period of Service.

4.6 All fees payable by the Customer to Cymru 1 shall be paid in full, without set off or deduction.  Cymru 1 reserves the right to suspend the Service or cancel the Customer’s Order if fees are not paid on or before the due date.

4.7 Where payment for a Service Period is not made on time, we reserve the right to charge late payment fees under the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002 (SI 2002 No 1674).

 

5 Changes to this Agreement

5.1 Cymru 1 reserves the right to change the terms of this Agreement and all other terms and conditions and policies which may affect Customers in order to comply with changes in the law.

5.2 The Customer will be informed of any such changes and shall be deemed to be bound by them one calendar month after receiving the notice.

5.3 If the Customer does not agree to be bound by the changes they may terminate this Agreement in accordance with Clause 12.

 

6 Customer Undertakings and Obligations

6.1 The Customer may not use the Service for any unlawful or otherwise inappropriate purposes.  This includes, but is not limited to:

6.1.1 Distribution of viruses, spam (unsolicited email), spyware, malware, or any other form of code or of data designed to cause harm or nuisance to hardware or software or networks or to obtain data without consent;

6.1.2 Distribution of pirated material including, but not limited to software, movies, music and written works; and

6.1.3 Distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities.

6.2 The Customer may not use the Service to link in any way to any sites or systems hosting any material described in sub-clause 6.1.

6.3 The Customer will monitor and supervise any and all third party activity on their Connect Account.  Any third party activity that may fall within the provisions of sub-clause 6.1 must be stopped or removed, as appropriate.

6.4 The Customer must ensure that any and all activity conducted through the Customer’s Connect Account in relation to the collection of personal information complies with the provisions of the Data Protection Act 1998 or its successor(s), including GDPR legislation.

6.5 The Customer must ensure that any and all activity conducted through the Customer’s Connect Account in relation to selling complies with the provisions of the Distance Selling Regulations 2000.

6.6 The Customer is responsible and accountable for all activity relating to their Connect Account that is carried out by third parties on their behalf.

6.7 The Customer will use its best and reasonable endeavours to supply all information required to facilitate the provision of the Service to Cymru 1 in a timely fashion.

6.8 The Customer accepts that if they breach any of the terms of this Agreement their Connect Account may be suspended or terminated.

6.9 Irrespective of any backup service provided by Cymru 1 and of the specifications of such backup service, the Customer is responsible for maintaining their own viable and current backup of the Customer's Data and is also responsible for any and all costs involved in creating such backups and of restoring them in the event of the Customer Data stored in the Customer's Connect Account being damaged or lost, irrespective of the cause of such loss or damage.

6.10 The Customer shall adhere to the Cymru 1 Connect Acceptable Use Policy

6.11 Where any Personal Data is being processed on, in or through the Service, Customer must enter into a Data Processing Agreement with Cymru 1.

 

7 Intellectual Property and Proprietary Rights

7.1 The Customer will not acquire ownership rights over any of Cymru 1’s Intellectual Property in or in relation to the Service or in relation to any other property owned by Cymru 1.

7.2 Cymru 1 will not acquire ownership rights over any of the Customer’s Intellectual Property or any other material belonging to the Customer.

7.3 The Customer agrees to fully indemnify Cymru 1 against all costs, expenses, liabilities, losses, damages, claims and judgments that Cymru 1 may incur or be subject to as a result of the infringement of any Intellectual Property infringement owned by third parties arising from:

7.3.1 The Customer’s failure to obtain the necessary rights and permissions from third parties in order to enable Cymru 1 to legally provide the Service;

7.3.2 The provision of the Service by Cymru 1 based upon information and material provided by the Customer.

 

8 Liability

8.1 Subject to sub-clauses 8.2 and 8.3 Cymru 1, its directors, employees, officers, other representatives, subcontractors, suppliers, shall not be liable to the Customer or to third parties for:

8.1.1 Any losses resulting from interruptions or downtime to the Service;

8.1.2 Any inability, on the part of the Customer, to use the Service;

8.1.3 Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet;

8.1.4 Any damage or loss resulting from the Customer's inability to use or access the Service resulting from the suspension or termination of the Service;

8.1.5 Any damage or loss resulting from loss of data, or loss of access to data, resulting from the Customer's inability to access the Service, however caused.

8.1.6 Any damage or loss resulting from loss of Customer Data or corruption to Customer Data data, however caused.

8.1.7 Any other loss or damage arising out of or in connection with the use of any Connect Account or Options. This is a comprehensive limitation of liability that applies to all losses or damages of any kind, including (without limitation) direct, indirect compensatory or consequential damages, loss of data, loss of income or profit, loss of or damage to property and claims of third parties.

8.2 Nothing in this Clause 8 shall exclude the liability of Cymru 1 for death or personal injury resulting from Cymru 1’s negligence or that of its employees or agents.

8.3 Nothing in this Clause 8 or in this Agreement shall exclude the liability of Cymru 1 for fraudulent misrepresentation.

8.4 Cymru 1's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall in all circumstances be limited to the total amount paid by Customer to Cymru 1 in one calendar year.

 

9 Warranty Disclaimer

Subject to the provisions of this Agreement, Cymru 1 gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.

 

10 Indemnity

10.1 The Customer will fully indemnify Cymru 1 against all costs, expenses, liabilities, losses, damages and judgments that Cymru 1 may incur or be subject to as a result of any of the following:

10.1.1 The Customer’s misuse of the Service;

10.1.2 The Customer’s breach of this Agreement;

10.1.3 The Customer’s negligence or other act of default;

10.1.4 The Activities of third parties conducted on the Customer’s Connect Account.

10.1.5 Loss of data including Personal Data

 

11 Force Majeure

11.1 Neither Cymru 1 nor the Customer shall be liable for breaching this Agreement where that breach results from Force Majeure.

11.2 Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; terrorism, flood and theft.

 

12 Term and Termination

12.1 The initial period of Service provision will commence on the date that the Customer’s Order is processed.  This term shall last for a period of one calendar month (or, by prior arrangement between the Customer and Cymru 1, a greater period), subject to the termination provisions below and to the refund provisions of sub-clause 2.2 of this Agreement.

12.2 Subsequent periods of Service Provision shall last for a period of one calendar month (or, by prior arrangement between the Customer and Cymru 1, a greater period) each and will follow on from a previous period, without interruption, subject to the fulfillment of the Customer’s payment obligations under Clause 4 of this Agreement.  All subsequent periods are subject to the termination provisions below.

12.3 Cymru 1 reserves the right to terminate this Agreement or to suspend the Service in the following circumstances:

12.3.1 If the Customer fails to pay fees due under Clause 4 of this Agreement;

12.3.2 If the Customer is in breach of the terms of this Agreement;

12.3.3 If the Customer becomes the subject of a voluntary arrangement under Section 1 of the Insolvency Act 1986;

12.3.4 If the Customer is unable to pay its debts within the definition of Section 123 of the Insolvency Act 1986; or

12.3.5 If the Customer has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administration order.

12.3.6 Cymru 1, at its sole discression, decides to terminate the service and gives the Customer 30 days notice of its decision to terminate the service.

12.4 The Customer may request the termination of the Service and this Agreement by written notice, 30 days in advance, supplying their name, address, and @cymru1.net email address.  The following shall apply to such situations:

12.4.1 The issuing of refunds is at the sole discretion of Cymru 1;

12.5 On termination of the Service and this Agreement the Customer’s Connect Account and all material, data and settings held within it will be removed from Cymru 1ing Hardware and will not normally be recoverable.

12.6 If the Customer sends a termination notice in error or changes their mind, Cymru 1 must be informed a minimum of 14 days before the date on which the Customer had originally requested the termination to occur.  Any notification outside of this period may require a new Cymru 1 Account to be set up and all data and configuration information held in the original Connect Account may be lost.

12.7 If the Service is temporarily suspended rather than terminated, although the Customer's data may remain stored on Cymru 1's Hardware, access to that data may not be possible until the service is later restored. In some cases it may not be possible to restore the service until remedial action has been taken, for example (but not limited to) removing a Connect Account that has been used to send spam or spread viruses. Furthermore, in some circumstances, for example (but not limited to) situations where a third party has gained or has been given access to the Customer's Connect Account and has altered files or data or installed software or data in such a way as to make such changes, alternations or additions difficult to trace or reverse, it may be necessary to delete all data within the Customer's Connect Account before the Service can be restored.

12.8 Cymru 1 reserves the right to terminate this Agreement and the provision of the Service if it reasonably believes that the Customer has abandoned their Connect Account. Before any such termination takes place, Cymru 1 shall send an email to the @cymru1.net address in question asking the Customer to confirm the account is not abandoned and shall give the Customer 30 days to respond to the request.

 

13 Assignment

13.1 Cymru 1 reserves the right to assign or otherwise transfer any rights or obligations under this Agreement.

13.2 The Customer may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Cymru 1.

 

14 Severance

In the event that any provision of this Agreement is found to be invalid or otherwise unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way.  The waiver by either party of any provision of this Agreement will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision.

 

15 Law and Jurisdiction

15.1 This Agreement is governed by the laws of England and Wales.  Any dispute relating to this Agreement shall fall within that jurisdiction.

 

16 Order Acceptance and Contract Formation

16.1 Order acceptance and the completion of or the formation of the contract between the Customer and Cymru 1 will take place on the activation of Cymru 1 Connect Account the Customer has requested, unless we notify you that we do not accept your order or you have cancelled it. Non-acceptance of an order for a product or service may be a result of, but not limited to, one of the following reasons:

16.1.1 The product or Service you ordered being unavailable;

16.1.2 Our inability to obtain authorisation for your payment;

16.1.3 The identification of a pricing or product description error;

16.1.4 Our inability to verify your identity to our satisfaction;

16.1.5 Our inability to verify that you are lawfully entitled to make use of the particular credit or debit card used to pay for your order.

 

17 Privacy

17.1 In order to investigate problems or suspected breaches of these Terms and Conditions we reserve the right to view the content of any and all files or data contained within your Connect Account without notice. Any Personal Data that Cymru 1 has access to in this way will be treated in the strictest confidence.

B) Acceptable Use Policy

The Customer must adhere to the Acceptable Use Policy. Failure to do so will result in the Service being suspended or terminated without notice.

1. Commercial email

No unsolicited commercial email (also known as SPAM) may be sent through our systems under any circumstances. This specifically includes unsolicited commercial email sent to any individual, organisation, company or other legal entity irrespective of their location.

Solicited commercial email may be sent through our systems, but only if the message content

a) confirms to marketing best practices and all applicable UK laws, acts and regulations;
b) does not content fraudulent, misleading or illegal information;
c) includes your full legal name, address and contact information;
d) includes information on how to opt-out of receiving further emails from you and any such opt-out requests are acted on promptly.

AND

i) only if the recipient has specifically opted in to receive commerical messages directly with you (i.e. the customer must have opted in with you and not opted in with a third party from whome you have obtained their details) OR the recipient has an existing and on-going commercial relationship with you (e.g. they are your existing customer) and has not asked not to receive any further commercial messages from you.

AND

ii) only with prior permission from Cymru 1 Limited for you to send any form of mass mailings. You may be required to make certain undertakings before such permission is given.

 

2. Dangerous Activities.

You may not use Cymru 1 services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging or injurious to persons or property or which, directly or indirectly, may be used to create danger, damage or injury to persons or property.

3. Infringement.

You may not use Cymru 1 services or servers in any manner which infringes the intellectual property rights or other proprietary rights of any third party including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization.

4. Fraudulent Activities.

You may not offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnish false data on any signup form, contract or online application or registration, or fraudulently use any information obtained through the use of Cymru 1 servers or services, including without limitation use of credit card numbers.

5. Harmful Activities.

You may not use Cymru 1 services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

6. Tortuous Activities.

You may not use Cymru 1 services or servers for any tortuous conduct, including, but not limited to, posting or disseminating defamatory, libelous, slanderous, scandalous, or private information about a person or company without their consent; intentionally inflicting emotional distress; making unlawful threats; stalking, interfering with any contract or prospective economic relations; engaging in fraud or deception; engaging in sexual or other harassment; or for violating any patents, trademarks, copyrights, or other intellectual property rights.

7. Misuse of System Resources.

You may not engage in any uses or activities that misuse Cymru 1 services, servers or system resources, including, but not limited to those that consume consume excessive CPU time, bandwidth or storage space;

 

8. Password Security

The Customer is responsible for the security of their passwords. You must not easy to guess passwords, including any that consist of merely dictionary words. You must not re-use passwords that have been used elsewhere. You must not give or share your passwords to any third party. You must inform Cymru 1 of any suspicion that your password may have been compromised and you must arrange to change it immediately.