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3R Net Limited Standard Terms and Conditions of Business

This document sets out the Terms and Conditions governing the agreement between the Customer and 3R Net Limited ( “3R Net ” ) of P.O. Box 42599, London, E1W 3LA.

1. Interpretation

1.1. In this contract the following interpretations apply: "We" and "us" means 3R Net Internet, "The Client", "he", "his" and "him" means the customer we make this Contract with. It includes a person who we reasonably believe is acting with the customer's authority or knowledge; "Contract" means the agreement between us and the Client, incorporating these Terms and Conditions and the relevant Purchase Order Form; "Purchase Order Form" means the relevant order paperwork, specific to each product and service, which must be signed by the Client prior to commencement of the Service; "Information" means the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service; "the Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/ Internet Protocol"); "Name" means any name specifically requested by or allocated to the Client for the provision of the Service; "the Service" means the service provided by us whereby the Client can gain access to the Internet and, where applicable, any services and facilities which we provide and the Client uses in connection with the Service and which are set out on the relevant Purchase Order Form.

2. Provision of the Service

2.1. We agree to provide the Client with the Service under the terms and conditions of this Contract.
2.2. 3R Net's Services are provided on an 'as is' and 'as available' basis and we make no warranties or representation, whether express or implied, in relation to 3R Net or the Services.
2.3. The Service is accessed via a telecommunications service. This Contract does not include the provision of telecommunication services necessary for connection to the Service. The Client is responsible for making a separate application for the appropriate service and for complying with the conditions applicable to it.
2.4. The Client is responsible for providing a suitable PC, modem and any other items of hardware or communications equipment necessary to enable them to access the Service.
2.5. 3R Net reserves the right to vary the technical specification of the Service from time to time.
3. Minimum subscription period.
3.1. The minimum subscription period for provision of Service is twelve calendar months, every twelve months. Please note that certain products and services are subject to specific terms and conditions. These are included on the relevant Purchase Order Forms and acceptance correspondence. The relevant documents must be signed by the Client prior to commencement of service.

4. Charges

4.1. The Client agrees to pay all charges for the Service as specified in the Price List and the relevant Purchase Order Form.
4.2. Unless otherwise specified in the Price List, all charges are payable in advance.
4.3. All charges quoted to the Client are exclusive of VAT for which they shall be solely liable at the applicable rate.
4.4. All invoices must be paid by their due date. In the event of default on payment by the Client, 3R Net shall then have the right to require them to pay all sums due on demand.
4.5. Without prejudice to the foregoing provision, 3R Net reserves the right to terminate the Services to the Client forthwith in the event of any default on payment. Accounts in default may be charged interest on the outstanding balance at a daily rate of 3% above the National Westminster Bank plc's base-lending rate.
4.6. In the event of non-payment by the Client, 3R Net reserves the right to retain all Services including but not limited to domain names, until such time as all monies due and owing have been paid.

5. Security

5.1. In order to access the Service the Client will be issued with a user name and password. It is the Client's responsibility to ensure that all passwords are kept confidential, secure, used properly and not disclosed to other people.
5.2. It is the Client's responsibility to inform us immediately if the password has become known to someone not authorised to use it or if any password is being used or is likely to be used in an unauthorised way.
5.3. If we have reason to believe that there is likely to be a breach of security or misuse of the Service, we may change the Client's password and notify them accordingly.
5.4. The Client agrees to provide us promptly and accurately with all the information that we may reasonably require in order to carry out our obligations under this agreement, and to notify us immediately of any changes.

6. Use of the Service

6.1. The Service may not be accessed or used more than once at any given time.
6.2. The Client is responsible for the creation, maintenance and design of all Information on any web site they may establish.
6.3. The Client warrants that the Information will not include any material which is (or the accessing of which) would be a criminal offence or otherwise unlawful. In particular, the Client warrants that all necessary licenses and consents have been obtained.
6.4. The Client warrants that they will comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licenses and any other codes of practice which relate to the provision of Information and which apply to them.
6.5. The Service must not be used:
6.5.1. Fraudulently or in connection with a criminal offence.
6.5.2. To send, receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights
6.5.3. To send unsolicited advertising or promotional material.
6.5.4. To cause annoyance or inconvenience; or
6.5.5. In contravention of 3R Net’s Acceptable Usage Policies (AUP).
6.6. The Client must not use a Name so as to infringe the rights of any person in a corresponding trademark or name.
6.7. The Client must tell us immediately if any third party makes or threatens to make any claim or issue legal proceedings against them relating to their use of the Service.
6.8. If we suspend the Service for contravention of any of paragraphs 6.1 to 6.6 inclusive, we will not restore it until we receive an acceptable assurance from the Client that there will be no further contravention.

7. Assignation

7.1. The Client shall not assign, re-sell, transfer or sub-lease the Services or their rights under this agreement.
7.2. 3R Net shall be entitled to assign this agreement either in whole or in part.

8. Breach of Contract

8.1. 3R Net reserves the right to suspend provision of the Service to the Client or terminate this Contract (or both) with immediate effect if:
8.1.1. The Client breaks any provision of this Contract.
8.1.2. We reasonably believe the Service is being used in a manner prohibited under paragraphs 6 or 7.1.
8.1.3. Any charges for the Service are unpaid or rejected; or d) Bankruptcy or insolvency proceedings are brought against the Client or a receiver or administrator is appointed over any of the Clients assets or the Client goes into liquidation.
8.2. If we terminate this Contract under 8.1 the Client must pay us all charges, which are due for the Service under this Contract, including any unpaid charges for the remainder (if applicable) of the Minimum Subscription Period.
8.3. The Client will continue to be liable to pay all charges due for the Service during any period in which they fail to comply with this Contract, including for any period when the Service is suspended.
8.4. If we delay in acting upon a breach of this Contract by the Client, that delay will not be regarded as a waiver of the breach. If we waive a breach of this Contract by the Client, that waiver is limited to that particular breach.

9. Termination of Contract

9.1. At any time after the Service has been provided, this Contract or the provision of any service or facility under it may be ended by 30 days written notice on either side.
9.2. If the Client gives notice they agree to pay charges for the Service until the expiry of the notice. The Client must also pay the charges due for any remaining part of the Minimum Subscription Period.
9.3. If we give notice to end the Service under paragraph 9.1, the Client agrees to pay the charges for the Service until the expiry of the notice period and we will repay or credit the appropriate proportion of any charges for the Service which the Client has paid in advance for a period ending after the notice expires.
9.4. Notice being given does not avoid any other liability for the Service already provided.

10. Liability

10.1. Although the Client may use the Service to link into other Internet Networks, we cannot be and are not responsible in any way for any telecommunications systems or networks which we do not operate.
10.2. We do not accept liability for death or personal injury caused by our negligence.
10.3. In performing any duty under this Contract, our duty is only to exercise the reasonable care and skill of a competent Internet Service Provider.
10.4. The Client acknowledges that we have no control over the information which can be accessed using the Service and that we do not examine the use to which Clients put the Service or the nature of the information they are sending or uploading. We exclude all liability of any kind for the transmission or reception of such information of whatever nature.
10.5. We exclude all liability for the information or any other material published or otherwise made available by the Client or any other person on any web site established using the Service.
10.6. We are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication services or for faults in or failures of their apparatus.
10.7. We are not liable in contract tort or otherwise (including liability for negligence) for loss whether direct or indirect of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss at all.
10.8. Each provision of this paragraph 10 operates separately in itself and survives independently of the others.

11. Indemnity

11.1. The Client must indemnify us against any claims or legal proceedings arising from the use of the Service under this Contract (including but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person.

12. Variation of Terms and Conditions

12.1. We reserve the right to vary these Terms and Conditions at any time after giving reasonable notice.

13. Force Majeure

13.1. We shall not be liable for failure of the Service caused by circumstances beyond our control. This includes, but is not limited to; acts of God, fire. Lightning, explosion, war, flood, industrial disputes, sabotage, severe weather conditions or acts of local or central Government or any other competent authorities. Should any instance of Force Majeure continue for more than 90 consecutive days, then either party shall be entitled to terminate this agreement forthwith.

14. Notice

14.1. Notices given under this Contract may be sent via fax, or by first-class pre-paid post to the addressee at the following address:
14.2. To us: 3R Net Limited, P.O. Box 42599, London, E1W 3LA or any alternative address which we notify to you at any time.
14.3. To the Client: the address which the Client specifies when registering for the Service, any alternative address which they notify to us at any time or, if the Client is a limited company, their registered office.

15. Name

15.1. You confirm and warrant that you are the owner of or that you are duly authorised by the owner to use any trade mark or name requested or allocated as your Name.
15.2. You acknowledge that we cannot guarantee that any Name you request will be available or approved for use.
15.3. We reserve the right to require you to select a replacement Name and may suspend the Service if, in our opinion, there are reasonable grounds for us to believe that your current choice of Name is, or is likely to be, in breach of the provisions of paragraphs 6.5 or 6.6.

16. Third Party Rights

16.1. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

17. Law/Jurisdiction

17.1. This Contract is governed by English Law and the Client and 3R Net submit to the exclusive jurisdiction of the English Courts.