TMS Internet Terms and Conditions

Where TMS Internet is a member of W Solutions Ltd

1. Service Obligation
1.1 TMS Internet will use reasonable endeavours to provide a prompt and continuing service but will not be liable for any loss of data resulting from delays, non deliveries or service interruptions caused by events beyond the control of TMS Internet, or by errors or omissions of the customer.
1.2 This agreement contains express warranties, undertakings and obligations of TMS Internet. All other conditions, warranties, terms undertakings and obligations of TMS Internet whether implied by statute, common law, custom, trade usage or otherwise and all duties of care contractual or otherwise and all liabilities (if any) of TMS Internet arising therefrom are hereby excluded to the fullest extent permissible by law.
1.3 The liability of TMS Internet ( if any) in contract, tort or negligence or otherwise arising out of or in connection with supply of services hereunder shall be limited in respect of any event or a series or two or more connected events to £250.00
1.4 TMS Internet excludes any warranty as to the quality or accuracy of information received through the service.
1.5 TERM: this agreement shall commence on the date of acceptance of the customers order by TMS Internet and shall continue unless and until terminated by TMS Internet giving notice to the customer or by the customer giving TMS Internet not less than 90 days written notice of termination to expire no earlier than 90 days after the completion of the minimum period indicated in the order or 12 months whichever is the greater.
1.6 All services, equipment, software and provisions of any nature or kind provided by TMS Internet under the provisions of this agreement remain the property of TMS Internet until payment is received in full. Ownership will then pass under the limitations provided for within this agreement.
1.7 Exclusive or bespoke design or development work will not go live on the customers Internet site until all related payments have been received by TMS Internet.
2. Suspension of Service.
2.1 TMS Internet may elect to suspend the service immediately on breach of any terms and conditions of this Agreement, including, but not limited to late or non- payment of sums due. Legal action will be taken to recover any unpaid fees due under cause 1.5
2.2 From time to time certain points of presence or the whole or part of the Network may be closed down for routine repair or maintenance work. TMS Internet shall give as much notice as in the circumstances is reasonable and shall endeavour to carry out such works during scheduled maintenance periods as published from time to time.
3. Improper Use.
3.1 Use by the customer
The customer acknowledges that it may only use the service for lawful purposes. The customer warrants that:
3.1.1 It shall not knowingly use the Service to receive or transmit material that is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right, or otherwise unlawful.
3.1.2 Its account is to be used by a single user only (unless otherwise agreed) and that it will not allow simultaneous access using the same log-in.
3.1.3 As the registered user of the account, it will keep the user name and password secure and not let them become public knowledge and that the password will not be stored anywhere on the computer in plain text.
3.1.4 If the password becomes known to any other unauthorised user, it will inform TMS Internet immediately.
3.1.5 Any breach of these obligations shall entitle TMS Internet to immediately terminate the Service to the customer. See cause 2.1
3.2 The customer hereby indemnifies and agrees to keep TMS Internet fully and effectually indemnified from and against any and all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by TMS Internet in consequence of the Customer's breach or non-observance of these terms and conditions.
3.3 The customer shall defend and pay all costs, damages, awards, fees (including all reasonable legal fees) and judgements awarded against TMS Internet arising from the above claims and shall provide TMS Internet with notice of such claims. The customer gives full authority to W Solutions Ltd to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.
3.4 Use by Others
The customer acknowledges that TMS Internet is unable to exercise control over the material sent over the Service and that TMS Internet hereby excludes all liability of any kind for the reception by the customer of offensive, threatening, or obscene material.
4. Connection to other networks
The service may be used by the customer to link into other networks worldwide and the customer agrees to conform to the acceptable use policies of such networks.
5. Restriction on sub-leasing/re-selling
The customer in entering into this contact undertakes that it will not assign, re-sell sub-lease or in any other way transfer the TMS Internet Connection. Contravention of this restriction in any way, whether successful or not, will result in the Service being terminated by TMS Internet.
6. Assignment
TMS Internet shall be entitled to assign this Agreement either in whole or in part. This agreement shall be personal to the customer who shall not be entitled to assign this Agreement in whole or part.
7. Data Protection
TMS Internet reserves the right to put the names and other information from the registration form relating to its customers into a computerised directory for internal use only, unless specific written instructions are received from the customer.
8. Software Agreement
TMS Internet and its suppliers own the licensed Programs and the documentation provided with this agreement, both of which are protected by copyright laws. The customers right to use the licensed Programs and documentation is limited to the terms and conditions described below:
8.1 License
THE CUSTOMER MAY: (a) use the Licensed Programs on a single computer; (b) physically transfer the Licensed Programs from one computer to another provided that the Licensed Programs are used on only one computer at a time, and that are removed any copies of the Licensed Programs from the computer from which the Licensed Programs are being transferred; (c) makes copies of the licensed Programs solely for the purpose of backup. The copyright notice must be reproduced and included on a label on any backup copy. THE CUSTOMER MAY NOT: (a) distribute copies of the Licensed Programs or their documentation to others; (b) rent, lease or grant its rights to the Licensed Programs; (c) translate, reverse engineer, de-compile or disassemble, or otherwise alter the licensed Programs or other documentation without the prior written consent of TMS Internet except to the extent that applicable law specifically prohibits such restriction; or (d) ship or transmit ( directly or indirectly) any copies of the Licensed programs, or any technical data in the Licensed Programs or its Media, or any direct product thereof, to any entity or country destination.
8.2 Term
The License remains in effect until terminated. The customer can terminate it at any other time under clause 1.5 by destroying the Licensed Programs together with all copies of the Licensed Programs in any form. The License will also automatically terminate without notice if there is a failure to comply with any term or condition of this agreement. Upon any termination you must destroy all copies of the Licensed Programs in any form must be destroyed.
8.3 Limited Warranty
TMS Internet warrants the media on which the Licensed Programs are provided will be free from defects in materials and workmanship under normal use for a period of thirty (30) days after purchase, and to replace without charge during the thirty (30) day warranty period. TMS Internet or the other software providers do not warrant that the Licensed Programs are error-free, will operate without interruption or are compatible with all equipment and software configurations. In addition, the security mechanism implemented by the software has inherent limitations and the customer must determine that the software sufficiently meets its needs. This warranty does not cover any licensed programs which have been subjected to damage or abuse or which have been altered or changed in any way. TMS Internet is not responsible for problems caused by computer hardware, computer operating systems or the use of the Licensed Programs in conjunction with non-TMS Internet software. EXCEPT AS PROVIDED IN THIS SECTION 8.3, TMS Internet MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED PROGRAMS, THEIR MERCHANTABILITY OR THEIR FITNESS FOR A PARTICULAR PURPOSE.
8.4 Limitation of Liability
Repair, replacement or refund (at the option of TMS Internet) is the exclusive remedy if there is a defect. In no event shall TMS Internet or the other software providers be liable for indirect, incidental or consequential damages, including, without limitations loss of income, data, use, or information, even if TMS Internet or the other software providers has been advised of the possibility of such damages. In no event shall the liability of TMS Internet or the other software providers exceed the amount paid for the Licensed Programs in any case where damage or injury to person, property or business may occur if any errors occur. The customer expressly assumes all risk for such use. This limited warranty shall be governed and construed in accordance with the laws of England.