Privacy Policy | Terms of Website Use | Cookies Policy | Delivery Terms and Conditions

These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Network Components and Solutions and external third party providers referred to as N.C.A.S forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in N.C.A.S Service specific terms & conditions, the Service specific terms & conditions shall prevail.

By signing up for the Services You warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract.

You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy
By nature of owning a N.C.A.S account, You accept these Terms & Conditions.

Definitions
“Agreement” means any agreement to which these terms & conditions are incorporated. “N.C.A.S “ Network Components and Solutions of 42 Penrith Rd Harold Hill Romford Essex RM£ 9NS 01708 300035 company reg no 5866842 and its third party external suppliers.

  1. “Package” means a collection of Services.
  2. “Pay As You Go” means N.C.A.S no minimum term commitment monthly paymentoption.
  3. “Prices” means the Prices for the Services set out in order form or as otherwise notifiedto You.
  4. “Services” means the Services to be provided by N.C.A.S
  5. “You/Your” means the person or company who purchases Services from N.C.A.SDuration and Renewal of Services
  6. Services for which payment is required on a monthly basis are available for fixed 12 month, 24 month or 36 month minimum contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, the minimum contract term on all Packages shall be 12 months
  7. When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.Cancellations
  8. When entering into a contract as a consumer (not in the course of conductingbusiness) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations) allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
  9. For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions

of this Agreement affecting the statutory consumer protection you would otherwise be

afforded as a consumer shall not apply.

  1. Unless specifically stated to the contrary in the details of the Service and/or PackageYou purchase, or agreed by N.C.A.S in writing prior to purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
  2. You are entitled to cancel the services by contacting N.C.A.S ‘ cancellation team no more than 90 days prior to the expiry of your minimum contract term , and no less than 60 days prior to the next payment date of that service. This request must be in writing on company headed paper signed by a senior manager and any cancelation fees paid if required for that service. Once N.C.A.S accept your cancellation request you will be provided with written confirmation of cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.
  3. N.C.A.S reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.Refunds
  4. Charges due on a pre-pay basis (together with account set-up fees, where applicable),are non-refundable.
  5. In the event that N.C.A.S cancels Your Service for reasons other than Your breach ofcontract, You will be entitled to a pro rata refund based upon the remaining period ofYour current contract term.
  6. If You contravene Your Agreement with N.C.A.S, a refund will not be issued in theevent of a cancellation.
  7. Domain credits are non-refundable as they enable the purchase of domain names atdiscounted Prices, based on an up-front commitment.
  8. Credit notes can only be used for payment (or partial payment) of Your Service, andare non-refundable.Payment
  9. All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package. In signing up for a N.C.A.S account You agree to commit to the contract for the fixed term. It is not possible to provide early payment and terminate the contract prior to the expiry of the fixed term.
  10. Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased “Pay as You go” Services or Packages then payment will be required monthly in advance. If You have purchased Services on a fixed 12 month, 24 month or 36 month basis then You will be required to pay on the payment plan You selected, paying in advance or by way of monthly installments in advance throughout the year.
  11. You will be invoiced automatically for the next pre-paid period on the basis of your current payment plan at the expiry of the current pre-paid period unless You have cancelled the Services in accordance with clause 3.1. once paid will be non- refundable. In cases of failed payment, the invoice will become due and payable to N.C.A.S in its entirety.
  12. N.C.A.S reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address at the time of renewal. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You

will be charged the new Price when the Service is automatically renewed at the end of

the current term.

  1. All payments must be made in UK pounds sterling, inclusive of applicable taxes.
  2. Payments must be made in advance of the due date you accept N.C.A.S’ Terms &Conditions and are jointly and severally liable for the payment of all Prices for which.
  3. N.C.A.S reserves the right to suspend all Services until payment is received in full andall outstanding debt is cleared. Any non-payment of an invoice may be subject to a £25 administration charge. You are responsible for all money owed on the account from the time it was established until N.C.A.S accepts Your cancellation request. You are responsible for any additional costs incurred by N.C.A.S in the collection of outstanding debt.
  4. You are required to have a valid email address failure will result in automatic suspension of Your account.
  5. Payments processed by PayPal are subject to PayPal’s terms and conditions of Service, and N.C.A.S makes no representations or warranties with respect to those Services.
  6. If You fail to pay all Prices due, N.C.A.S reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to N.C.A.S
  7. Please refer to N.C.A.S Service Specific Terms & Conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.
  8. Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.Chargebacks
  9. If You withdraw any payments made via a bank, credit card or PayPal account (a”chargeback”) N.C.A.S will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from You in addition to an administration fee of £25+VAT for each inappropriate chargeback raised.
  10. If a chargeback is made, N.C.A.S reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to N.C.A.S .Appropriate Service use
  11. N.C.A.S reserves the right to refuse Service and/or access to its servers and/orServices to anyone.
  12. N.C.A.S does not allow any content which breaches our Acceptable Use Policy to bestored on its servers. N.C.A.S reserves the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
  13. N.C.A.S shall notify You if it becomes aware of any allegation that You breach the Acceptable Use Policy.
  14. Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of N.C.A.S.
  15. N.C.A.S reserves the right to move Your data to a different server with no prior notice.
  16. You shall indemnify N.C.A.S against all damages, losses and expenses arising as aresult of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.
  1. In the event that N.C.A.S removes data or content from the Services and/or suspends Your site pursuant to clause 7.2, and later reinstates such content and/or resumes the Services, You shall indemnify N.C.A.S against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services Your site breaches the Acceptable Use Policy.Scheduled maintenance
  2. To guarantee optimal performance on the servers, it is necessary for N.C.A.S toperform routine maintenance. Such maintenance often requires taking N.C.A.S Services off-line, typically performed during off-peak hours. N.C.A.S
    Support
  3. We will endeavor to provide a continuous high quality service. If You experience problems with Your Service, You should consult N.C.A.S for support Please note we may require suspension of some of N.C.A.S Services for short scheduled periods to carry out maintenance or repair to N.C.A.SDatabase Usage

41. If You exceed the limits on N.C.A.S database products (MS SQL and MySQL) then we

will automatically charge You for the additional space You use at N.C.A.S current Prices. For example if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.

Data

  1. All data created or stored by You within N.C.A.S applications and servers are Yourproperty. N.C.A.S shall allow access to such data by only authorized N.C.A.S personnel. N.C.A.S makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder’s server space or within applications on N.C.A.S’ servers.
  2. N.C.A.S maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. ( N.C.A.S External suppliers provide this along with mail boxes) In the event of loss of or damage to your data relating to actions made by You or on Your behalf you will not be given access to any data stored as part of these procedures.
  3. In the event of loss of or damage to your data relating to a failure in N.C.A.S systems or servers, N.C.A.S will make reasonable commercial efforts to assist you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data.
  4. You shall indemnify N.C.A.S against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.Uploads via scripting languages
  5. We limit uploads made via scripting languages – including PHP, ASP and ASP.NET.Uploads made using PHP are limited to 20MB per file. Passwords
  6. It is the account owner’s responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. N.C.A.S is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party. N.C.A.S recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.).
  7. You accept full responsibility for any purchases or modifications made within your control panel by You or by third parties using your account password. This is an extra option chargeable control panel.

Your personal details

  1. You warrant that the contact information that you provide to us on establishment ofyour account is correct, and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
  2. Please note that whilst Your email is primarily used for billing purposes, N.C.A.S reserves the right to email You information about its product offerings. You can unsubscribe from marketing communications.
  3. N.C.A.S will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. However, F N.C.A.S may need to provide Your name and delivery address to third parties that N.C.A.S may use for the purposes of delivering specific Services to You (e.g. customer support).N.C.A.S Disclaimers and Warranties
  4. N.C.A.S does not back up your data/website and whilst every attempt would be madein the unlikely event of any corruption or hardware failure, N.C.A.S cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non- deliveries, wrong delivery, and any and all Service interruptions caused by N.C.A.S..
  5. N.C.A.S makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.
  6. So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
  7. For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.Liability
  8. N.C.A.S shall not be liable for any loss or damage of whatsoever nature suffered byYou arising out of or in connection with any breach of this Agreement by You or anyact, misrepresentation, error or omission made by You or on Your behalf.
  9. N.C.A.S will not be liable for any indirect loss, consequential loss, loss of profit,revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
  10. No matter how many claims are made and whatever the basis of such claims, N.C.A.S ‘ maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
  11. None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Fasthosts, its employees or its sub-contractors.
  12. N.C.A.S shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-

interruptions to the flow of data to or from the internet; changes, updates or repairs to the network or software which it uses as a platform to provide the Services the effects of the failure or interruption of Services provided by third parties;

Factors outside of N.C.A.S’ reasonable control; Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties; problems with Your equipment and/or third party equipment; interruptions to the Services requested by You Force Majeure

  1. N.C.A.S shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of N.C.A.S (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.Non-Waiver
  2. The failure of N.C.A.S to require Your performance of any provision shall not affect thefull right to require such performance at any time thereafter; nor shall the waiver by N.C.A.S of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
    Survival
  3. The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.Notice

64. You agree that any notice or communications required or permitted to be delivered

under this Agreement by N.C.A.S to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.

Governing Law

  1. Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligationsand all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
    Legal Fees
  2. If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.Assignment
  3. You shall not assign, sub-license or transfer Your rights or obligations under thisAgreement to any third party without the prior written consent of N.C.A.S. However, in the event that N.C.A.S consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.Entire Agreement
  1. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.Amendment in Writing
  2. We may update or amend these General Terms and Conditions, the Service SpecificTerms & Conditions including any technical specification relating to the Services and/or Package, the Acceptable Use Policy, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. .Further Assurances
  3. The parties shall execute such further and other documents and instruments and takesuch further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
    Relationship of the Parties
  4. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
    Joint and Several Obligations
  5. If any party consists of more than one entity, their obligations here under are joint and several.No Third Party Beneficiaries
  6. This Agreement does not provide and shall not be constructed to provide any thirdparties, with any remedy, claim, cause of action or privilege.Severability
  7. In the event that any provision of this Agreement shall be unenforceable or invalidunder any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. N.C.A.S will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of N.C.A.S as reflected in the original provision.

Acceptable use policy

This policy is subject to change, so please check regularly for updates. This policy is in addition to N.C.A.S Terms & Conditions.

Use of Services

  1. N.C.A.S reserves the right to suspend or cancel a customer’s access to any or allServices provided by N.C.A.S , where N.C.A.S decides that the account has been inappropriately used. N.C.A.S reserves the right to refuse Services and/or access to its servers to anyone.
  2. N.C.A.S offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines (see section 3)
  3. N.C.A.S provides unlimited, burstable bandwidth and Burstable RAM with some of the services and for these resources we require that you do not continuously use an unreasonable excess of such resources. Use of them in a temporary, burstable fashion is acceptable.
  1. N.C.A.S offer large numbers of mailboxes with some account types subject to a fair use policy. Mailboxes are intended for direct use by the package owner and should not be resold or offered for use by third parties. Should the number of active mailboxes assigned to an individual package exceed 49, N.C.A.S reserve the right to restrict the number of mailboxes included in the package price.
  2. N.C.A.S reserve the right to delete mailboxes (including contents) that are deemed inactive, i.e. have not been accessed within the last 180 days.
  3. N.C.A.S will suspend access to, or cancel, an account which: Contains invalid or fraudulent details.
    Initiates a payment card chargeback.You agree;
    not to re-sell or offer for the use of third parties any part of our services, Acceptable use guidelines
  4. You may not use the Services:
    in any way that breaches any applicable regulation , UK or International law. in any way that is fraudulent;to host any material which is in breach of our content guidelines (see section 3);
    to transmit, or otherwise permit any unsolicited or unauthorized advertising or promotional material or any other form of similar marketing material ,also known as SPAM or Unsolicited Commercial E-mail (UCE)to publish or otherwise distribute Warez, copy written or other illegal material. The onus is on You the customer to prove that You own the rights to publish material, not for N.C.A.S to prove that You do not.

    participate in any file-sharing/peer-to-peer activities; as a file backup store. All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, unless they are hidden files needed to operate the website; we reserve the right to delete files which do not match these criteria without giving notice to you.

    to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy Services, anonymous or otherwise, are not allowed to use an excessive amount of server resources. These include bandwidth, processor utilization and / or disk space.

    to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site. We recommend you stream any multimedia content including audio and video files. Any downloads offered by You under this clause are subject to sections 1.2, 2.1.6, and 2.1.10 of this Acceptable Use Policy. N.C.A.S reserves the right to archive any download content we do not believe to be necessary for the normal operation of the site, and the definition of this is entirely at the discretion of N.C.A.S.

    to redirect users from a non-.XXX website to a .XXX website Content guidelines

  5. These content guidelines apply to any and all services provided by N.C.A.S to You.
  6. Material published to or transmitted through our servers must: be accurate (wherestating facts);
    comply with applicable law in accordance with section 2.1.1 of this policy.

10. Material must not:
be defamatory of any person;
be obscene, offensive, or inflammatory;

contain any adult material with the exception of content hosted on .XXX domains. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of ‘adult material’ is left entirely to the discretion of N.C.A.S.
material hosted on .XXX domains must not breach any of the IFFOR policies. These include, but are not limited to:

.XXX registrants must not display any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, depicting child pornography as defined in the United Nations Convention on the Rights of the child.

.XXX registrants must agree to permit automated monitoring of their sites by IFFOR or if applicable, any other recognized third party for compliance with IFFOR policies, including without limitation, IFFOR policies requiring site labelling, prohibiting child pornography, and prohibiting content or conduct designed to suggest the presence of child pornography. Registrants must agree not to employ technological or other means to defeat or prevent such monitoring.

No registrant shall use or permit use of a .XXX domain name for or in connection with email spoofing, phishing, spam, or other forms of malicious behavior, in accordance with specifications and policies issued by IFFOR from time to time.

No registrant may register an abusive string in the sTLD including, without limitation, strings that infringe the intellectual property rights of a third party, including common law trademark rights; strings that are obvious variants of well-known trademarks not belonging to the registrant; first and last names of an individual other than the individual or his/her agent or names that suggest the presence of child pornography.
infringe any copyright, or trade mark.;
be likely to deceive any person;
promote or assist any illegal activity;
be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

be used to misrepresent your identity or affiliation with any person or organization; 11. You must ensure that any end-user submitted content such as forum posts or chat

room entries meet with the standards defined within this Policy. Enforcement

  1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of N.C.A.S Services. When a breach of this policy has occurred, we may take such action as we deem appropriate in accordance with section 1.1 of this Acceptable Use Policy.
  2. Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use N.C.A.S Services, and may result in our taking all or any of the following actions:immediate, temporary or permanent withdrawal of your right to use N.C.A.S Services; immediate, temporary or permanent removal or archiving of any content in breach of our Content Standards (as defined in section 3 of this Acceptable Use Policy) uploaded to our servers;issue of a warning to you;
    issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    further legal action against you; or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

General

  1. N.C.A.S have a Police Liaison function and we are committed to assisting, andcooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.Contact Information
  2. We are happy to answer any questions You may have regarding Your N.C.A.SServices. Please note that any discussions with N.C.A.S are treated in strictest confidence, so we may need to ask You security questions to confirm that we are speaking to the right person.
    Privacy policy
  3. Your right to privacy is very important. N.C.A.S recognize that when You choose to provide N.C.A.S with information about Yourself, You trust N.C.A.S to act in a responsible manner. We believe this information should only be used to help N.C.A.S to provide You with a better Service.