The Service Provider [whom is under contract and agreement with ADM Shine Technologies Ltd] will offer under their terms
and conditions of business, inclusive of these terms [1-16], without modification, any CLIENT they deem as competent and of
good character to have and use an email account of the above domain.
The IT Provider [ADM SHINE TECHNOLOGIES
LTD] will offer to the Service Provider reasonable service from its Hosting or Hosting Company contracts, the necessary accounts
as are needed from time to time and all appropriate services to ensure they run as defined to a reasonable level of availability.
It is so agreed that each party shall operate such under these terms:
- The Service Provider may offer an email account
to the client for an agreed monthly fee and that service shall be on a rolling monthly basis from the 1st of the
next complete month.
- Either party can cancel
such service with two weeks' notice and the client agrees to being responsible for ensuring all emails and attachments
are downloaded prior to cancellation and cessation of the account..
- The Service Provide, their IT Provider and any Hosting Company is to be indemnified fully against
any loss of email passing through its servers, or incorrect action by the SPAM, JUNK EMAIL, VIRUS and MALWARE filters/software.
This loss is not limited to consequential business or personal loss.
- The Service Provider will take steps with any supplier to ensure the service is operating normally,
in so far as that is possible and prudent.
- The
client accepts the risk of changing any configuration or setting of the account and its control panel and will do so without
causing harm or damage to the other services the Service Provider may be operating.
- The Service Provider and Client each commit to keeping safe, secure and private the passwords
and account data. If at any time these are suspected as compromised or that unusual account activity is seen, then each agree
to inform the other party at the first available opportunity to do so. For the avoidance of doubt that means all reasonable
contrived attempts within 24 hours.
- The client
agrees the email account is to be used for personal and/or business use and all such uses shall be lawful.
- The client will be told the email size limits and will agree to keep within
such, or have cause to have such emails not sent by the Service Providers’ Supplier(s).
- The client will be given a mailbox that will hold a considerable volume of email items
and advised that those items may be lost, on a first in, first out basis should the email server ‘overflow’ howsoever
caused.
- The client will agree to be responsible
for backing up all such emails, and will not hold liable the Service Provider, their IT Provider and any Hosting Company for
those backups.
- In using the account, the client,
accepts full responsibility for its use and every email passing to it or from it (without exception).
- The client fully indemnifies the Service Provider, their IT Provider and
any Hosting Company, from any misuse of the email account howsoever caused.
- For the avoidance of doubt, the Service Provider will ensure the email Servers are in the UK
and are operated in the UK according to the law of England.
- Wherever possible the Service Provider will endeavour to ensure all preventative maintenance work on the Servers
will be done between the hours of 23:00hrs and 06:00hrs the next day.
- The client agrees never to share the account or sub-let it to any third party.
- The Service Provider will seek IT Services to enable the email account(s)
to operate to a reasonable level of availability as one would expect. For the avoidance of doubt this shall be no less than
24 hours a day for at least 353 days a year. If this is not possible the client may claim back the costs of this Service from
the Service Provider – up to a maximum of the annual cost of the email account Service.
These terms
shall be reviewed and agreed annually from 1st January to 31st December as so agreed.