Axtol Ltd Terms and Conditions
The Terms and Conditions set out below represent a complete statement
of the agreement between the parties and supersede all prior discussions,
correspondence and representations.
Axtol Ltd website, brochures and advertisements are for information purposes
only and are not intended to form any agreement between Axtol Ltd and
the participant.
This agreement is between Axtol Ltd and the participant and shall be
deemed to come into force when Axtol Ltd receives an order from or a payment
or issues material to the participant. These terms and conditions are
subject to change without notice and changes will apply to any enrolment/course
order received after the date of the change. These terms and conditions
may not be varied except when a written notice is signed by Axtol Ltd.
The acceptance of a purchase order by Axtol Ltd containing different terms
and conditions, does not modify or supersede these terms and conditions.
If you are looking for Terms & Conditions that relate to the Axtol
Affiliate Scheme you can find them in the Affiliate Information section
of this website; or by clicking here.
1. Definitions
1.1 "Agreement" means any agreement made subject to these Conditions,
which shall incorporate these Conditions.
1.2 "Company" means Axtol Ltd of 13 Roseacre Close, London,
W13 8DG
1.3 "Internet" means the global data network comprising interconnected
networks using TCP/IP to which the company is connected and provides access
to its customers.
1.4 "PDN" means the Public Data Network operated by a PTO as
defined by the Telecommunications Act 1984.
1.5 "PSTN" means the Public Switched Telephone Network operated
by a PTO as defined by the Telecommunications Act 1984.
1.6 "PTO" means a Public Telecommunications Operator as defined
by the Telecommunications Act 1984.
1.7 "Customer" means any person or organisation with whom the
Company enters into an Agreement subject to these conditions.
1.8 "Service" means the services described in the current Company
literature together with such Value Added Services to be provided by the
Company to the Customer but in any event the provision of data network
services using TCP/IP. Representations made by the Company's distributor
will not form part of this agreement unless confirmed in writing prior
to purchase of the service.
1.9 "Service Commencement Date" means the date identified as the
delivery date on the company invoice to the Customer or the set up of the
Customer User Name and Password on the Axtol website.
1.10 "Value Added Service" means the provision of a service other
than simple connectivity that may be detailed in the current Company brochure
or the website.
1.11 "Upgrade Usage Charges" means such charge for such predetermined
unit of time and or volume of data together with any charges related to
Value Added Services from time to time provided by the Company in each
case at the rates set out or referred to in the Company's published tariffs
and or such as may be agreed in writing with between the Customer and
the Company.
1.12 "User Name" means such sequence of alpha numeric characters
as are used from time to time by the Customer to identify himself to other
users of other computers to which the Company is from time to time connecting
or otherwise forwarding data to and from the Customer.
1.13 "TCP/IP" is the abbreviation for Transmission Control Protocol/
Internet Protocol.
1.14 "Dial-Up Usage" means use of the Service over a dial-up
telephone line.
1.15 "Network Operator" means the legal entity or entities responsible
for operation of a communications network.
1.16 "The Company's Network" means the network owned and operated
by The Company for the purpose of providing services and publishing information
on behalf of the Customer.
2. Acceptance of Application
2.1 The Company reserves the right to refuse any application for subscription
or service.
3. Right to Change Username, Internet Address and Password
3.1 The Company shall have the right from time to time to change the Customer
User name, Internal Address and or Password allocated by the company for
the purpose of essential network maintenance enhancement modernisation
or other work deemed necessary to the operation of the Internet.
4. Charges for the Service
4.1 Charges for the Service shall be paid by the Customer to the Company
electronically on-line or by cheque in advance unless any other payment
method has been agreed in writing between the Company and the Customer
or as detailed on the contract order form.
4.2 The Company reserves the right to vary from time to time all charges
with one months notice to the Customer
4.3 All payments shall be paid to the Company before release of Licences
unless otherwise specified on the invoice at the Company's main office
or at such other address as may from time to time be specified by the
Company in writing. Any invoices will be presented to the customer at
least thirty (30) days before their due date. The Company may by written
notice at any time require the Customer to pay all charges by Direct Debit
on the 7th day after posting of any invoice. All usage charges shall be
payable in full in respect of the month in which the notice to terminate
the Agreement expires.
4.4 Interest payable on demand before judgement shall accrue from day
to day on overdue amounts at the rate of 2% above Lloyds TSB bank base
rate + VAT if applicable.
5. Liability
The Company shall not be liable for any loss or damage howsoever caused:
5.1 Economic loss, including loss of profits, business revenue and goodwill.
5.2 Any act caused as a result of force majeur or beyond the Company's
control.
Including acts of God, civil commotion, riots, flood, drought, fire, and
legislation.
6. Changes to the Service
If any Network Operator shall discontinue the provision of telecommunications
services to the Company or shall alter by modification, expansion, improvement,
maintenance or repair of the telecommunications services or any part thereof
provided to the Company, the Company shall be entitled to discontinue,
alter, modify, expand, improve, maintain, repair, suspend, disconnect
or otherwise change the Services as necessary.
7. Suspension
The service may be suspended or suspended during peak times by the Company
without notice and without prejudice to the Company's Rights Of Termination
under Clause 11 in the event.
7.1 Failure by the Customer to make any payment to the Company on its
due date for payment.
7.2 If the Customer does or suffers anything to be done which jeopardises
the service or any network to which it is from time to time connected.
7.3 If the Customers credit limit has been exceeded or if the Customer
is otherwise in breach of these Terms and Conditions.
8. Termination
This Agreement shall remain in force for a minimum period of 12 months
from acceptance of Customers application being the date on which the Company's
order form was signed by the Customer.
Termination can be effected as follows:
8.1 By the Customer. The Customer may terminate this Agreement by giving
one month's written notice after the termination of this agreement. Email
notification will not be accepted as notice of termination of Agreement.
8.2 By the Company. The Company may terminate this Agreement at any time
and without notice if:
a. the Customer commits any breach of this Agreement including but without
limitation non-payment of fees.
b. by at least 1 months written notice to the Customer.
8.3 The Company reserves the right to invalidate any Customer's User name
and Internet Address issued to the Customer following termination of this
Agreement.
8.4 No refund of Advance Subscription Payments will be made to the Customer
upon termination of the Agreement by either the Company or the Customer.
9. Rights on Termination
9.1 Termination of the Agreement shall not affect any pre-existing liability
of the Customer or affect any right of the Company to recover damages
or pursue any other remedy in respect of any breach by the Customer of
the Agreement.
10. Notices
10.1 Any notices under or in connection with this Agreement shall be in
writing by email or shall be delivered by Royal mail post to the relevant
address given in the Agreement or to such address as the recipient may
have notified to the other party via E-mail for that purpose.
10.2 Suspension notices for non-payment of Charges will be deemed as delivered
by facsimile to the relevant facsimile number given in the Application
or to such facsimile number as the Customer may have notified.
10.3 Any notice shall be duly given, if given by pre-paid first class
mail, at the expiration of 48 hours after the envelope containing the
same shall have been posted. In proving such service it shall be sufficient
to prove that delivery was made or that the envelope containing such communication
was properly addressed and posted as a pre-paid first class letter.
11. Expenses of the Company
The Customer shall pay to the Company all reasonable costs and expenses
incurred by the Company in enforcing any of these Conditions, or exercising
any of its other rights and remedies under the agreement, including (without
prejudice to the generality) all costs incurred in tracing the Customer
in the event that legal processes cannot be enforced at the address last
notified to the Company.
12. Non-Waiver
The allowance of time to pay or any other indulgence by the Company in
respect of payments due to it shall in no manner affect or prejudice it's
right to payment together with interest provided under these Conditions.
13. Invalidity
If this Agreement or any part thereof shall be adjudged for any reason
to be void, unenforceable or ineffective but would be adjudged to be valid
effective and enforceable if part of the wording were deleted pr a provision
were reduced in scope this Agreement shall continue with such modifications
as may be necessary to make its provisions (or if such be the case its
remaining provisions) valid effective and enforceable.
14. Other Printed or Standard Conditions
All services are provided on the foregoing conditions which constitute
the entirety of the Agreement to the exclusion of any other terms &
conditions and no agreement terms & conditions contained in any document
sent by the Customer to the Company shall be of any effect with respect
to the Agreement unless expressly accepted by a duly authorised officer
of the Company in writing.
16. Variation
The Company reserves the right to vary these terms & conditions as
a result of changes required by its insurers, operation or administration
problems, new legislation, statutory instruments, Government regulations
or licences. The Conditions may not otherwise be varied or waived except
by express written agreement between both parties.
16. Service Level Guarantee
The Company warrants that its supply of access to the server shall be
at a level of 99% per year. This warrant excludes failures of local circuits
between The Company's network and the Customers network and or failures
of or in the operation of customer owned hardware and or software. In
the event of suspension of service due to a technical fault in the network
or act of God, the Company will use all possible endeavours to resume
service with minimum delay but will not be responsible for loss suffered
by the Customer. The Company may suspend the service from time to time
for necessary technical reasons and network upgrades outside the 99% warranty
as above.
17. Copyright / Intellectual Property
All copyrights, patents, designs and other intellectual property rights
in or relating to any course materials provided or made available in connection
with the public course, on-site course or online course, remain the sole
property of Axtol Ltd, or their respective owners. No part of any course
materials may be reproduced, stored in a retrieval system, or transmitted
in any form or by any means, electronic, mechanical, photocopying, recording
or otherwise, or translated into any language, without the prior written
permission of Axtol Ltd.
18. Law and Arbitration
This Agreement is subject to the laws of England under the jurisdiction
of the Courts of England and any alteration to part of the agreement shall
not invalidate the remainder. This does not affect your statutory rights
as a consumer.
19. Statutory Rights:
Your statutory rights are not affected.
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