'Tollon' means: Tollon Limited whose registered office is Suite 4, Scotts Sufferance Wharf, 1 Mill Street, London, SE1 2DE. 'Customer' means: the Customer of Tollon Limited. 'Services' means: services provided by the Company either in the direct or indirect control of the Company. 'Website' means: A website and all associated files. Service means: Services supplied by the company to the customer.
Tollon Network is comprised of all equipment under the control of Tollon.
The Tollon Network does NOT include:
- equipment located on customer premises.
- telephone circuits between a POP and the customer location.
- any networks or network equipment not owned or controlled by Tollon.
Network outage - an outage in which the customer is unable to connect to any site from the customer's location via two diverse internet connections but does NOT include:
- planned outages
- partial outages of less than 60 continuous minutes
- degradation of service due to high packet loss or similar conditions which may be indicative of the Internet as a whole.
- A network outage does not include server hardware failure of any description.
Any claims and supporting information must be submitted via the Support System. Claims will be acknowledged within two business days and reviewed within 10 business days of receipt. Upon coming to a decision, the Customer will be notified via the Support System whether the claim will be accepted or rejected by specifying the basis for rejection. Any claims for less than £25.00 nett of VAT will not be processed.
Maintenance
Tollon shall use reasonable efforts to notify you of any planned changes to the Tollon network or facilities that affect the Services provided.
Limitations
Whilst Tollon will at all times make every effort to ensure the performance and delivery of Services that are directly within its control or not, Tollon gives no warranties of any kind, expressed or implied for services provided to the Customer. Tollon disclaims any warranty or fitness for a particular purpose. This includes loss of business, custom, loss of data and all service interruptions unless otherwise stated by Tollon or agreed with the customer in writing.
Exclusions
The Customer will have no recourse to Tollon if a customers account is in arrears; Tollon has suspended or withdrawn services as a result of the customer being in breach of any of the terms in the use of the services; is subject to a wind-up order, has been placed into receivership, or ceased trading.
Indemnify
The Customer agrees that it shall defend, indemnify, save and hold harmless Tollon from any and all demands, liabilities, losses, costs and claims, including all legal fees, that may arise or result from any service provided or performed or agreed to be performed by a Customer, its clients, agents, employees or representatives. (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tollon's services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective Product sold via Tollon's services.
These terms and conditions are subject to English Law.
Tollon reserves the right to revise these terms at any time without due notice.
Last revised 30th September 2002