These terms and conditions of business govern the services we provide you. They are very important so we recommend that you read them carefully. They explain what you can expect from us and what we expect from you. We hope they are largely self-explanatory. However, if there is anything in the terms and conditions that you do not understand, please contact us.

1. Definitions

In our Terms and Conditions, we use words that have specialised meanings. Some of the most common of those words and their meanings are detailed in our Glossary of Terms, which is available from the Terms and Conditions area of our Web site at www.synergy-uk.com. 'We' or 'us' refers to Synergy-uk. 'Synergy-uk Service' refers to the service (s), which you have chosen to select or purchase at the time of sign-up, which can be found at www.synergy-uk.com. The term of the contract with Synergy-uk is selected by you on your Sign-up process order, as witnessed in the electronic registration procedure which takes you through all related policies determining the acceptable use of the service(s). 'Fees' refers to those charges we make for initial connection to the Service and for continued access. The fees are determined by the Service which you have decided to select, upgrade, downgrade or purchase.

2. Terms and conditions

By issuing a purchase order, you have been deemed to have accepted and will abide to all related policies, terms and conditions. You will also need to review the Terms and Conditions area of our Web site at www.synergy-uk.com regularly for any amended versions. When we have processed your order, and received any fees that are due from you, we will provide you with the relevant service. The right to use the Service is personal to you and you must advise us if you suspect that someone is using your account or has knowledge about your personal details. Our Data Protection Policy is available to you from the Terms and Conditions area of our Web site at www.synergy-uk.com

3. Supply

In order for us to be able to provide the Service that you have selected, you must have the right computer equipment. This includes owning a modem, telephone line and computer. You are also required to have suitable access to the Internet, such as is made available by an appropriate Internet Service Provider. If your equipment is not compatible then Synergy-uk will not be responsible for any or non-service. The fees that we charge for the Service do not include providing you with any equipment or telephone lines. It is your responsibility therefore to ensure you have the necessary means to access the Service, and that it is the right Service for you. We have no obligation to advise you of new services or upgrades. The cost of the connection via your telephone to the Internet in order to access our network, will be charged to you by your telephone company, and must be paid by you. Please remember that in general you are charged by a telephone company for the actual length of time connected on the Internet to the Service. It is your responsibility to ensure that calls are charged at any special rate you have agreed with your telephone company. Synergy-uk will not be held responsible for any such cost howsoever occasioned.

4. Improper Use

Our network and/or service may only be used for lawful purposes. The Service has a finite capacity and we reserve the right to terminate any use of the Service, which we consider profligate, or to the detriment of our other users. The law relating to Internet use is under continuous development. It is up to you to check whether you might be infringing any law or regulation, and if in doubt you should take legal advice. You agree that you will not use the service for transmission of any material as defined in this section.

For this purpose, it will be irrelevant whether you knew of the content of the material transmitted. Alternatively, we may suspend the service without notice, if in our reasonable opinion you are in breach of this clause. Please remember that material unlikely to cause offence in the United Kingdom may cause offence in other countries, and the Service does give you access to computer networks worldwide. With respect to the service, we reserve the right to suspend its use after abuse or continuous non-adherence to Synergy-uk's policies of Internet use, which can be viewed at the Terms and Conditions area of our Web site at www.synergy-uk.com

You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, menacing or promotion of inequality. Any objectionable material of any kind, which could cause distress or is perceived to distress any user who is subscribed to Synergy-uk. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, defamation, copyright, trademark, software licence's and any rules that are applied to you as a user when visiting a third party website for which you are solely responsible and agree to indemnify Synergy-uk from any claims that may arise due to your incompetence whether intentional or not. Synergy-uk reserves the right to access and disclose any information data, graphics, video, sound, files and other content created by, provided by, or accessed by you in order to comply with applicable laws and lawful government requests, to operate its business properly, and to protect itself and its users. This may also include disclosing users licensees' names, which have been nominated by you. Full details of our Privacy Policy are available from the Terms and Conditions area of our Web site at www.synergy-uk.com. Synergy-uk reserves the right in its sole discretion, but will not be obligated, to remove any Content from its system. Synergy-uk will fully cooperate with all applicable law enforcement authorities in investigating suspected lawbreakers, and reserve the right to report to such authorities any suspect activity of which it becomes aware.

We reserve the right to suspend any account suspected of such infringement whether direct or indirectly caused, pending investigation. If the investigation subsequently shows the account to be in breach of the Acceptable User Policies and/or Terms and Conditions of Service, we reserve the right to deactivate said account and recover costs that may have been incurred as a result of the breach.

Server Upload Restriction - this is described as the sum total of data that may be uploaded to our Web servers. You should note that some services are subject to different Server Upload Restrictions and these are laid out in the Acceptable Use Policies for each service. Use of each service signifies that you accept these Acceptable Use Policies and we reserve the right to suspend your access to our services if we find you in breach of it. These bandwidth usage restrictions are made so that our services are not detrimentally affected by excessive use. The details of what restrictions are imposed upon each of our account types are publicly displayed at our Portal website in the appropriate product specification areas. Our bandwidth quota restrictions are under continual review and we reserve the right to change them, as we deem necessary.

5. Use of proprietary software

Subject to the policies, terms and conditions, Synergy-uk grants you an individual, personal, non-sub licensable, non-exclusive and non-transferable license (the "License") to use its own in-house developed proprietary software, in object code form only, and only in accordance with the applicable end user documentation. You will not, directly or indirectly, knowingly or unknowingly reverse engineer, decompose, disassemble or otherwise attempt to unravel in order to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy, rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or third party purposes or otherwise for the benefit of any inter-connecting parties; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that Synergy-uk and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of your Service for any reason, this License will terminate and you will destroy and cease to use the software. THE SOFTWARE IS PROVIDED "AS IS" and is unique to you as a user holding the granted license. Where you continue to use the software then you will be faced with the appropriate legal action as well as costs relating to using the service or part thereof, having declared that you would not.

6. Passwords and security

We will provide you with a user identification, password and login. These must be kept secret. You must notify us immediately if you think that anyone else knows your User Identification, password and/or login. In the event of any suspected security breach, we reserve the right to change your password. If that happens, we will notify you of this as soon as we operationally can, normally by an automated email. Please remember that, when using the Service and sending data to other people, your communication link may not be secure. It could be unsafe to submit your credit card or debit card details, or other personal information, over the Internet. Unless you have agreed to buy a Service that allows more than one person to access it, only one connection may be made at any time using your Username Identification, password and login. You can share the Service with nominated users that you select, which will determine the license that you will hold when connecting to the Internet. You agree that all nominated users will view, agree, accept and abide to all related terms, policies and conditions as outlined by Synergy-uk which can be found at the Terms and Conditions area of our Web site at www.synergy-uk.com.


7. Acceptable Use Policy

All users are required to read, and agree to abide by, the "Acceptable User Policies" of Synergy-uk. These policies can be viewed at the Terms and Conditions area of our Web site at www.synergy-uk.com. We reserve the right to alter the Acceptable User Policies without prior notification and you agree to regularly review the Acceptable User Policies in order to maintain the standards as set by Synergy-uk.

8. Maintenance/Support

We will provide ongoing maintenance in respect of the Service supplied to you. Because of this purpose, there will be some occasions when you will not be able to access the Service. You will have to decide accordingly which service is best for you and we will not be held responsible for any loss of business or any detriment to you as a user because of no access to the service. We shall not be liable for any consequential losses you may suffer. You will not be eligible for any compensation in the event of not being able to use the service. This also applies is the service is curtailed because of a failure, suspension or withdrawal of all or part of the service. We may change the service at any time.

9. Fees

You have fully consented and made a promise to pay the appropriate fees for the service that you have selected and understand the importance of this being paid on time. All fees must be paid in advance of the period of use. You will select the payment intervals, and the amount payable by you, selected by you on during the process online. We reserve the right to vary the annual subscription fee payable in respect of the service from time to time, and we will post details of any variations on our portal that can be found at www.desap.com. Any such changes will not be effected until your next payment date and this will have been posted to our Portal Web site. The subscription fee will remain fixed for the first term you sign up for and may be subject to termination clauses should you decide to leave us, as outlined in section 10 called Termination. Your account may be suspended or closed if any sum due for a product or Service is unpaid or in arrears. You understand and agree that if you fail to make payments of fees when they are due, we will charge interest on late payments, at the NatWest rate plus two per cent for each day payment is delayed. If any payment of fees remains overdue for more than seven days, we may terminate or suspend your access to the Service and pursue the outstanding monies through our legal department. If you wish to resume access to the Service after you have been disconnected for late payment, we will charge you a reconnection fee that will be equal to three months subscription fees.

10. Termination

If you abuse the Service provided, or fail to pay fees when they are due, we may terminate your access and will accept no further liability. Our policies on improper use are explained above. In the event that you decide to terminate your account you must inform us in writing. No refunds or part refunds will be given for any payments taken. We reserve the right to withhold any facility associated with the Service, account, notwithstanding termination, until fees are met in full. We also reserve the right to terminate your right to use the Services at any time, without giving any reason. If this contract is terminated (howsoever occasioned) before the expiry of the initial term, which is 12 months, the company will not charge the customer additional fees. The company reserves the right not to supply goods or services until it is in receipt of cleared funds.

11. Liability

You agree and accept that we are unable to exercise control over the content of the information passing over our connection or our network or the Service. Synergy-uk cannot be responsible for the transmission or reception of such information. We are not in a position to monitor how you use the Service, and so you agree to indemnify us against any claim that is brought against us, or any costs liability that we incur as a result of your use of the Service. We accept no responsibility for any action brought against you arising from Service misuse. While we endeavour to provide a continuous Service, we will not be liable for any losses. These include failure to supply the Service, any loss of data resulting from using the Service, or any delay or interruption in the supply of the Service. In particular, we cannot be liable for the quality or accuracy of information received through the Service. It is your responsibility to carry out computer virus precautions. We will not be responsible for loss arising out of computer viruses, whether they are introduced through our software or otherwise. From time to time, Internet addresses or sites are disconnected or cannot be found. We are not responsible for maintaining sites other than our own. You are in a better position than we are to evaluate any potential loss you may suffer by using this Service, and to insure if appropriate. Accordingly, our liability to you, whether for breach of contract, negligence or otherwise, is limited to a maximum amount of the fees you have paid for the Service. We will not be liable for any losses you may suffer as a result of loss of business, contracts, profits, savings or otherwise. And any claims for compensation will be for no more than your subscription fee.

12. Software

Any Software, which is downloaded from us, and provided for you, comes free of charge. You are, however, responsible for registering Software that requires such registration, and paying any regulated charges thereafter.

13. Data Protection

We reserve the right to put names, and other information from the order or electronic registration form, into a computerised directory for internal purposes only. Our Data Protection Policy is available to view from the Terms and Conditions area of our Web site at www.synergy-uk.com.

14. Notices

Please note that any notice you give to us will only be considered effective from the day on which we acknowledge it.

15. Disputes

We hope that we have anticipated any difficulties or questions that you may have. However if at any time you have a grievance please speak to us as soon as possible. We cannot deal with a problem if we do not know about it.

16. Governing Law

These terms and conditions abide by English Law, and we both agree to submit to the exclusive jurisdiction of the English courts. We both accept that a Court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair, pursuant to some statutory provision. In such cases, a Court can enforce the terms and conditions as if the offending clause or clauses had never been contained in them.

17. Amendment to service without notification

You fully agree and accept that Synergy-uk reserve the right to alter the subscription fee that you are currently paying, or to introduce a subscription fee if you are not currently paying one.

18. General Prices

These are exclusive of VAT unless otherwise indicated. Prices and specifications are subject to change without prior notice. All offers are subject to Synergy-uk terms and conditions.

19. Synergy-uk Accounts

Your account will be classed as a Business account and therefore prohibits the use for any other reason than Business. Improper use of the account(s) will be monitored and action taking dependent on the abuse. By using the account, you are agreeing to abide to this restriction and understand that we will monitor your use of the account. Where a breach occurs your account will be suspended and will be liable to termination, and legal action where appropriate.

20. Gifts

From time to time promotional free gifts may be offered. If acceptance of a free gift contravenes your business policies or practices please let us know and Synergy-uk will not provide the free item.

21. Orders

Orders are subject to acceptance by Synergy-uk.

21. Responsibility

You are responsible for deciding on the suitability of goods and services offered for any particular purpose and for the consequences arising from any work we undertake on the goods & services at your request.

22. Loss of Data/Software

It is your responsibility to backup your data and software correctly in accordance with good business practice and to make a backup copy before any goods are returned for repair or replacement. Synergy-uk accepts no responsibility for the loss or corruption of data or software.