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Internet Access Terms & Conditions
The Customer's use of the Service (as defined below) and/or acceptance of these
Terms and Conditions ("Conditions") constitute the Customer's agreement to be
bound by these Conditions. These Conditions must be read in conjunction with
those of The ISP which may be subject to change from time to time. It is the
Customer's responsibility to ensure that they comply with the latest edition of
the Acceptable Usage Policy (AUP) in force at any given time.
These Conditions, together with those of The ISP AUP, explain the
responsibilities of The ISP to the Customer and the Customer's responsibilities
to The ISP and to other users of the Service ("Users"). The AUP in particular
outlines what The ISP considers to be unacceptable use of the Internet by our
customers so that The ISP can take appropriate steps against abusers of the
Internet. The AUP and the Application Form are an integral part of these
Conditions and, unless otherwise expressly stated, all references to Conditions
include reference to the AUP and to the Application Form. If you are a Consumer,
you must be 18 years or older to register for the Service.
Terms and conditions for The ISP ADSL Services:
1. Definitions
Please note some terms used in these Conditions have a certain meaning: "Access
Line" means the telecommunications circuit that the Customer uses to obtain
telecommunications services over the public switched telephone network at the
Premises as notified by the Customer to The ISP; "Act" means the
Telecommunications Act 1984; "Agreement" means these Conditions together with
the applicable Application Form and AUP; "Application Form" means the form that
the Customer signs to apply for the Service; "Carrier" means any supplier of
telecommunications services to The ISP for the Service; "Commencement Date"
means the date when the Customer first receives the live Service. "Confidential
Information" means any information of a confidential nature obtained under or in
connection with this Agreement including, but not limited to, any information
regarding the existence of errors or viruses found in the Service and all other
information which The ISP characterises as confidential at the time of its
disclosure either in writing or orally. Confidential Information does not
include information which the Customer can demonstrate: (a) is previously
rightfully known to the Customer without restriction at the time of disclosure;
(b) is or becomes, from no act or omission on the Customers part, generally
known in the relevant industry or public domain; (c) is disclosed to the
Customer by a third party as a matter of right and without restriction at the
time of disclosure; or (d) is independently developed by the Customer without
access to the Confidential Information. "Customer" means the person who orders
the Service and person shall be taken to include bodies corporate or
unincorporate. The ISP may accept instructions from another person who The ISP
reasonably believes is acting with the Customer's authority or knowledge.
"Customer Apparatus" means apparatus belonging to the Customer not forming part
of the Equipment but which may be connected to the Equipment; "Equipment" means
any apparatus or equipment provided by The ISP or any third party to the
Customer at the Premises to enable provision of the Service; "Minimum Period of
Service" (a) For customers ordering The ISP - The minimum period of service is
thirty (30) days. If termination occurs within the first twelve (12) months from
the commencement date, a termination fee of £50.00 + VAT will be payable. (b)
For customers ordering The ISP ADSL Standard services - The minimum period of
service will be three (3) months from the commencement date. (c) For customers
ordering The ISP ADSL Managed services - The minimum period of service will be
twelve (12) months from the commencement date. (d) Cooling Off Period - If you
are a consumer (that is to say, you are not purchasing the Service(s) wholly or
in part for your business or you are not a business or using a business service
provided by us), you have the right, in addition to your other rights, to cancel
the contract and receive a refund, subject to any third party costs incurred
during the provisioning of your order. You must inform us in writing via the
cancellation procedure within the "Contact Us" section of the website within
seven working days of entering into the contract if you wish to exercise this
right." The cooling off period shall not apply in the event the service is
activated within 7 working days of customer order and full termination charges
shall be levied. "Physical Characteristics" (a) For customers wishing The ISP to
manage the connection only - Means an existing standard British
Telecommunications analogue telephone line which does not have any incompatible
services enabled upon it, as detailed in the Service description. (b) For
customers wishing The ISP to manage the connection, installation and equipment:
· For Home customers - An existing standard British Telecommunications analogue
telephone line which does not have any incompatible services enabled upon it, as
detailed in the Service description. · For Business customers - means one (1)
wall mounted power socket within two (2) metres of the master phone socket and
an existing standard British Telecommunications analogue telephone line which
does not have any incompatible services enabled upon it, as detailed in the
Service description; "The ISP System" means the telecommunication system which
The ISP runs and, for the purpose of this Agreement, any apparatus leased by, or
otherwise obtained by, The ISP from a third party. "Premises" means the
Customer's premises where the Service is to be received. "Service" means the
installation, connection and supply of a telecommunications circuit capable of
supporting ADSL services at the Premises and the provision of telecommunication
services over such circuit as detailed in our website. "Standard Tests" means
the tests carried out by The ISP or any third party to determine whether the
Service is ready; "Term" is defined in clause 3.
2. Provision of The Service
2.1 The Service is described on the web site of The ISP.
2.2 The provisions of the Application Form are binding on The ISP, once The ISP
confirms to the Customer in writing acceptance of the Customer's order. The
Customer agrees to receive the Service and pay the fees for the Service as
specified in this Agreement.
2.3 The ISP will provide the Service to the Customer in accordance with the
Conditions of this Agreement and with reasonable skill and care. It is
technically impracticable to provide the Service or the telecommunications
services free of faults and The ISP does not undertake to do so.
2.4 The ISP will use its reasonable endeavours to provide a prompt and
continuing Service but will not be liable for any loss of data resulting from
delays, non-deliveries, missed deliveries, or service interruptions caused by
events beyond the control of The ISP, or by errors or omissions of the Customer.
2.5 The ISP exclude all and any warranties and conditions of any kind, whether
express or implied, in respect of the Service and any content or data obtained
or downloaded from it or the accuracy of information received through it.
2.6 To use the Service, the Customer needs to supply The ISP with certain
details on the Customer's Application Form. The ISP will respect the privacy of
this information and will comply with applicable data protection legislation in
respect of it.
2.7 The Customer must have an Access Line with the Physical Characteristics in
order to receive the Service. If the Customer changes from the Physical
Characteristics, The ISP cannot be held responsible if the Customer is no longer
able to receive the Service.
2.8 The Customer acknowledges that the Service will depend upon the
characteristics of the Customer's Access Line and that where the Carrier so
determines it may not be possible to supply the Service. In this event The ISP
shall have the right to terminate this Agreement without liability to the
Customer.
2.9 From time to time certain Points of Presence (PoPs), servers, or the whole
or part of the Network may be closed down for routine repair or maintenance
work. The ISP or its authorised representative shall give as much notice as in
the circumstances is reasonable and The ISP shall endeavour to carry out such
works during the scheduled maintenance periods as published from time to time.
2.10 The ISP may occasionally have to interrupt the Service or change the
technical specification of the Service for operational reasons or because of an
emergency. The ISP will give the Customer as much notice as possible of any
planned interruption of the Customer's Service. In these circumstances The
Customer shall have no claim against The ISP for any such interruption.
2.11 The ISP will correct reported faults as soon as possible. Should the
Customer encounter a fault with the Service the Customer should report the fault
to the The ISP ADSL helpdesk. Technical Support contact information including
availability times is available on the web site of The ISP.
2.12 The ISP may include links from time to time from the Service to other
Internet sites. The ISP have no control over the content of such sites and
disclaims any liability in respect of the Customer's use of such sites. The
Customer may wish to use one of the available filtering software products to
help prevent access to certain web content.
2.13 The Customer acknowledges that the Service shall be provided by The ISP at
the Premises and that under these Conditions the Customer cannot require The ISP
to transfer the Service or Equipment to another location. In the event the
Customer requests the Equipment to be moved to another location within the
Premises, The ISP reserve the right to accept or reject such request and the
decision of The ISP shall be final. Any expense incurred in such move of the
Equipment within the Premises shall be incurred by the Customer.
2.14 Except as otherwise expressly permitted in these Conditions, and in
addition to other restrictions herein, the Customer may not:
2.14.1 redistribute, encumber, sell rent, lease, sub-license, copy or use the
Service or otherwise transfer rights to the use of the Service to any third
party, whether in whole or in part;
2.14.2 disclose Service features, errors or viruses to any third party without
the prior written consent of The ISP;
2.14.3 use the Service except in conjunction with The ISP recommended operating
environment, notified by The ISP; or
2.14.4 modify the Service without The ISP prior written consent.
2.15 The ISP reserves the right to remove e-mail from The ISP servers that is
left for a period of more than four months.
2.16 The ISP reserves the right to change the Customer's password at any time at
its sole discretion.
3. Term
3.1 This Agreement will commence on the Commencement Date and shall continue for
a term equivalent to the subscription period paid by the Customer until the
expiry of that subscription period or the Agreement is terminated in accordance
with the terms hereof ("the Term") subject to the provisions of paragraph 13.1
3.2 The Minimum Period of Service does not prevent The ISP from suspending or
terminating the Service under paragraphs 12 and 13 of this Agreement.
4. Fees
4.1 The ISP shall provide the Customer with the Service for the fees as set out
on the Application Form. These fees are payable in advance from the start of the
Minimum Period of Service. Payment will be due on the date specified on the
invoice. The ISP accept major credit cards, cheques or direct debit payments.
Save where the Service is terminated by The ISP without cause, the Customer
shall not be entitled to a refund of subscriptions paid.
4.2 Subject to our discretion we will invoice you with credit terms of 30 days
net, on an Annual basis only. The ISP may charge interest on all outstanding
amounts on a daily basis at the rate of 3% per annum above the base lending rate
of Barclays Bank plc in force from time to time, from the date of the invoice
until the date of actual payment or judgement has been enforced. Additionally,
The ISP reserves the right to terminate the provision of service to the Customer
immediately if the Customer is in default of payment. Such termination is
without prejudice to the rights of either party accrued prior to the date of
termination.
4.3 The installation fee as specified on the Application Form is payable in
advance by either cheque or credit card
4.4 All fees are subject to change from time to time in the event that the
Carrier increases its fees to The ISP. The ISP will contact you in the event of
any such increases.
4.5 In addition to the fee set out on the Application Form, The ISP shall be
entitled to charge the Customer for the reasons given.(a) Internal Relocation -
If a customer wants to relocate the main phone socket from one room/floor to
another within the same building.(b) Abortive Visit Charge - Abortive visits
include attendance to incorrect address provided by the customer, site does not
meet requirements specified by BT or End User is not available.(c)
Administration Charges - Where The Customer provide illegible, materially
incomplete or incorrect order details.(d) Reworking Charge - If the Customer
consents to a Carrier engineer making good any existing non-Carrier installed
wiring to make it fit for installation of the Service.(e) Order Cancellation -
If the customer requests the cancellation of the The ISP ADSL service five (5)
or less days prior to the arranged installation date. For the latest pricing
information on the above please contact the The ISP's sales department.
5. Access
5.1 The Customer hereby irrevocably gives permission to The ISP and its
employees, agents or contractors to:
5.1.1 execute any works on the Premises for, or in connection with, the
installation, maintenance, adjustment repair, alteration, moving, replacement,
renewal or removal of the Equipment;
5.1.2 keep and operate the Equipment installed on, under or over the Premises;
5.1.3 enter the Premises to inspect any telecommunication apparatus kept on,
under or over the Premises or elsewhere for the purposes of the The ISP System.
The permission set out above shall continue in force after cancellation or
termination of this Agreement until such time as The ISP have removed all
Equipment from the Premises.
5.2 The Customer must allow The ISP or any Carrier to have access to the
Premises at all reasonable hours for the purpose of testing or maintaining any
of the Equipment and/or the Service and provide a safe and suitable environment
for such access visits.
6. Installation
6.1 When The ISP manages the connection only: 6.1.1 The ISP will only arrange
for the ADSL service to be provided on the customer's telephone line. It is the
customer's responsibility to connect the necessary micro-filter and ADSL
equipment.
6.2 When The ISP manage the connection, installation and equipment:
6.2.1 The ISP shall attempt to provide and install or procure the provision and
installation of the Equipment at the Premises so that the Service can be
provided on or before any installation date specified or agreed to by The ISP.
Any installation date given is an estimate only and shall not be liable for any
failure to meet such installation date.
6.2.2 The ISP shall supply the Customer with the relevant information to enable
the Customer to suitably prepare the Premises for delivery and installation of
the Equipment. The Customer shall at the Customer's expense provide suitable
accommodation, facilities and environmental conditions for the Equipment and all
necessary electrical and other installations and fittings.
6.2.3 The ISP shall use its reasonable endeavours to comply with the Customer's
reasonable requests in respect of installation but The ISP or its contractors'
or agents' decision on the routing of cables and wires and the positioning of
outlets and other apparatus constituting the Equipment or part thereof shall be
final and binding.
6.2.4 A secure electricity supply is required at the Premises for the
installation, operation and maintenance of the Equipment at such points and with
such connections as specified by The ISP. Unless otherwise agreed, this power
supply is to be provided by the Customer. The ISP shall not be responsible for
interruption or failure of the Services caused by a failure of such power
supply.
6.2.5 The Customer acknowledge that during the installation of the Equipment for
the provision of the Service the Customer's Access Line may suffer a temporary
loss of service which shall be reinstated following installation and/or
interference to any other Customer Apparatus or services used in connection with
the Access Line (e.g. Access Line security systems) without any liability to The
ISP.
7. The ISP Equipment
This section applies to customers requiring The ISP to
manage the connection, installation and equipment. Customers wishing The ISP to
manage the connection only can ignore this section as they must procure, install
and manage their own equipment.
7.1 The Customer agrees not to do or allow anything to be done to the Premises
that may cause damage to, or interfere with, the Equipment or prevent easy
access to it.
7.2 The Customer shall procure at the Customer's own expense all permissions,
licences, registrations and approvals necessary for The ISP to deliver, install
and maintain the Equipment for the provision of the Services.
7.3 Following the installation of the Equipment Standard Tests shall be carried
out by The ISP to ensure that the Service is ready for use. If the Service is
not ready for use, The ISP shall either repair or replace, at its sole option,
the Equipment or any part thereof and repeat the Standard Tests. The Customer
shall be entitled to use the Services following The ISP informing the Customer
of successful completion of the Standard Tests.
7.4 The Equipment shall remain the property of The ISP or the supplier of such
equipment (including any Carrier) and the Customer shall at all times make clear
to third parties that the same is the property of The ISP or a third party
supplier of such equipment. The ISP may modify, substitute, renew or add to the
Equipment from time to time at its absolute discretion.
7.5 The Customer shall be responsible for ensuring at all times the safekeeping
and proper use of the Equipment after delivery and installation at the Premises.
The Customer shall be liable to The ISP for any loss or damage to the Equipment
(except where it can be shown that such loss or damage was caused by our
negligence or due to fair wear and tear). The Customer will notify The ISP
immediately of any such loss or damage in particular (without prejudice to the
generality of the foregoing) the Customer undertakes:
7.5.1 to keep the Equipment at the Premises and not to move it;
7.5.2 to comply with all instructions as The ISP may notify to the Customer
and/or with the manufacturer's instructions and not to use the Equipment except
in accordance with such written instructions and in accordance with the law and
any applicable licence granted there under;
7.5.3 not to cause the Equipment to be repaired or otherwise maintained except
by an authorised representative of The ISP;
7.5.4 not to cause any attachments other than those approved for connection
under the Act to be fitted to the Equipment except in accordance with such
written authorisation as may be notified by The ISP to the Customer from time to
time;
7.5.5 not to do anything nor to allow to subsist any circumstances likely to
damage the Equipment or detract from or impair its performance or operation and
not to add, modify, or in any way interfere with or impair the performance of
the Equipment; and
7.5.6 not to attempt to sell, transfer, dispose of, let, mortgage, charge,
modify, extend, repair, service, tamper with, remove or interfere with the
Equipment or suffer any distress, seizure or execution to be levied against or
of the Equipment or otherwise do anything prejudicial to The ISP or the owner of
such Equipment's rights in the Equipment; and
7.5.7 not to remove, tamper with or obliterate any identification mark(s)
affixed to the Equipment or to any part thereof showing that it is the property
of The ISP or other third party supplier of such equipment.
7.5.8 to permit The ISP and its employees, agents or contractors to inspect or
test the Equipment at all reasonable times;
7.6 The Customer shall be liable for any loss or damage howsoever caused
(including but not limited to lightning or electrical damage) to any part of the
Equipment or any of its own property within the Premises (except in so far as it
can be shown that such loss or damage is attributable to the negligent act or
omission of The ISP). The Customer will notify The ISP immediately of any such
loss or damage.
7.6.1 The Customer undertake to indemnify The ISP against any and all such loss
or damage referred to in this clause 7.6.
7.6.2 Wilful destruction or abuse of the Equipment may result in additional
charges being payable by the Customer to The ISP.
8. Customer Apparatus
8.1 The Customer shall be responsible for the repair and maintenance of any
Customer Apparatus used in order to obtain or use the Service.
8.2 The Customer shall ensure that such Customer Apparatus complies with any
applicable law. The Customer shall immediately disconnect any such apparatus if
such apparatus does not, or ceases to, conform to applicable standards (if any)
for the time being in force. The ISP reserves the right to disconnect any
apparatus used by the Customer if the Customer does not fulfil their obligations
under this Clause or if, in the opinion of The ISP, such apparatus may cause the
death of or personal injury to any person, or damage to property, or materially
impair the quality of any telecommunication service provided by means of The ISP
, and the Customer agrees to disconnect such apparatus at the request of The
ISP.
9. The Customer's Use of The Service
9.1 The Customer must NOT use the Service:
9.1.1 in a way that does not comply with the Conditions or any legislation or
that is in any way unlawful or fraudulent; or
9.1.2 in connection with the carrying out of a fraud or criminal offence against
any telecommunications operator; or
9.1.3 to send, encourage the receipt of, upload, download, use or re-use any
material which is abusive, indecent, defamatory, obscene or menacing, or in
breach of copyright, confidence, privacy or any other rights or which may
contain viruses or other similar programs, or which cause overloads to the The
ISP System; or
9.1.4 to send or procure the sending of unsolicited advertising or promotional
material; or
9.1.5 in a way that does not comply with any instructions given by The ISP for
reasons of health, safety or the quality of the Carrier's telecommunications
services or the The ISP System; or
9.1.6 attempt to use the Service in a way that modifies, decompiles, translates,
reverse engineers, reconfigures, disassembles or otherwise alter or attempt to
modify or reconfigure the Service or any Equipment or software or copy any
manual or documentation relating to the Service except to the extent applicable
law specifically prohibits such restrictions;.
9.1.7 distribute copies of the licensed programs or their documentation to
others;
9.1.8 rent, lease or grant its rights to the licensed programs;
9.1.9 ship or transmit (directly or indirectly) any copies of the licensed
programs or any technical data in the licensed programs or its media or any
direct product thereof to any entity or country destination
9.2 The Customer will co-operate with The ISP reasonable requests for
information regarding the Customer's use of the Service and supply such
information without delay.
9.3 Where the Customer uses the Service to reach networks and services not
operated by The ISP, the Customer will abide by the acceptable use policies or
terms and conditions imposed by the operators of those networks and services.
9.4 The Customer warrants that:
9.4.1 it, as the registered user of the account, will keep the username and
password secure and not let them become public knowledge and that the password
will not be stored anywhere on a computer in plain text.
9.4.2 if the password becomes known to any other unauthorised user it will
inform The ISP or its authorised representative immediately;
9.4.3 any breach of these obligations shall entitle The ISP to immediately
terminate the Service to the Customer without notice.
9.5 Use by others: The Customer acknowledges that The ISP is unable to exercise
control over the content of information passing over the The ISP network or via
the Service, and The ISP hereby excludes all liability of any kind for the
transmission or reception of infringing information of whatever nature.
10. Domain Names & Internet Protocol Addresses
10.1 The Customer confirms and warrants that it is the owner of, or that the
Customer has been and is duly authorised by the owner to use, any trade mark or
name requested or allocated as its domain name.
10.2 The Customer acknowledges that The ISP cannot guarantee that any domain
name the Customer requests will be available or approved for use.
10.3 The ISP has the right to require the Customer to select a replacement
domain name and may suspend the relevant service associated with the domain name
if, in the opinion of The ISP, there are reasonable grounds for The ISP to
believe Customer's current choice of domain name is, or is likely to be, in
breach of the provisions of this Agreement and law.
10.4 If the Service includes the registration of an Internet domain name the
Customer acknowledges and agrees that:
10.4.1 The ISP does not represent, warrant or guarantee that any domain name
applied for by the Customer or on its behalf will be registered in its requested
name or is capable of being registered by it or that the use of such domain name
by it will not infringe any third party rights. Accordingly, the Customer should
take no action in respect of its requested domain name(s) until it has been
notified that its requested domain name has been duly registered and The ISP
will not be liable for any such action taken by the Customer.
10.4.2 The registration of the domain name and its ongoing use by the Customer
is subject to the relevant naming authority's terms and conditions of use and
the Customer undertakes to The ISP that it will comply with such terms and
conditions. The Customer hereby irrevocably waives any claims it may have
against The ISP in respect of any decision of a naming authority to refuse to
register a domain name and, without limitation, the Customer acknowledges and
agrees that any administration or other charge paid by the Customer in respect
of the registration of the domain name is non-refundable in any event.
10.4.3 The ISP accepts no responsibility in respect of the use of a domain name
by the Customer and any dispute between the Customer and any other individual or
organisation regarding a domain name must be resolved between the parties
concerned and The ISP will take no part in any such dispute. The ISP reserves
the right on becoming aware of such a dispute concerning a domain name at its
sole discretion and without giving any reason, to either suspend or cancel the
relevant service associated with the domain name and/or to make such
representations to the relevant naming authority as it deems appropriate.
10.5 Any Internet Protocol address allocated by The ISP to the Customer shall at
all times remain the sole property of The ISP and the Customer will have a
non-transferable licence to use such address for the duration of this Agreement.
If this Agreement is terminated for whatever reason, the Customer's licence to
use the Internet Protocol address shall automatically terminate and thereafter
it will not use such address.
11. Software Agreement
11.1 The ISP and its suppliers own the licensed programs and the documentation
provided with this Agreement, both of which are protected by copyright laws. The
Customer's right to use the licensed programs and documentation is limited to
the terms and conditions described below:
11.2 The Customer may:
11.2.1 use the enclosed licensed programs on the number of users specified in
the Service to which the Customer subscribes;
11.2.2 physically transfer the licensed programs from one computer to another
provided that the licensed programs are used on no more that the number of users
specified and that the Customer removes any copies of the licensed programs from
the computer from which the licensed programs are being transferred;
11.2.3 make copies of the licensed programs solely for the purposes of backup.
The copyright notice must be reproduced and included on a label on any backup
copy.
12. Breach of Conditions
12.1 The ISP shall investigate any suspected or alleged breach of these
Conditions or any suspected compromise to it's network systems or security and
in doing so The ISP will act reasonably and fairly at all times.
12.2 The ISP reserve the right to take any action The ISP deem appropriate and
proportionate to the breach of the Conditions.
12.3 If The ISP decide that the Customer has breached the Conditions, The ISP
will use reasonable endeavours to ensure that the Customer is made aware of the
breach without suspension or termination of the Service. However it may be
necessary, due to the severity of the breach, to suspend or end the Service
whilst details of the breach are investigated further. The ISP reserve the right
to suspend or end the Customers Account at it's sole discretion without refund,
and make an additional charge for all reasonable costs incurred due to
investigating and dealing with the misuse and/or blocking access to any
component(s) of the Service.
12.4 The Customer must notify The ISP immediately in writing of any allegation
of infringement of any intellectual property rights prompted by its use of the
Service. The Customer may not make an admission relating to an alleged
infringement. The Customer must allow The ISP, or at The ISP's election, the
Carrier to conduct all negotiations and proceedings and give The ISP or the
Carrier all reasonable assistance in doing so. The Customer must allow any part
of the Service to be modified so as to avoid continuation of the alleged
infringement.
13. Term and Termination
13.1 The Customer may end this Agreement after the Minimum Period of Service by
giving The ISP not less than thirty (30) days written notice expiring no earlier
than the end of the Minimum Period of Service. If a Customer wishes to end this
Agreement before the end of the Minimum Period of Service, The ISP shall be
entitled to charge the Customer fees which would have been payable by the
Customer for the balance of the Minimum Period of Service.
13.2 In addition, if a Customer using The ISP ADSL wishes to end this Agreement
before twelve (12) months have elapsed since the Commencement Date, The ISP
shall be entitled to charge a termination fee.
13.3 The Customer may do so by writing to The ISP indicating the Customer's
intention to cancel and either(a) send it to The ISP.
13.4 The ISP may end this Agreement immediately upon written notice to the
Customer if:
13.4.1 it becomes unlawful for (i) The ISP or the Carrier supporting the Service
to continue to provide the Service; or (ii) The ISP or the Carrier supporting
the Service is required to cease the Service by a competent regulatory
authority; or
13.4.2 the Carrier supporting the Service ceases to do so for whatever reason or
materially changes the terms of its provision of telecommunications services to
The ISP for the Service beyond the reasonable control of The ISP; or
13.4.3 The Customer (or a third party acting on the Customer's behalf or
instruction) fail to comply with any of the material Conditions or conditions of
this Agreement including the Customer's obligation to pay and the Customer does
not remedy such failure within fifteen (15) days of a request to do so.
13.4.4 The Customer take (or cause or permit a third party to take) any action
in breach of The ISP rights to the Confidential Information.
13.5 The provisions of this Agreement regarding Confidential Information and
limitation of liability shall survive the termination of the Agreement.
13.6 Upon termination of this Agreement the Customer shall immediately stop
using the Service and the Customer's right to use Service shall immediately
terminate.
14. Disclaimer of Warranties
14.1 THE SERVICE WILL BE PROVIDED TO THE CUSTOMER "AS IS", WITHOUT WARRANTY OR
REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. The ISP DISCLAIMS AND
EXCLUDES ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION
ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS FREE OF DEFECTS AND VIRUSES,
OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD
PARTY RIGHTS. FURTHER, The ISP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT
MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE CUSTOMER
ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CUSTOMER'S USE OF THE
SERVICE.
15. Limitation on Liability
15.1 Nothing in this Agreement shall exclude or limit liability for(a) death or
personal injury resulting from the negligence of either party or their servants,
agents or employees or(b) fraud.
15.2 The ISP shall not be liable in contract, tort, pre-contract or other
representations (other than fraudulent or negligent misrepresentations) or
otherwise arising out of or in connection with this Agreement for:
15.2.1 any economic losses (including, without limitation, loss of revenues,
profits, contracts, business or anticipated savings); or
15.2.2 any loss of goodwill or reputation; or
15.2.3 any special, indirect or consequential losses or any destruction of data,
in any case, whether or not such losses were within the contemplation of the
parties at the date of this Agreement, suffered or incurred by that party
arising out or in connection with the provisions of, or any matter under this
Agreement.
15.3 Subject to paragraphs 15.1 and 15.2 The ISP liability to the Customer in
contract, tort, negligence, pre-contract or other representations arising out of
or in connection with this Agreement or the performance or observation of its
obligations under this Agreement shall be limited in aggregate to £250.
15.4 Each provision of this paragraph 15 excluding or limiting liability shall
be construed separately, applying and surviving even it for any reason any other
provision does not remain in force, notwithstanding the expiry or termination of
this Agreement.
15.5 The Customer is solely responsible for any liability arising out of any
content provided by the Customer and/or any material to which other users can
link to through such content. Any data included in the Equipment upon
installation by The ISP is for testing use only and The ISP hereby disclaim any
and all liability arising there from.
16. Indemnity
16.1 The Customer agrees to indemnify and hold The ISP harmless for all
liabilities, loss, claims and expenses that may arise from (a) any breach of
these Conditions by the Customer; and (b) any transmission or receipt of any
content or message which the Customer has requested or made using the Service.
17. Data Protection/Personal Details
17.1 The ISP may retain the Customer's personal data, and the Customer authorise
The ISP to use their personal data, for the following purposes:
17.1.1 provision of the Service to the Customer;
17.1.2 keeping of a record for a reasonable period after termination of the
Customer's Service;
17.1.3 operation and enforcement of these Conditions;
17.1.4 technical maintenance;
17.1.5 providing the Customer with information about other services The ISP
offer, subject to the Customer's right to opt out of receiving such information
on the Application Form;
17.1.6 transferring it to another company in the event of a sale of The ISP; and
17.1.7 legal compliance including disclosing it to any third party who The ISP
reasonably consider has a legitimate interest in any such investigation or its
outcome.
17.2 It is the Customer's responsibility to keep the personal data that the
Customer provide to The ISP up to date. The ISP may send notices or other
information to the Customer at the address the Customer give The ISP. The
Customer should notify The ISP immediately of any change to the Customer's
personal data by sending The ISP.
18. Confidentiality
18.1 The Customer must at all times, both during the term of the Agreement and
for a period of two (2) years after its termination, keep in confidence all
Confidential Information using at least the same standard of care the Customer
uses with their own confidential information, but in any event no less than
reasonable care. The Customer may not use or disclose any Confidential
Information other than for purposes and activities specifically permitted by the
Agreement. The Customer may only disclose Confidential Information to an
employee or contractor under binding obligations of confidentiality
substantially similar to those set forth in this Agreement on a "need to know"
basis. If the Customer is legally compelled to disclose any Confidential
Information, then, prior to such disclosure, the Customer must:
18.1.1 immediately notify The ISP to allow The ISP an opportunity to contest the
disclosure;
18.1.2 assert the privileged and confidential nature of the Confidential
Information; and
18.1.3 co-operate fully with The ISP in protecting against any such disclosure
and/or obtaining a protective order narrowing the scope of such disclosure
and/or use of the Confidential Information. In the event that such protection is
not obtained the Customer may disclose the Confidential Information only to the
extent necessary to comply with applicable legal requirements.
19. Notices
19.1 Any notice required or permitted under the Agreement must be in English and
in writing. The Customer must send any such notice to The ISP.
19.2 Any notice to be sent to the Customer will be sent to the address which the
Customer provided on the Application Form or such other address as the Customer
shall have given written notice of as the billing address.
20. Assignment
20.1 The ISP reserves the right to assign or sub-contract any or all of its
rights and obligations under this Agreement without the Customer's further
consent to such assignment or sub-contract.
20.2 The Customer may not sell, lease, sub-licence, assign or otherwise
transfer, whether in whole or in part, by operation of law or otherwise, the
Agreement or any rights or obligations therein without the prior express written
consent of The ISP.
21. Matters Beyond The Parties' Reasonable Control
21.1 If either party is unable to perform any of its obligations under this
Agreement because of a matter beyond that party's reasonable control including,
but not limited to, lightning, flood, exceptionally severe weather, fire,
explosion, war, civil disorder, industrial disputes, or acts of local or central
Government or other competent authorities or acts or omissions of third party
telecommunications service providers, that party shall have no liability to the
other for such failure to perform its obligations.
22. Proprietary Rights
22.1 All title, interests, and rights (including intellectual property rights)
in the Service remain in The ISP and/or its suppliers. The Customer acknowledge
such title, interest and rights and the Customer shall not take any action to
jeopardise, limit or interfere in any manner with The ISP (or any third party
supplier's) title, interests or rights with respect to the Service including,
but not limited to, using its trademarks or trade name.
22.2 Title and related rights in any content accessed through the Service are
the property of the applicable content owner and are protected by applicable
laws. The right to use granted to the Customer under this Agreement gives the
Customer no rights to such content. If the Customer wishes to use such content,
the Customer must ensure that he has the appropriate consent or licence of the
content owner.
23. Amendment of These Conditions
23.1 The ISP reserve the right to add to and/or amend the Conditions at any
time. Such changes shall be notified to the Customer by posting on the Legal
section of the The ISP's Web site. Changes in this manner shall be deemed to
have been accepted if the Customer continues to use the Service after a period
of two weeks from the date of posting on the Web site.
24. Miscellaneous
24.1 The Agreement will constitute the entire agreement between the parties
concerning the subject matter of these Conditions. It will supersede all prior
and contemporaneous agreements, communications and representations (except for
fraudulent or negligent misrepresentations) whether oral or written, between the
parties relating to the subject matter of these Conditions, and all past courses
of dealing or industry custom. The Agreement will prevail over any other
conflicting written instrument or other notice the Customer may submit to The
ISP.
24.2 Any amendment to the Agreement must be in writing and signed by an
authorised representative of each party.
24.3 The Agreement shall be governed by the laws of England and the parties
submit to the non-exclusive jurisdiction of the Courts of England.
24.4 In the event of a dispute between the parties, the parties will attempt in
good faith to resolve the dispute or claim arising out of or relating to the
Agreement promptly through negotiations between the respective representatives
of the parties who have authority to settle the same.
24.5 If any provision of the Agreement (whether in part or in whole) is held by
a court of competent jurisdiction to be illegal, invalid or unenforceable the
remaining provisions of the Agreement shall remain in full force and effect.
24.6 Any waiver of any breach of any provision of the Agreement will not
constitute a waiver of any prior, concurrent or subsequent breach of the same or
any other provisions of the Agreement. A waiver of a provision or breach of a
provision of the Agreement will only be effective if made in writing and signed
by an authorised representative of the waiving party.
24.7 The licence granted under the Agreement will not create a partnership,
joint venture, agency relationship or franchise relationship.
24.8 Notwithstanding any other provision in this Agreement, nothing in this
Agreement will create or confer any rights or other benefits whether pursuant to
the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any
person other than the Customer or The ISP.
24.9 The headings to the sections of these Conditions are for convenience only
and have no substantive meaning
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