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 accepts 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.
8.3 A return to base repair service if offered to customers who purchase
hardware through your designates ISP. Hardware, support and assistance
only, NOT full installations, is available through telephony services
provided by 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.
10.4.4 All e-mail services may only be used for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable
law or regulation is strictly prohibited. This included , without
limitation, material protected by copyright, trademark, trade secretor
other intellectual property right used without proper authorization,
and material that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Examples of non-acceptable content
or links " pirated software", "Hackers programs or
achieves", "Warez Sites",IR Bots",MP3"
10.4.5 Bloomley UK Ltd reserves the right, at its sole discretion
and without notice, to prevent a User from accessing the service at
anytime if a violation of these Terms and conditions is determined
or suspected.
10.4.6 User agrees to waive and hold Bloomley UK Ltd harmless from
any claims relating to any action taken by Bloomley UK Ltd as part
of an investigation into a suspected violation of the terms and conditions
or as a result of its conclusion that a violation of terms and conditions
has occurred. Therefore, User cannot sue or recover any damages whatsoever
from Bloomley UK Ltd as a result of the decision to remove material
from its server, or to suspend or terminate a User's account.
10.4.7 The User agrees to defend, hold harmless, and expeditiously
indemnify Bloomley UK Ltd from any and all liability, claim, loss,
damage or expense arising out of User's breach or violation of any
covenant contained in these Terms and Conditions, or resulting from
the User's use of the service.
10.4.8 Due to the public nature of the internet, all information should
be considered generally accessible to the public and important or
private information should be treated carefully. Bloomley UK Ltd is
not liable for protection or privacy of electronic mail or other information
transferred through the Internet or any other network Bloomley UK
Ltd or its Users may utilize
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. For details
of the current termination fee please contact the The ISP Sales department
on 0870 922 4000
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 ISP's services are billed by Bloomley UK Ltd and will appear
on your credit card as 'Connectivity Services'. The ISP's VAT number
is 776 7562 73. Credit and Debit cards are billed by Bloomley UK Ltd.
All SMS billing by Metacharge Ltd. Terms and conditions available
at points of sale.
24.10 The headings to the sections of these Conditions are for convenience
only and have no substantive meaning.