| All contracts for the provision
of services made by or on behalf of Pan Technical Computer Services Limited trading as
UniNet Internet Services (hereinafter referred to as "UniNet") are subject to
the following Conditions: 1. DEFINITIONS
In these Conditions "Agreement" means this agreement for the provision of the
Services by UniNet; "Customer" means the person named in the Schedule;
"Customer Apparatus" means any apparatus situated at the Customer's Premises,
including any hardware and software used by the Customer in order to obtain the Services;
"Customer Premises" means the premises of the Customer identified in the
Schedule; "Services" means the services to be provided by UniNet, as identified
in the Schedule; "Service Commencement Date" means the date UniNet advises the
Customer that the Services are available; "The Schedule" means the Customer
order form annexed to these terms and conditions.
2. DURATION
This Agreement shall come into effect on the Service Commencement Date and shall continue
thereafter indefinitely unless earlier terminated pursuant to Condition 8.
3. CHARGES
3.1 Monthly subscription charges shall be paid monthly in advance without set off or
deduction by direct debit or credit card. Such payments shall be non-refundable.
3.2 Quarterly subscription charges shall be paid in advance without set off or deduction.
If the Customer gives notice to terminate the quarterly subscription, refunds shall be
made in accordance with Condition 8.3.
3.3 Annual subscription charges shall be paid in advance without set off or deduction. If
the Customer gives notice to terminate the annual subscription, refunds shall be made in
accordance with Condition 8.4.
3.4 All charges payable by the Customer are exclusive of Value Added Tax or any other
relevant sales tax for which the Customer shall be additionally liable to UniNet.
3.5 Where the Customer chooses to pay the subscription charge by credit card or debit
card, the Customer's card will be debited when the payment becomes due without further
reference to the Customer.
3.6 The Customer shall not be entitled to any reduction in charges in the event it does
not use all or any part of the Services made available under this Agreement.
3.7 UniNet reserves the right to amend these terms and conditions, or alter the
subscription fee or any of its charges, at any time without notice. Notwithstanding the
foregoing, UniNet shall endeavour to give the Customer at least one month's notice of such
variation.
4. SERVICES
4.1 UniNet shall provide the Services to the Customer throughout the period of this
Agreement. The Customer shall adhere to these Conditions of Use. UniNet reserves the right
to suspend or cancel any account at its sole discretion in the event that a Customer does
not fulfil its obligations under this Agreement.
4.2 UniNet shall provide unlimited attended Internet access to the Customer. The Customer
agrees to remain connected only for the period of time that the Customer is actually using
the system. Idle sessions will automatically be terminated after twenty minutes of
inactivity. The Customer shall not attempt to defeat this mechanism by means of ping-bots
or any other means.
5. INFORMATION AND CUSTOMER APPARATUS
5.1 The Customer shall, at its own cost, be responsible for the installation and
maintenance of any Customer Apparatus.
5.2 The Customer will keep all passwords secret and will not disclose them to third
parties for any purpose. The Customer will notify UniNet immediately if they believe that
their password may have been compromised.
5.3 The Customer shall not allow simultaneous use of the Services from a single account.
5.4 The Customer shall not resell, sub-lease or in any other way transfer the Internet
connection.
6. USE
6.1 The Customer shall not knowingly use the Services to receive or transmit material that
is obscene, threatening, menacing, offensive, defamatory, in breach of confidence or in
breach of copyright or any other third party intellectual property rights or is otherwise
contrary to any applicable law or regulation.
6.2 The Services may be used by the Customer to link into other networks world-wide, and
the Customer agrees to conform to the acceptable use policies of such networks.
6.3 If the Customer makes use of the Services in any way which is to the detriment of
UniNet or UniNet's Customers, UniNet will reserve the right to suspend or cancel
Customer's account until the Customer gives a suitable undertaking as to the use of the
Services. Without prejudice to the foregoing UniNet considers that any applications which
make excessive use of the Services to the detriment of UniNet are expressly prohibited.
6.4 The Customer shall refrain from mass postings of the same message to many
inappropriate Usenet newsgroups (spamming). The Customer shall refrain from mass
unsolicited e-mailings. The Customer shall post advertisements only where appropriate, for
instance in those venues which specifically encourage or allow advertising. The Customer
shall conform to the conventions of the newsgroups, lists and networks to which the
Customer is posting.
6.5 The Customer is permitted to use up to the allocated amount of disk storage on the
UniNet Web servers. Except for transient, intra-day storage, the Customer agrees not to
use more that this quota without prior agreement in writing from Uninet. The use of space
on UniNet's Web servers is expressly covered by a separate Acceptable Use Policy (AUP)
which is deemed to be part of this Agreement. Up to date copies of these Conditions of Use
and the Acceptable Use Policy are available on UniNet's Web site. |
7. LIMITATION OF LIABILITY AND
INDEMNITY
7.1 The Customer acknowledges that UniNet is unable to exercise control over the content
of information passed using the Services and UniNet hereby excludes liability of any kind
arising as a result of the transmission or reception of any information of whatever
nature. UniNet accepts no liability for any use the Customer makes of the services, for
any charges that the Customer may incur with any third party.
7.2 UniNet has no obligation, duty or liability in contract, tort, or breach of statutory
duty or otherwise beyond that of a duty to exercise reasonable skill and care.
7.3 In any event in no circumstance shall UniNet be liable in contract, tort (including
negligence or breach of statutory duty), or otherwise for loss (whether direct or
indirect) of profits, business or anticipated savings or for any indirect or consequential
loss whatever.
7.4 The Service is not fault free and the Customer shall be entitled only to the quality
of service provided by UniNet. UniNet will use all reasonable endeavours to maintain the
services. The Customer will not be eligible for any compensation because they cannot use
the service or because of a failure, suspension or withdrawal of all or part of the
service. UniNet reserve the right to change the service at any time. At its sole
discretion, UniNet may limit any session to a period of two hours after which the session
may be automatically terminated. If the session is terminated by UniNet after two hours,
the Customer may re-establish the session at any time for additional two hour periods.
7.5 If the Service is to be provided by a date specified by the Customer or UniNet such
date shall be treated as an estimate and UniNet does not accept any liability for failure
to meet the date.
7.6 UniNet shall not be liable for any loss or damage whatsoever caused by any failure to
perform any obligations under this contract if such failure is caused by or attributable
to events, acts or omissions beyond its control, including the acts or omissions of other
telecommunications providers.
7.7 The Customer shall (without prejudice to the other rights and remedies of UniNet)
indemnify, defend and hold harmless UniNet in full against all losses, costs, damages,
charges, expenses and other liabilities awarded against or incurred by UniNet as a result
of or in connection with any claim made against UniNet by any third party in respect of
use of all or part of the Services by the Customer in contravention of the above
conditions.
7.8 The Customer shall promptly inform UniNet fully of any actual, threatened or suspected
claims or proceedings which come to the Customer's notice that use of the Services
infringes any of the matters specified in Condition 6.1 above. Where the Customer has
notified UniNet under this Condition, UniNet shall take such action as it deems
reasonable. The Customer undertakes with UniNet that it will, at the request of UniNet, do
all such things as may be reasonably required to assist UniNet in defending or resisting
any proceedings.
7.9 The provisions of this Condition 7 shall survive termination of the Agreement.8.
TERMINATION
8.1 Without prejudice to its other rights and remedies, UniNet may terminate this
Agreement forthwith by notice in writing to the Customer if the Customer:
8.1.1 fails to pay any charges when due at any time during the period of this Agreement;
8.1.2 is otherwise in material breach of this Agreement and in the case of remediable
breach, fails to remedy the breach within twenty four hours of receiving notice to that
effect from UniNet;
8.1.3 becomes insolvent or has a receiving order made against it or commences to be wound
up (not being a member's voluntary winding up for the purposes of a solvent reconstruction
or amalgamation) or grants a trust deed for and on behalf of its creditors.
8.2 The Customer may terminate this Agreement at any time, by giving UniNet 30 day's prior
written notice.
8.3 If the Customer has obtained dial-up services and paid charges one quarter in advance,
such Customer shall, following termination or expiry of this Agreement, be entitled to a
rebate in respect of the remaining part of the subscription period from the month end
following the month end in which UniNet receives the notice.
8.4 If the Customer has obtained "dial-up" services and paid charges one year in
advance, such Customer shall, following termination or expiry of this Agreement, be
entitled to a rebate in respect of the remaining part of the subscription period from the
month end following the month end in which UniNet receives the notice.
9. THIRD PARTY NETWORK CONNECTIONS
During the currency of this Agreement, the Customer shall not, without the prior written
consent of UniNet, connect any devices which are capable of routing traffic networks to
the Customer Apparatus.
10. ENTIRE AGREEMENT
This contract takes precedence over any previous contact with the Customer for the
services.
11. NO WAIVER
Failure by either party to exercise or enforce any right conferred by this contract shall
not be deemed to be a waiver of any such right, nor operate so as to bar the exercise or
enforcement thereof or of any other right on any subsequent occasion.
12. NOTICES
Any notice required to be given hereunder shall be in writing and shall be served by
sending the same by registered or recorded delivery post to the address of the other party
as given herein, or to such other address as that party may have previously notified to
the party giving notice as its address for such service. Any notice so given shall be
deemed to have been served forty eight hours after it shall have been posted.
13. GOVERNING LAW AND JURISDICTION
This contract shall be deemed made in England and subject to jurisdiction of the English
Courts. |
