| Aguawebs
ABN: 23 446
429 452
Terms and Conditions of Provision of Service
July 2000 - 2008., version 1.3
IMPORTANT: Please read these terms and conditions, which govern our supply
to you of the Service (as defined in clause 1.9 below): we will be unable
to process your order until you have done so. If there is anything you
do not understand, please feel free to e-mail us at accounts@Aguawebs.co.uk,
or phone on +61 (0)2 6676 2980
By placing an order with us, you agree to be bound by the whole provisions
of the Agreement (as defined in clause 2.1 below) between you and us.
If you do not accept these provisions you should not place an order. Your
attention is drawn in particular to clauses 12 (limitation of liability)
and 13 (indemnity).
You must be 18 years or older to register for the Service. By clicking
on the "I accept" button, you confirm to us that you are at
least 18 years of age.
1 DEFINITIONS
In these terms and conditions:-
1.1
"Business Customer" means any person who is not a Consumer;
1.2
"Charges" means the charges in respect of the Service as shown
on our website and varied from time to time in accordance with clause
22. (In the event of a discrepancy between any Charge as shown on our
website and as shown on the Confirmation Form, the terms of the Confirmation
Form shall be conclusive)
1.3
"Commencement Date" means the date when our agreement with you
is concluded (see clause 2.3);
1.4
"Confirmation Form" means the form which we send to you by post
or e-mail after you have placed an order, confirming details of the Service
ordered, and the relevant Charges
1.5
"Consumer" means an individual whose use of the Service is for
personal purposes only, and not for use in connection with any trade,
business or profession;
1.6
"Equipment" means any equipment (including any software) provided
to you by us, or to which we enable you to have access, in connection
with the Service;
1.7
"Order Form" means the form completed by you online or printed
out and sent to us by fax/post and showing details of the Service;
1.8
"Reseller" means a person authorised by us in writing to sell
on the Service consisting of website hosting and other assorted services
to its own customers;
1.9
"Service" means the service to be provided by us to you, as
described in an Order/Confirmation Form and on the pages of our website
relevant to that service. (In the event of a discrepancy between the description
of the Service on the website and that on the Order/Confirmation Form,
the description on the Order/Confirmation Form shall be conclusive);
1.10
"we/us/our" refers to Aguawebs, a "sole trader" in Australia
(ABN: 23 446 429 452), and having its registered office at 5/44-48 Elanora
Avenue, Elanora Sands, Pottsville Beach, NSW 2489
1.11
"you/yours" refers to you, the person placing an order for the
Service.
2 YOUR AGREEMENT WITH US
2.1
These terms and conditions, together with the Order Form, Privacy Policy
and the Acceptable Use Policy constitute the entire agreement between
you and us relating to the provision of the Service ("the Agreement"),
and supersede any previous agreements, arrangements, undertakings or proposals,
written or oral, between us in relation to this, and all past courses
of dealing or industry custom. No oral explanation or oral information
given by any party (including any information given via our customer service,
sales or support departments) shall alter the interpretation of these
terms and conditions. In agreeing to these terms and conditions, you have
not relied on any representation other than those expressly stated in
these terms and conditions, and you agree that you shall have no remedy
in respect of any misrepresentation which has not been made expressly
in these terms and conditions.
2.2
Nothing on our website is intended or shall be interpreted to mean that
we are making a legal offer to you to provide the Service; we are inviting
you to make a legal offer to us to purchase the Service. It is entirely
at our discretion to accept or reject the offer to purchase.
2.3
The Agreement is concluded only when we have accepted your order by sending
you a Confirmation Form (with the date of conclusion of the Agreement
being the date shown on that Confirmation Form.
3 TYPES OF SERVICE
Special provisions, set out in Parts 1 to 3 of the Schedule, apply to
some types of Service (website hosting and the provision of e-mail; and
reseller packages). If we provide the relevant type of Service to you,
you will be bound by the corresponding provisions of the relevant part
of the Schedule. If any specific term of the Schedule contradicts a general
term in these terms and conditions, that specific term shall take precedence.
4 PROVISION OF SERVICE
4.1
In consideration of the prompt payment of the Charges by you, we shall
provide the Service to you subject to these terms and conditions, from
the Commencement Date until the Agreement is terminated or the Service
suspended in accordance with the provisions of the Agreement.
4.2
We may grant you, upon request, a non-exclusive, non-transferable and
restricted licence to use any software which forms part of the Service,
for the period of the Agreement.
4.3
No third party software is provided as part of the Service along with
such third partyıs electronic or printed licence agreement. This software
must be purchased by you and you must provide your own electronic or printed
licence agreement.
4.4
You acknowledge that if you prevent us from having access to any Equipment,
we may not be able to provide the Service, and will not be liable to you
in any way as a result of our inability to provide any part of the Service
to you.
5 DISTANCE SELLING REGULATIONS
We are obliged by law to provide you, prior to the Commencement Date,
with certain information in relation to the Agreement and your rights
under it. This information appears throughout the Agreement, but is summarised
in the Confirmation Form for ease of reference.
6 PASSWORD AND ACCOUNT NUMBER
6.1
On acceptance and confirmation by us of your application for the Service,
we will allocate an account number to you, a password and various other
personal identifiers. It is your responsibility to keep them safe and
not disclose them to anyone else. You are responsible for all use of the
Service accessed via these passwords or personal identifiers, including,
without limitation, all Charges incurred and any breaches of this Agreement),
even where the Service is not actually used by you, but by some other
person or organisation using the passwords or personal identifiers.
6.2
You will keep any password and personal identifier confidential and will
immediately notify us if any unauthorised third party becomes aware of
the password or personal identifier.
6.3
We will accept your password or security phrase as authority to make any
hanges to the Service or your account.
7 USE OF THE SERVICE
Personal Use
7.1
If you are a Consumer, the Service is supplied to you for your personal
use. You may not commercialise it or use it in connection with any occupation,
trade or profession without our prior written consent.
Business Use
7.2
If you are a Business Customer, you may not make any unauthorised commercial
use of the Service. Without limitation, this means that you may not make
the Service available as part of a network or access or run it simultaneously
from or on more than one operating unit. You agree to keep full and accurate
records of any and all operating units on or in connection with which
the Service is enabled, and shall permit us to review and evaluate such
records from time to time to ensure your compliance with your obligations
under this clause 7.2.
Use of other networks
7.3
Where you use the Service to reach networks and services not operated
by us, you will abide by the acceptable use policies or terms and conditions
imposed by the operators of those networks and services.
8 PAYMENT
8.1
All Charges shall be payable on the due date(s) shown in the Confirmation
Form.
8.2
We may at any time vary any of the Charges in accordance with the terms
of clause 22.
8.3
Charges are non inxclusive of value added tax. This must be paid by you
on to the proper parties, unless you are exempt from tax and display to
us a valid tax exemption certificate.
8.4
Clients paying monthly by credit card agree that their payment may be
taken automatically up to 10 working days before their due date, to allow
for financial and administrative processing. Thus they should give at
least 28 full working days notice to us if they do not wish to continue
with their account. Clients paying quarterly need to give at least 28
days notice in writing that they do not wish for their account to be renewed.
8.5
We reserve the right to charge interest on any amounts due by you to us
which are not paid on the relevant due date, from that date until the
date of payment (whether before or after decree) on a daily basis at the
rate of 3% above the base rate from time to time of the Bank of Scotland.
You shall reimburse us all costs and expenses (including reasonable legal
costs) incurred in the collection of any overdue amounts. Interest shall
continue to accrue and costs and expenses shall continue to be reimbursed
after the termination of the Agreement for any reason.
8.6 All payments must be made in the currency specified.
8.7
If you attempt to pay by means of a cheque which is not honoured by your
bank for any reason whatsoever, you will be liable for an administration
charge of £25, and we may suspend the Service at our discretion in accordance
with clause 15.3.3. The same feeıs also apply if you wrongly request a
chargeback if paying by credit card.
8.8
Without prejudice to our other rights and remedies, if any Charge is not
paid on or before the due date, we shall be entitled immediately to suspend
the provision of the Service to you, in accordance with clause 15.3.3.
8.9
If at any time before or during the term of the Agreement, you fail to
meet the standard of creditworthiness deemed acceptable by us from time
to time, we shall be entitled to do all or any of the following:-
8.9.1
to require you to make such regular instalment payments in advance on
account of any future Charges as we deem necessary;
8.9.2
to impose credit limits on you in respect of Charges, and to suspend the
Service at any time when such limits are reached until payment in full
of such outstanding Charges;
8.9.3
to impose such other restrictions on your right to use the Service as
we shall reasonably deem necessary.
8.10 Renewals
8.10.1
When your account is due for renewal, we will e-mail and post an invoice
to the details we have registered for you, we will also send a further
reminder if the payment becomes overdue.
8.10.2
If the payment becomes more than 7 days overdue, we reserve the right
to find other contact methods for you to try to gain payment, including
contacting any e-mail address or telephone number on the website, to avoid
downtime for the service.
8.11 Overusage
8.11.1
You accept that if your account has any predefined limits applied to it,
for example for data transfer or disk space usage, you will be liable
for any excess charges generated by that account, with or without your
previous knowledge. You can obtain a full list of any overusage charges
by contacting accounts@Aguawebs.co.uk
8.11.2
Any feeıs that become due as the result of overusage will be held against
your account, and are subject to all the normal clauses of section 8,
and could lead to your account(s) being terminated or suspended if the
payments are not made, or an appropriate payment agreed to with Aguawebs.
9 RIGHT TO CANCEL
9.1
This clause 9 applies to you only if you are a Consumer.
9.2
Subject to clause 9.4, you have seven working days from the Commencement
Date ("the cancellation period") in which to cancel the Agreement.
9.3
If you wish to cancel the Agreement, you must notify us of this fact in
writing and send your notification to us by e-mail or post. Full contact
details are set out in the "Contacts" section of our website.
9.4
You have no automatic right to cancel the agreement between us if, at
your request or otherwise but with your consent, we begin to provide the
Service to you within the cancellation period.
9.5
If you do wish to no longer use the particular service then no refunds
will be available for any unused time remaining on the account.
10 ADDRESSES FOR COMPLAINTS
10.1
You may send us any complaints about the Service:-
10.1.1
by post to: Aguawebs, PO Box 1537, Kingscliff, NSW2487, Australia;
or
10.1.2
by phone on +61 (0)2 6676 2980; or
10.1.3
by e-mail (in which case you must quote your address details, including
your postcode, and your password or security phrase), to accounts@Aguawebs.co.uk
11 SUPPORT SERVICES
11.1
We will use reasonable endeavours to respond to any request for support
in relation to a recognised emergency fault within 30 minutes of being
notified of it, and shall make all commercially reasonable attempts to
resolve the fault within four hours of acknowledging the problem.
11.2
As part of the Service, we offer technical advice and support either via
e-mail or by our telephone helpline. Calls to our helpline are charged
at 25p per minute, or at national rate, depending on the accounts you
hold with us. We reserve the right to establish limitations on the extent
of such support, and the hours at which it is available, and you understand
that we cannot accept any liability for any loss or damage arising (whether
directly or otherwise) out of the giving of such assistance and or advice,
except where this is due to our negligence, recklessness or wilful misconduct
in the performance of our obligations under the Agreement.
12 LIMITATION OF LIABILITY
12.1
Nothing in these terms and conditions is intended to exclude any provision
of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer
Contracts Regulations 1999, or of any other legislation designed to ensure
that the rights of parties to a contract of the type of the Agreement
(i.e. standard terms and conditions which are not individually negotiated)
are fairly balanced.
12.2
Subject to clause 12.1, we shall not be liable to you for any loss or
damage unless such loss or damage arises as a direct result of our negligence,
recklessness or wilful misconduct, or fraud or misrepresentation on our
part.
12.3
To the fullest extent permitted by applicable law, we disclaim all liability
for our employeesı or sub-contractorsı negligence.
12.4
We may include links from time to time from the Service or our website
to other internet sites. We have no control over the content of such sites
and disclaim any liability in respect of your use of such sites.
12.5
All conditions, terms, representations and warranties relating to the
Service and not expressly stated in the Agreement are hereby excluded
to the fullest extent permitted by law.
12.6
Our total liability to you in respect of any claim by you arising out
of or in connection with the provision (or the failure to provide) the
Service shall be limited to the amount paid by the client for the Service,
where a limit can be applied.
12.7
No claim by you against us shall be valid unless you have notified us
of the details of the claim within one year of it arising.
12.8
Every provision of this clause 12 excluding or limiting liability shall
be construed separately, applying and surviving even if for any reason
any of these provisions is held inapplicable or unenforceable in any circumstances,
and shall remain in force notwithstanding the expiry or termination of
the Agreement.
13 INDEMNITY
You agree that you shall be liable for, and hereby agree to indemnify
us on demand in respect of any and all demands, liabilities, losses, costs
and claims (including reasonable legal fees) sustained or incurred by
us, our agents, suppliers, resellers, our customers, officers or employees,
and arising as a result of breach by you, your employees, agents or sub-contractors,
or any person with whom you share the Service in accordance with paragraph
4 of Part 2 of the Schedule of the Agreement.
14 WEBSITE CONTENT
14.1
We have used reasonable care and skill in compiling the content of our
website but make no warranty, express or implied, as to the nature or
accuracy of any material on the website and cannot accept liability for
any particular material on the website or as a result of any use of or
reliance placed upon information contained within the website. The Confirmation
Form is conclusive as to the Charges and the description of the Service.
14.2
Although every effort is made to ensure complete accuracy, some prices
or details shown on the website may change from time to time, and it is
possible that errors will occur. We will use reasonable endeavours to
rectify any errors as swiftly as possible.
15 SUSPENSION/TERMINATION
15.1
We reserve the right at any time to suspend the Service or terminate the
Agreement without notice to you and without giving you any refund in the
event that we, acting reasonably, consider that you have made inappropriate
use of the Service or otherwise materially breached the Acceptable Use
Policy. Examples of inappropriate use of the Service are given in the
Acceptable Use Policy.
15.2
You or we may terminate the Agreement at any time by giving at
least 28 days written notice to the other party. You may also terminate
the Agreement in the circumstances described in clauses 22 and 24.
15.3
We may suspend the Service or terminate the Agreement immediately without notice to you
and, in the case of clauses 15.3.2 to 15.3.6 inclusive, without giving
you any refund if any of the following occurs:-
15.3.1
we are precluded from providing the Service by law or by the decision
of any competent judicial, governmental or regulatory body;
15.3.2
you provide us with any false, inaccurate or misleading information for
the purpose of using the Service;
15.3.3
you fail to pay any sum due to us when it falls due, and have not made
payment within 7 days of the due date, or you breach any other provision
of the Agreement and, if the breach is remediable, fail to remedy the
breach within 30 days of written notice from us specifying the nature
of the breach, and the steps required to remedy it; or
15.3.4
you commit an unremediable breach of the Agreement. (Without limitation,
particular examples of breaches which are for the purposes of the Agreement
incapable of remedy include jeopardising or compromising the security
or integrity of our network or serious breach of the Acceptable Use Policy,
including, for example (but without limitation), the posting or transmission
of defamatory content through or in connection with the Service);
15.3.5
(in accordance with the law of any jurisdiction in the world) you become
bankrupt or apparently insolvent, are sequestrated, wound up, make a proposal
for a voluntary arrangement under the Insolvency Act 1986, cease or threaten
to cease to carry on your business, or otherwise are unable to meet your
debts as they fall due; or
15.3.6
we decide (acting reasonably) that any event has occurred which adversely
affects your ability to pay any sum due to us as and when it falls due,
or otherwise to perform your obligations under the Agreement. (This includes,
without limitation, your credit or debit card being declined, or us receiving
notice that you have disputed any charges with your credit card company);
or
15.3.7 your death.
15.4
We may temporarily suspend the Service for the purpose of repair, maintenance
or improvement of any of our facilities which are necessary to provide
the Service, or vary the technical specification of the Service for operational
reasons, without incurring any liability to you or any other person, subject
to us giving you as much online, written or oral advice as is reasonably
practicable in the circumstances, and restoring the Service as soon as
reasonably practicable after such temporary suspension.
15.5
On termination of the Agreement or suspension of the Service in any of
the circumstances described in clauses 15.3.2 to 15.3.6 inclusive, we
shall be entitled, acting reasonably, to do all or any of the following:-
15.5.1
immediately to block any website of yours which we host and to remove
all data located on it or on our servers;
15.5.2
to delete all such data (but we may, at our discretion, hold such data
for such period as we may decide to allow you to collect it at your expense,
subject to payment in full of any amounts outstanding and payable to us
by you);
15.5.3
to post such notice on your website in respect of the non-availability
of your website as we think fit;
15.5.4
to take any other action we, acting reasonably, deem appropriate and proportionate
to the breach of the Agreement.
15.6
On termination of the Agreement for any reason, any licence granted to
you under clause 4.2 shall automatically terminate.
15.7
We shall investigate any suspected or alleged breach of the Agreement,
and make an additional charge for all reasonable costs incurred due to
investigating and dealing with the misuse and/or blocking access to any
components of the Service. Without limitation, you expressly authorise
us to use your personal data and other account information in connection
with any such investigation, including by disclosing it to any third party
whom we consider has a legitimate interest in any such investigation or
its outcome.
16 EQUIPMENT
You acknowledge that any Equipment supplied to you shall remain at all
times our property.
17 INTELLECTUAL PROPERTY RIGHTS
You shall obtain any and all necessary consents, licences and clearances
to enable you lawfully to make use of all and any intellectual property
rights through the Service, including, without limitation, clearance,
licences and/or consents in respect of your proposed domain name.
18 DATA PROTECTION
We shall use any personal data collected from you strictly in accordance
with the terms of our Privacy Policy and the terms of clause 15.7, in
the event of an investigation such as is described there. By proceeding
with an order you expressly consent to the uses and disclosures of data
set out in the Privacy Policy (as varied from time to time). We reserve
the right to monitor your use of the Service, although you acknowledge
that we have no duty to do so.
19 FORCE MAJEURE
19.1
We shall not be in breach of the Agreement or otherwise liable to you
in any manner whatsoever for any failure or delay in performing our obligations
under the Agreement due to force majeure.
19.2
In these terms and conditions "force majeure" shall include,
but is not limited to, such causes beyond our control, and without our
fault or negligence, as are occasioned by: any third party being unable
to provide goods or services to us; acts of God; war or national emergency;
acts of civil or military authority; acts of terrorism; riot; civil disturbance;
malicious damage; compliance with any law or governmental order, rule,
regulation or direction; acts or order of any government agency or official
thereof; accident; transport contingencies; shortage of facilities, fuel,
energy, labour or materials; fire; explosion; flood; or storm.
20 NOTICES
20.1
Any notice to be given in accordance with these terms and conditions by
us to you may be sent by either e-mail, fax or recorded delivery, and:-
20.1.1
if sent by e-mail shall, unless the contrary is proved, be deemed to be
received on the day it was sent;
20.1.2
if sent by fax shall be deemed to be served on receipt of an error-free
transmission report; or
20.1.3
if sent by recorded delivery shall be deemed to be served two days following
the date of posting.
20.2
Any notice to be given in accordance with these terms and conditions by
you to us shall be in English and may be sent by either e-mail, fax or
recorded delivery. You should not assume that any such notice has been
received by us until we send you confirmation of receipt.
20.3
Notices sent to us shall be sent to Aguawebs, PO Box 1537, Kingscliff,
NSW2487, Australia. We shall send any notice to you to the address which
you state to us on your Order Form, and it is your responsibility to notify
us of any change to that address.
21 WAIVER
Any failure by us to exercise or enforce any right or provision of the
Agreement shall not constitute a waiver of such right or provision.
22 VARIATION
We reserve the right to amend the provisions of the Agreement at any time.
If we do so, we shall display a notice on our website for a period of
thirty days prior to the amendment coming into effect, informing you of
the amendment and the date on which it is to come into force, and will
notify you by e-mail if the amendment affects the type of Service to which
you subscribe. Your continued use of the Service after any such amendment
has come into effect shall be deemed to be your binding acceptance of
such amendment. If you are a Consumer you will have the right to end this
Agreement by written notice at any time up to the date on which the amendment
comes into force.
23 SEVERABILITY
If any of the provisions of the Agreement is found by any court or other
competent authority to be void or unenforceable, such provision shall
be deemed to be deleted from the Agreement and the remaining provisions
of the Agreement shall continue in full force and effect. Notwithstanding
the foregoing, we and you shall thereupon negotiate in good faith in order
to agree the terms of a mutually satisfactory provision to be substituted
for the provision so found to be void or unenforceable.
24 ASSIGNATION
You may not otherwise than in accordance with paragraph 4 of Part 2 of
the Schedule (sharing of Service) transfer any of your rights or obligations
under the Agreement to any other person. We reserve the right to assign
or sub-contract any or all of our rights and obligations under the Agreement
to any person, but if we do so you may terminate the Agreement in accordance
with clause 22. We shall give you reasonable notice in writing of our
intention to assign the Agreement.
25 LAW AND JURISDICTION
25.1
The Agreement shall be governed by and construed in accordance with Scots
law and you hereby submit to the non-exclusive jurisdiction of the Scottish
courts. You are responsible for compliance with any applicable laws of
the country from which you access our website.
SCHEDULE
Part 1 Domain Name Registration
1
We make no representation that the domain name you wish to register is
capable of being registered by or for you. You should therefore not assume
registration of your requested domain name(s) until you have been notified
that it has or they have been registered. Any action taken by you before
such notification is at your risk, and you agree that we shall bear no
liability for any cost incurred in the belief that registration would
be successful.
2
The registration and use of your domain name is subject to the terms and
conditions of use applied by the relevant naming authority, as listed
here: For .uk domains the terms are available at http://www.nic.uk/ref/terms.html,
for .com .net .org .biz or .info domains the terms are linked from the
following page https://joker.com/index.joker?mode=page&page=terms_cond;you
shall ensure that you are aware of those terms and conditions and that
you comply with them, you should also be aware that as per the terms of
our privacy policy we will be passing personal details of yourself onto
the registry in question, unless you specifically request otherwise, although
some limited details will always be sent to the registry, namely the legal
registrant of the domain name. Also you shall have no right to bring any
claim against us in respect of refusal to register a domain name. Any
administration charge paid by you to us shall be non-refundable notwithstanding
refusal by the naming authority to register your desired name.
3
We shall bear no liability in respect of the use by you of any domain
name. Any dispute between you and any other person must be resolved between
the parties concerned in such dispute. If any such dispute arises, we
shall be entitled, at our absolute discretion, and without giving any
reason, to withhold, suspend or cancel the domain name. We shall also
be entitled to make representations to the relevant naming authority but
will not be obliged to take part in any such dispute.
4
We shall not release any domain to any other person unless full payment
for that domain has been received by us.
5
You warrant that you are the owner of, or that you have been and are duly
authorised by the owner to use, any trade mark or name requested or allocated
as your domain name.
6
You warrant that, to the best of your knowledge and belief, neither the
registration of your proposed domain name nor the manner in which it is
directly or indirectly used will infringe the legal rights of a third
party or will otherwise be unlawful in any way, and you will indemnify
us against any and all actions, claims, losses, costs, damages and expenses
incurred by us if this warranty proves to be untrue.
7
We reserve the right to take instructions directly from the legal owner
of any domain under our control, even if they are not the account holder,
although we will only take instructions on the domain itself, not on any
services relating to it that we are providing for the account holder.
Part 2 Website Hosting and e-mail
1
For the purposes of this Part 2, "Server" means the computer
server equipment operated by us or others in connection with the provision
of the Service.
2
We make no representation and give no warranty as to the accuracy or quality
of information received by any person via the Server.
3
You shall effect and maintain adequate insurance cover in respect of any
loss or damage to data stored on the Server.
4
4.1
Unless you are a Reseller, you shall not share use of the Service, or
any part of it, with any other person except:-
4.1.1
if you are a Consumer members of your household at the same address;
or
4.1.2
if you are a Business Customer your employer or employees or other people
with whom you work at the same address; or
4.1.3
where previously agreed with us in writing.
4.2
You shall procure that any person with whom you share use of the Service
in accordance with paragraph 4.1 of this Part 2 of the Schedule complies
in full with the Agreement (other than with respect to payment of Charges,
for which you will remain solely responsible) as if he, she or it were
an original party to the Agreement. You are responsible for any misuse
of the Service by anyone with whom you share the Service.
5
You shall observe the procedures which we may from time to time prescribe
and shall make no use of the Server which is detrimental to any other
person.
6
You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation), and in a secure manner.
7
The Service may contain errors and is not designed, manufactured or intended
for use or resale as on-line control equipment in hazardous environments
requiring fail-safe performance, such as (without limitation) in the operation
of nuclear facilities, aircraft navigation, traffic or communication systems,
air traffic control, direct life-support machines, or weapons systems,
in which the failure of the Service could lead to death, personal injury,
or severe physical or environmental damage ("High Risk Activities").
Accordingly, without prejudice to any other disclaimer or limitation of
liability in the Agreement, we specifically disclaim any express or implied
warranty of fitness of the Service for use for High Risk Activities.
8
You acknowledge that you have no right to any physical access to the premises
from which the Service is provided or any other of our premises, without
our explicit prior permission.
Part 3 Reseller Packages
Where the Service consists of either a reseller package, a multiweb package,
or if otherwise previously agreed, you may resell the Service to your
customers provided that they agree to abide by the terms of the Agreement
or terms substantially the same as the Agreement, and provided that you
have paid the Charges and that you never sell bandwidth or speed of service
greater than that you have contracted to purchase from us. You will indemnify
us on demand against any claim of any nature by a party to whom you have
resold.
1
You acknowledge that, in acting as a Reseller, you are not acting as our
agent, and you shall not hold yourself out as out agent or otherwise do
anything to suggest that you are not acting on your own behalf.
2
Our Reseller packages have a minimum term of 3 months. If you cancel the
Service before this 3-month period has expired, you will be liable to
pay us early termination costs of £50, unless your cancellation is due
to material breach by us or is in accordance with clause 22 or clause
24.
3
No default by any customer of yours shall in any way affect, modify or
limit your obligations under this Agreement.
|