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The broadband service ('the Service') is being provided to you by us, but the provider of the Service to us is British Telecommunications PLC ('BT')
The link at the bottom of this page sets out the terms upon which we have contracted with BT for the provision of the Service. You must read these terms as they contain important information about the provision of the Service and your duties as a recipient of it.
The following is a resume of the most important terms that relate to you, which terms are hereby incorporated into, and form part of, your agreement with us for the provision of website and hosting services ('the Website Agreement'). The Service forms part of the 'Services' for the purpose of the Website Agreement.
1. Installation of Equipment
You will allow the installation of any necessary equipment at your premises, and will: (a) obtain all necessary consents, including consents for any necessary alterations to buildings; and (b) provide any necessary electricity and connection points; and (c) provide an appropriate environment for the installation. You will allow BT employees access to your premises, (which will only usually be required during normal working hours).
2. Use of the Service
a. You must not use the Service: (a) in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful or fraudulent or, to your knowledge, has any unlawful or fraudulent purpose or effect; or (b) in connection with (without prejudice to the generality of the foregoing) the carrying out of a fraud or criminal offence against any public telecommunications operator; or (c) to send, knowingly receive, upload, download, use or re-use material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights; or (d) in a way that does not comply with any instructions given under these terms; or (e) in a way that in our reasonable opinion could materially affect the quality of any telecommunications service, including the Service.
b. From time to time, we may alter the form of all or part of the Service. We will use all reasonable endeavours to ensure that the overall quality and quantity of the Service remains essentially of the same nature.
c. We do not warrant that the provision of the Service will be continuous, error-free or meet your requirements.
d. We reserve the right to interrupt the Service for the purpose of repair, upgrade or maintenance or to vary the technical specification of the Service for operational reasons.
3. Software and IP
Where software is provided to enable you to use the Service, we grant you, for the duration of our agreement, a non-exclusive, non-transferable licence to use the software for that purpose. If required by us, you agree to sign any agreement containing reasonable terms which is reasonably required by the owner of the copyright in the software to protect the owner's interest in that software. You must not copy, de-compile or modify the software, nor copy the manuals or documentation
4. Limitation of liability
a. We will be responsible to you for injury or death to any person resulting from our negligent act or omission or the negligent act or omission our employees or agents. We will also be responsible to you for any direct losses you incur as a result of our negligence or breach of contract, but these damages will be limited to the aggregate of the total sums received by us for the Service at the date of notice to us of the alleged breach.
b. We will not in any circumstances be liable to you for any loss of profits, business, or anticipated savings or for any indirect or consequential loss or damage, howsoever arising.
5. Indemnity
You agree to indemnify us, our officers, partners and agents from and against all actions, demands, costs, losses, liability, expenses and claims we may sustain or which may be brought against us that arise from your breach of this Agreement, your use or misuse of the Service.
6. Termination of the Service
a. Either party may terminate the Service on one months' written notice to the other.
b. We may terminate the Service forthwith on written notice to you;-
(i) if you are in breach of any of the provisions of these terms; or
(ii) if, as a result of our agreement with BT being terminated for any reason, we are unable to provide the Service to you. |
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