 BROADBAND
TERMS & CONDITIONS |
The Customer's use of the Service (as defined below) and/or
acceptance of these Terms and Conditions ("Conditions")
constitute the Customer's agreement to be bound by these Conditions.
These Conditions must be read in conjunction with those of Corpex
Limited 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 Corpex Limited AUP,
explain the responsibilities of Corpex Limited to the Customer
and the Customer's responsibilities to Corpex Limited and to
other users of the Service ("Users"). The AUP in particular
outlines what Corpex Limited considers to be unacceptable use
of the Internet by our customers so that Corpex Limited 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 eighteen (18) years or older
to register for the Service.
Terms and conditions for Corpex Limited 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 Corpex Limited;
"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 Corpex Limited 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 Corpex Limited 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.
Corpex Limited may accept instructions from another person who
Corpex Limited 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 Corpex Limited or any third
party to the Customer at the Premises to enable provision of
the Service;
"Minimum Period of Service"
For customers ordering Corpex Limited ADSL services, the minimum
period of service will be twelve (12) months from the commencement
date.
"Physical Characteristics"
(a) For customers wishing Corpex Limited 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 Corpex Limited 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;
"Corpex Limited System" means the telecommunication
system which Corpex Limited runs and, for the purpose of this
Agreement, any apparatus leased by, or otherwise obtained by,
Corpex Limited 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 Corpex
Limited 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 Website of Corpex Limited.
2.2 The provisions of the Application Form are binding on Corpex
Limited, once Corpex Limited 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 Corpex Limited 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 Corpex Limited does not undertake to do so.
2.4 Corpex Limited 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 Corpex Limited, or by errors or omissions of the Customer.
2.5 Corpex Limited 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 Corpex
Limited with certain details on the Customer's Application Form.
Corpex Limited 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, Corpex Limited 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 Corpex Limited 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. Corpex Limited or its authorised
representative shall give as much notice as in the circumstances
is reasonable and Corpex Limited shall endeavour to carry out
such works during the scheduled maintenance periods as published
from time to time.
2.10 Corpex Limited may occasionally have to interrupt the Service
or change the technical specification of the Service for operational
reasons or because of an emergency. Corpex Limited 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 Corpex Limited for any such interruption.
2.11 Corpex Limited 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 Corpex Limited ADSL
helpdesk. Technical Support contact information including availability
times is available on the web site of Corpex Limited.
2.12 Corpex Limited may include links from time to time from
the Service to other Internet sites. Corpex Limited 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 Corpex Limited at the Premises and that under these Conditions
the Customer cannot require Corpex Limited 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, Corpex Limited reserve the right to accept or
reject such request and the decision of Corpex Limited 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 Corpex Limited;
2.14.3 use the Service except in conjunction with Corpex Limited
recommended operating environment, notified by Corpex Limited;
or
2.14.4 modify the Service without Corpex Limited prior written
consent.
2.15 Corpex Limited reserves the right to remove e-mail from
Corpex Limited servers that is left for a period of more than
four months.
2.16 Corpex Limited 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 Corpex Limited
from suspending or terminating the Service under paragraphs
12 and 13 of this Agreement.
4. Fees
4.1 Corpex Limited 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. Corpex Limited accept major credit cards, cheques or
direct debit payments. If the Service is terminated by Corpex
Limited without cause, the Customer shall not be entitled to
a refund of subscriptions paid.
4.2 Subject to the discretion of Corpex, you will be invoiced
with credit terms of thirty (30) days net, on a quarterly or
annual basis only. Corpex Limited 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,
Corpex Limited 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 and payment for the first quarter,
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 Corpex Limited.
Corpex Limited will contact you in the event of any such increases.
4.5 In addition to the fee set out on the Application Form,
Corpex Limited 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 Corpex Limited ADSL service five (5) or less days prior
to the arranged installation date. For the latest pricing information
on the above please contact the Corpex Limited's sales department.
5. Access
5.1 The Customer hereby irrevocably gives permission to Corpex
Limited 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 Corpex Limited System. The permission set out above shall
continue in force after cancellation or termination of this
Agreement until such time as Corpex Limited have removed all
Equipment from the Premises.
5.2 The Customer must allow Corpex Limited 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 Corpex Limited manages the connection only:
6.1.1 Corpex Limited 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 Corpex Limited manage the connection, installation
and equipment:
6.2.1 Corpex Limited 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 Corpex Limited.
Any installation date given is an estimate only and shall not
be liable for any failure to meet such installation date.
6.2.2 Corpex Limited 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 Corpex Limited shall use its reasonable endeavours to
comply with the Customer's reasonable requests in respect of
installation but Corpex Limited 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 Corpex
Limited. Unless otherwise agreed, this power supply is to be
provided by the Customer. Corpex Limited 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 Corpex Limited.
7. Corpex Limited Equipment
This section applies to customers requiring Corpex Limited to
manage the connection, installation and equipment. Customers
wishing Corpex Limited 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 Corpex Limited 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 Corpex Limited to ensure that the Service
is ready for use. If the Service is not ready for use, Corpex
Limited 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
Corpex Limited informing the Customer of successful completion
of the Standard Tests.
7.4 The Equipment shall remain the property of Corpex Limited
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 Corpex Limited or a third party
supplier of such equipment. Corpex Limited 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 Corpex Limited 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 Corpex Limited 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 Corpex Limited 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 Corpex
Limited;
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 Corpex Limited 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 Corpex Limited 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 Corpex Limited or other third party
supplier of such equipment.
7.5.8 to permit Corpex Limited 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 Corpex Limited). The Customer will notify Corpex
Limited immediately of any such loss or damage.
7.6.1 The Customer undertake to indemnify Corpex Limited 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 Corpex
Limited.
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. Corpex Limited 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
Corpex Limited, 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 Corpex Limited , and the Customer agrees to disconnect such
apparatus at the request of Corpex Limited.
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 Corpex
Limited 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 Corpex Limited for reasons of health, safety or the quality
of the Carrier's telecommunications services or the Corpex Limited
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 Corpex Limited 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 Corpex Limited, 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 Corpex Limited or its authorised representative
immediately;
9.4.3 any breach of these obligations shall entitle Corpex Limited
to immediately terminate the Service to the Customer without
notice.
9.5 Use by others: The Customer acknowledges that Corpex Limited
is unable to exercise control over the content of information
passing over the Corpex Limited network or via the Service,
and Corpex Limited 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 Corpex Limited cannot guarantee
that any domain name the Customer requests will be available
or approved for use.
10.3 Corpex Limited 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
Corpex Limited, there are reasonable grounds for Corpex Limited
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 Corpex Limited 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 Corpex Limited 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 Corpex
Limited that it will comply with such terms and conditions.
The Customer hereby irrevocably waives any claims it may have
against Corpex Limited 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 Corpex Limited 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 Corpex Limited will take no part in any such dispute. Corpex
Limited reserves the right on becoming aware of such a dispute
concerning a domain name at its sole discretion and without
giving any reason, to either suspend or cancel the relevant
service associated with the domain name and/or to make such
representations to the relevant naming authority as it deems
appropriate.
10.5 Any Internet Protocol address allocated by Corpex Limited
to the Customer shall at all times remain the sole property
of Corpex Limited 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 Corpex Limited 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 Corpex Limited 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 Corpex Limited will
act reasonably and fairly at all times.
12.2 Corpex Limited reserve the right to take any action Corpex
Limited deem appropriate and proportionate to the breach of
the Conditions.
12.3 If Corpex Limited decide that the Customer has breached
the Conditions, Corpex Limited 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. Corpex Limited 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 Corpex Limited 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 Corpex Limited, or at Corpex Limited's
election, the Carrier to conduct all negotiations and proceedings
and give Corpex Limited 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 Corpex Limited not less than ninety (90)
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, Corpex
Limited 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 Corpex Limited ADSL wishes
to end this Agreement before twelve (12) months have elapsed
since the Commencement Date, Corpex Limited shall be entitled
to charge a termination fee. For details of the current termination
fee please contact the Corpex Limited Sales department.
13.3 The Customer may do so by writing to Corpex Limited indicating
the Customer's intention to cancel or transfer and send it to
Corpex Limited.
13.4 Corpex Limited may end this Agreement immediately upon
written notice to the Customer if:
13.4.1 it becomes unlawful for (i) Corpex Limited or the Carrier
supporting the Service to continue to provide the Service; or
(ii) Corpex Limited 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 Corpex Limited for the Service
beyond the reasonable control of Corpex Limited; 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 Corpex Limited 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. Corpex Limited 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, Corpex Limited 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 Corpex Limited 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 Corpex Limited 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 Corpex Limited
is for testing use only and Corpex Limited hereby disclaim any
and all liability arising there from.
16. Indemnity
16.1 The Customer agrees to indemnify and hold Corpex Limited
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 Corpex Limited may retain the Customer's personal data,
and the Customer authorise Corpex Limited 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
Corpex Limited 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 Corpex Limited; and
17.1.7 legal compliance including disclosing it to any third
party who Corpex Limited 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 Corpex Limited up to date.
Corpex Limited may send notices or other information to the
Customer at the address the Customer give Corpex Limited. The
Customer should notify Corpex Limited immediately of any change
to the Customer's personal data by sending Corpex Limited.
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 Corpex Limited to allow Corpex Limited
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 Corpex Limited 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 Corpex Limited.
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 Corpex Limited 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 Corpex
Limited.
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 Corpex Limited 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 Corpex Limited (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 Corpex Limited reserve the right to add to and/or amend
the Conditions at any time. Such changes shall be posted on
Corpex Limited'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 Corpex Limited.
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 Corpex Limited.
24.9 Corpex Limited's ADSL services are billed by Corpex Limited
and will appear on your credit card as 'Internet Services'.
Corpex Limited's VAT number is 672497008.
24.10 The headings to the sections of these Conditions are for
convenience only and have no substantive meaning.
|
|
 |
|
|
 |
| FIND & PURCHASE A DOMAIN NAME... |
 
Please enter search without extension
e.g. 'domain' NOT 'domain.co.uk' |
|
|
 |
|
|
