| Terms and Conditions | | |||
These
terms and Conditions are the only applicable terms in the provision of telecommunication
services by _NAME_ (referred to in the following as 'The Provider') to persons
or entities (referred to in the following as 'The Client').
1.
General
The
Provider offers to the Client a high speed connection to the Internet using whatever
available technology is deemed most appropriate for each particular case, and/or
Telephone services where available and required (referred to in the following
as 'The Service').
The
Client must pay the Provider for the Service according to the Tariff(s) chosen,
and in effect at the particular time.
2.
Addresses and Communications
The
effective postal and email addresses for all and any notifications sent by the
Provider to the Client will be the address given by the Client at the time of
subscription to the Service, and the address of the Provider is _ADDRESS_, _EMAIL_.
In
the event of a change of physical or email address of either party, it is the
responsibility of the party making the change to inform the other party. In the
event that a change of any address is not notified to the other party, then any
communications delivered to the previous address will be deemed to have been delivered.
3.
Coverage and Service Quality
The
Provider has good coverage for the Service in various locations, and is continually
seeking to increase the coverage area.
The
Provider continually carries out activities directed towards maintaining the quality
and reliability of the Service, however in exceptional conditions the quality
of the Service can be degraded below the stated minimum.
4.
Tariffs and Payment
5.
Starting and Ending the Service
The
Provider will, at their sole discretion, commence the Service subject to availability,
quality of coverage, and receipt of the installation fee.
Either
the Provider or the Client may cease the Service at any time by giving the other
party 30 days notice.
Where
the Client is repeatedly in breach of the Fair Usage Policy, the Provider may
end the Service immediately.
6.
Suspension or Limitation of Service
As
the Provider is continually striving to improve the Service, it is sometimes necessary
to replace or upgrade the equipment used in the infrastructure. At these times
there may be brief periods of outage while works are being carried out. The Provider
will give as much notice as possible to the Client in such cases.
In
the event that timely payment is not received by the Provider for the Service,
the Provider may suspend or limit the Service to the Client until payment is received.
Where
the Client’s use of the Service is in breach of the Fair Usage Policy, then access
to the Service may be suspended or restricted until the end of the calendar month.
If
the Provider has grounds to believe that the Client is making illegal or profligate
use of the Service, the Provider may suspend the Service during a period of investigation.
7.
Guarantees and Liability
The
Provider makes all efforts to deliver the service 24/7, however, due to the nature
of the technology employed and other determining factors, such as electricity
supplies, it is impossible to guarantee 100% availability of the Service.
The
Provider assumes no liability arising directly or indirectly from the availability
or otherwise of the Service.
Where
an interruption to Service lasts for 1(one) hour or more, and is caused by negligence
on the part of the Provider, then the Client is due a refund of monies already
paid on a pro-rata basis.
Where
an interruption to Service is caused by events beyond the control of the Provider,
such as, but not limited to, fire, power failure, lightening strike or flood,
then the Provider will take all necessary steps to re-instate the Service as soon
as is practically possible, in which case the Client will not be due a refund
of any monies paid.
8.
Security
The
Provider makes all reasonable efforts to protect the data within the Service.
This is achieved using the appropriate technology available at the time.
To
help protect the security of the Service, the Client will not divulge to a third
party any passwords or codes required to access the Service, or any information
relating to the specific security systems employed by the Provider.
11.
Data Protection
Any
personal data relating to the Client is held by the Provider in a secure system.
The Provider will not divulge any such information to a third party, except under
the direction of Law Enforcement Agencies.
The
Provider will not use any such data for any marketing by the Provider without
the prior consent of the Client.
The
Client has the right to request a copy of any personal data held by the Provider.
This can be obtained by contacting Customer Services on _TEL_, or by writing to
us at _ADDRESS_.
12.
Illegal Usage
The
Client agrees to use the Service for legal purposes only.