Telephone Services
Broadband Services
1. Service
This Agreement sets out the terms on which Continental Telecom agrees to provide
services ("Service") to you. This Agreement commences on the date that Continental
Telecom first accepts your order. This Agreement comprises (i) these Terms of Service;
(ii) our Privacy Policy which is available at www.continentaltelecom.co.uk; and
(iii) our pricing options which are available at www.continentaltelecom.co.uk. Orders
for the Service are accepted at our sole discretion. The expressions, "Continental
Telecom", "we" and "us" and "our" mean Continental Telecom Ltd (company number 05710953),
whose registered office is at 1 Putney Bridge Approach, London, SW6 3JD. The expressions
"you" and "your" mean you the customer.
2. Wholesale line rental (WLR)
WLR means that Continental Telecom will bill you for line rental of your BT™ line
and BT Openreach™ will continue to maintain your line and fix any faults that may
occur. You acknowledge that in order to avoid delays occurring in the ordering process,
Continental Telecom will need to be notified by BT™ of any products or services
presently in use on your line that are incompatible with the WLR service. BT™ is
under a strict duty not to disclose information about a customer’s telephone services
to a third party unless the customer has consented to such disclosure. In signing
this agreement you give consent to BT™ to disclose such information to Continental
Telecom. You also give Continental Telecom authority to act as your agent to arrange
connection onto Continental Telecom services. If Continental Telecom is unable to
take over the billing of your line rental, for whatever reason, you hereby authorise
us to carry your phone calls only through CPS (see below).
3. Carrier pre-selection (CPS)
Carrier Pre-Selection is the routing of your phone calls through a carrier other
than BT™. Your phone line(s) are still maintained by BT™ engineers but the calls
are carried on another network. We may select and at any time change any carrier
or other service provider for the purposes of providing the CPS service. You hereby
irrevocably authorise us to give all notices, nominations and other authorisations
necessary for us to provide the CPS service.
4. Duration
This agreement will have the duration of 24 months and will be automatically renewed on an annual basis unless
and until either of us gives the other written notice of termination at least 90
days before the relevant anniversary. The agreement may be ended immediately by
you if we break a term of this agreement, which after written notice has not been
rectified within 14 days. Either of us may end this agreement without notice if
the other stops trading or becomes insolvent or wound up. We may end this agreement
without giving you notice if you break any of your obligations under clause 6 &
8. On termination of this agreement for whatever reason, you will:
- a. Immediately pay any outstanding invoices.
- b. Be responsible for any required engineering reprogramming costs for you to use
an alternative supplier. In addition, if you terminate this agreement prior to the
end of the period specified on the application form and after your account has been
provisioned (except if you terminate, in accordance with the provisions of this
agreement, as a result of our breach or insolvency or winding up), you will:
- c. Reimburse Continental Telecom for any costs incurred in releasing you from your
contractual obligations with BT™ prior to transferring you to the Continental Telecom
service (if applicable).
- d. Pay us (in addition to clauses 4a and 4b) your monthly line rental of your contractual agreement date or a minimum disconnection fee of 199 + VAT should you terminate your contract within 3 calender months of your legal termination date.
5. Charges
Continental Telecom charges you for using the services covered by this agreement.
Initially you are charged at the rates specified on the application form or published
in our price lists online at www.continentaltelecom.co.uk. Please note:
- a. Charges are calculated from data recorded by us and not from your own records.
- b. Where a direct debit is unpaid due to insufficient funds or cancellation, a £10
administration charge will be included on your next monthly bill.
- c. A charge of up to £20 will be added to your next bill to reinstate services barred
due to non payment of invoice. We may lower our prices and will endeavour to inform
you at least 14 days in advance of any such change. If, during the first 12months
of this agreement, we are forced to increase our call charges to an extent greater
than the increase in the Retail Price Index for the relevant period, you may end
this agreement without paying the disconnection fee. Your service will be transferred
back to BT™ without interruptions and at no cost to you. All Continental Telecom
charges are subject to VAT at the prevailing rate (currently 17.5%).
- d. Line rental, service charges and call packages are billed one month in advance.
- e. Continental Telecom will charge £109.99+ VAT to reinstate lines that have been
ceased due to non payment.
- f. A Charge of £10 may be charged for restricting out going calls due to late payment of an invoice.
6. Payment terms
- a. Monthly variable Direct Debit is the only means of payment of Continental Telecom
invoices and Continental Telecom reserves the right to refuse customers not wishing
to pay by Direct Debit.
- b. You will be notified of any problems with your payments or direct debit instruction.
Arrears and/or unwillingness to maintain payment by direct debit may result in your
lines being restricted. .
- c. Cancellation of the direct debit does not constitute notice of cancellation of
the contract.
- d. You are protected at all times by the Direct Debit guarantee as detailed below.
- e. Continental Telecom will charge an Administration fee for payments tendered by
means other than direct debit. Continental Telecom
reserves the right to increase this amount without notice. Business Customers £2.95 + VAT.
- f. Continental Telecom reserves the right to perform a credit check with no prior
given notice on any legal entity, and to pass the entity’s credit history with Continental
Telecom on to other credit agencies and/or County Court.
- g. Continental Telecom reserves the right to at any time request a deposit, paid
in advance, from the entity should periodical credit checks reveal insufficient
credit scoring or County Court Judgments or if unusual usage and call charges are
incurred. Should this request not be met within 30 days of notification by us we
reserve the right to terminate the contract and to demand full and final outstanding
balance settlement with immediate effect.
- h. Continental Telecom may, at its sole discretion and at any time, impose a credit
limit on your account. Any credit limit imposed can be amended without prior notice.
If you exceed any such credit limit we may demand immediate payment of the Charges
and/or suspend the Service; and you will still be responsible for all Charges incurred
including those exceeding the credit limit.
- i. Continental Telecom will charge a £199 (business customers)+ VAT disconnection fee should your contract
be terminated due to non payment.
- j. Continental Telecom will charge £2.95 + VAT fee for bills sent by means other than
E-billing.
7. Pricing
- a. Calls will be charged and inclusive allowances deducted in one minute increments
(with any part minutes rounded up to the nearest minute) individual charges will
then be rounded up to the nearest penny and your total call charges rounded
up to the nearest penny. In addition, and notwithstanding the preceding sentence,
there is a per call connection charge and the details of these call connection charges
appear in our price list which is available on our Website.
- b. Fair usage policy applies to all unlimited call packages. Continental Telecom reserves the
right to switch customers with excessive call volume (e.g. telemarketers, call centers
etc.) to a more appropriate tariff at any time. The customer will have the option
to cancel the service at no extra charge if switching to a new tariff is not acceptable.
- c. Local & National calls are numbers beginning 01, 02 and 03 only and do not include Non-geographic
numbers (0845, 0870 etc) and Internet access numbers.
- d. Mobile call rates refer to calls to T-Mobile, Orange, Vodaphone and O2 only.
- e. International rates charged under the calling card package are billed per minute.
- f. A five pence set-up charge is applied to all calls except mobile calls. A nine pence connection
charge is applied to all mobile calls.
- g. A set-up charge will not be incured for calls made to 01, 02 and 03 numbers on all tariffs except pay as you go.
- h. A one off registration fee of twenty-five pounds (sterling) will be incured to all new customers who requests any Continental Telecom service directly by means other than our web site (www.continentaltelecom.co.uk) or by calling our sales team directly on 0800 849 80 10.
8. Your responsibilities
We agree to provide you with the service as specified on the online application form subject
to the provisions of this agreement. You agree:
- a. To use the services in accordance with this agreement, any instructions given
by us from time to time and any laws, regulations and licenses which apply to the
use by you of the services.
- b. Not to allow an alternative supplier to override or bypass our service either
through the installation of equipment or through the BT™ local exchange.
- c. To be responsible for any engineering reprogramming costs or equipment removal
costs that may be required to terminate the service of any previous supplier.
- d. Not to use the service to transmit any material which may be abusive, offensive,
obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience
or needless anxiety to anyone or to commit a fraud or other criminal offence.
9. Repairs to service
- a. BT™ Openreach will continue to maintain your line and will continue to fix any
faults that may occur. We will use our best endeavours to correct any defect or
fault in the services provided to you as rapidly as possible. Fault Notification 0800 8498010.
- b. Continental Telecom reserves the right to apply £85 +VAT engineering call out
charge if a fault is found to be on your own equipment or caused by accidental damage.
Additional time related charges may also be added.
10. Suspension of service
We may suspend the service (without being liable to compensate you):
- a. in the event of a local or national emergency
- b. to comply with a request from a government or other competent authority
- c. to protect or provide service to rescue or other essential services or otherwise
- d. to maintain the quality of our services
- e. if we reasonably believe that you will fail to pay any amount due to us (whether
or not we have issued you an invoice)
- f. if an event occurs which is beyond our reasonable control
- g. If you break any part of this agreement.
- h. If we have good reason to suspect fraudulent activity or misuse of our services
or any other breach by you of this agreement.
11. Liability
- a. neither of us will have to compensate the other for any detrimental event beyond
the other's reasonable control
- b. In this agreement, ‘beyond reasonable control’ includes any act of God, reduction
or failure of power supply, other telecommunication operators and suppliers or their
equipment including access lines, act or omission of national or local government
authority, war, act of terrorism, military operation, riot or delay, employee dispute,
or supply of equipment by third parties.
- c. In any event, we will not have to compensate you for any harm to your business,
lost revenues, loss of anticipated savings, lost profits or other indirect, consequential
or special losses nor for any charges incurred by you with another call carrier.
12. Fair usage policy
If during any monthly billing cycle you exceed the fair usage limits set out below,
we reserve the right to switch your tariff to the pay as you go calling tariff for that month only.
The Unlimited UK Calls tariff is subject at all times to a limit of
1000 minutes in aggregate during each monthly billing cycle for
outgoing calls when calling UK landline numbers starting with 01, 02
and 03 only.
13. General
You may not transfer this agreement or any rights under it without our prior written
consent. If any provision or condition of this agreement shall be invalid or unenforceable,
the remaining terms shall continue to apply. This agreement and the documents referred
to in it represent the entire contract between us, to the exclusion of any terms
subject to which you may accept, or purport to accept, the service. Any variations
(other than changes made in accordance with this agreement) shall be accepted by
both of us in writing. If there is any inconsistency between this agreement and
the application form, the application form shall take precedence. Any failure by
either of us to enforce any right shall not be deemed a waiver of any such right.
The English Courts shall have exclusive jurisdiction for the purposes of determining
any dispute or other matter which arises out of or in relation to this agreement.
This
document sets out the Terms and Conditions of your use of the
Broadband services provided by Continental Telecom (“We”,
“Us”, “Our”) and comprises the entire
agreement for your use of our Broadband services ("the
Agreement"). Any changes or additions to these Terms and
Conditions or Broadband Services must be agreed to in writing by
Continental Telecom. All other terms, express or implied by statute
or otherwise, are excluded to the fullest extent permitted by law.
These
Broadband Terms and Conditions apply in conjunction with the Terms
and Conditions of your Telephony Terms and Conditions. On cessation
of the Telephony Agreement in accordance with paragraphs 4a; 4b; 4c
and 4d of said agreement, paragraphs 5a; 5b and section 6 of the
Terms and Conditions of the said agreement will continue to apply to
this Agreement.
1 Commencement and Duration of this
Agreement
2 Our Provision Of The Services
2.1 We will endeavour to provide Broadband Services
by any date provisionally agreed with you, we have no liability for
any failure to meet any date. We can only provide services in areas
of the United Kingdom in which we are technically able to offer
Broadband services from time to time.
2.2 In
order to use the Broadband Services, you need an existing BT
analogue telephone line and a personal computer of a minimum
specification as per Clause 4. You must also ensure that compatible
cables and extension leads are used to and from your telephone
socket, modem and PC in order to use the service. You acknowledge
that we are dependent upon certain third parties to install and
provide the Broadband Services to you. You also acknowledge that
there may be technical limits that prevent us from delivering an
operational service to you. We will endeavour to provide the
Broadband Services to you at the access rate you choose but, due to
congestion within the network, the ability of your BT line to carry
data services, distance from the exchange; the speed of service may
be reduced at times.
2.3 You
must cancel any other broadband service supplied by another company
through the BT telephone landline that you wish to use to receive
our broadband service and your BT telephone landline at your
location must be clear of your former supplier's broadband service.
Alternatively, you must provide us with a valid migration code to
transfer the broadband service from your current supplier. 2.4 We do
not undertake to provide a fault free service. If, however, a fault
occurs, you should report the fault by telephone, electronic mail or
in writing to the Support Service. We will use our best endeavours
to correct any defect or fault in the services provided to you as
soon as possible. We will let you know as soon as reasonably
practicable of any periods of downtime of the Support Service.
2.5
Continental Telecom will not be responsible for any Faults arising
from customer’s premises equipment. A £144 call out
charge will be applied to engineering visits where the fault is
found to be with your equipment.
2.6
Modem Support: Modems purchased directly from Continental Telecom
will receive technical support within their warranty period.
Technical support for modems acquired from any other source is
therefore the responsibility solely of the modem manufacturer.
2.7
We may suspend the Broadband Services including during scheduled
periods of downtime where necessary for operational reasons such as
repair, maintenance or improvement of the Broadband Services or
because of an emergency. Continental Telecom will restore the
Broadband Services as soon as it reasonably can after suspension.
2.8 We
may, for operational or other reasons, change any codes or the
numbers allocated to you or the specification of the Broadband
Services but any such changes will not materially affect the
Broadband Services.
2.9 We
reserve the right to vary the Content (as defined in clause 5.2
below) from time to time in our sole discretion and do not guarantee
or warrant that any particular item or items of Content will be
available at any given time or at the commencement of the Broadband
Services.
2.10 We
may immediately suspend your access to the Broadband Services in the
event that you do not pay an invoice in accordance with Clause 3.
2.11
If you currently receive a Broadband service from an alternative
supplier you are responsible for any contractual agreement you have
with them and any liabilities you may incur for terminating your
current agreement.
3 Charges
3.1 Continental Telecom charges you for using the
Broadband Services covered by this Agreement. Initially you are
charged at the rates specified on the application form or published
in our price lists. All charges are exclusive of any VAT. Please
note:
3.1.1
Continental Telecom will charge £69.99+
VAT to reinstate lines that have been ceased due to non payment
3.1.2 If
you change address, you may transfer the Broadband Services to your
new address on payment of the moving fee of £51.99 + VAT.
3.1.3
Charges for your Broadband Services will be incorporated into your
monthly Continental Telecom invoice (web billing or paper billing).
We also reserve the right to send your monthly invoice by email
every month.
3.1.4
Continental Telecom will charge a £69.99+ VAT disconnection
fee should the agreement be terminated due to non payment.
3.1.5 In
the event that all telephone lines on the said agreement have
transferred away or been ceased but the broadband connection is
still billing on that said agreement your current tariff will
increase by £3 + VAT.
3.1.6
Continental Telecom will charge £69.99+ VAT cancellation fee
should the agreement be terminated within the agreed contract period
length from the Commencement Date.
3.1.7
If you end your contract for Broadband Services with us and do not
request and use a MAC, we reserve the right to charge, and you agree
to pay us a cessation fee to cover any cancellation charge that we
must pay BT and our associated administration costs. The cessation
charge will not be payable if you are moving home and either you
have subscribed to our Broadband Services at your new address or we
are unable to provide the Broadband Services at your new address.
4 Equipment
4.1 You will ensure that any equipment that you attach (directly or
indirectly) to the Broadband Services is technically compatible with
the Broadband Services and that its use does not breach any relevant
legislation or telecommunications industry standards.
4.2
Minimum system requirements:
Windows
98 SE (Second Edition), Windows Me (Millennium Edition), Windows,
2000 or Windows XP or Macintosh operating system versions 9.1 or
later
550MHz or above CPU
A minimum of 20 GB available hard disk space
A minimum of 128 MB RAM
An
available USB port or an Ethernet port.
5 Your Use of the Broadband Services
5.1 These Broadband Services are provided solely for your use and
you must not resell or attempt to resell the Broadband Services (or
any part of it) to any third party. In addition, if you have a mail
server, you must not allow relay emails from outside your domain
from your mail server.
5.2 We
do not warrant or guarantee the accuracy or completeness of any of
the information, sound, software and any other materials (in
whatever form) and services made available to you as part of the
Broadband Services (the "Content") or any further
information or results which may be derived from it. You acknowledge
that you will not rely on any Content in making any business or
other decision and that your use of the Content is at your sole
risk.
5.3
Please note that there may be additional conditions (either ours or
those of a third party) displayed on line relating to particular
Content. These conditions will also form part of this agreement
should you access such Content.
5.4 You
are entirely responsible for evaluating any goods or services
offered by third parties via the Broadband Services or on the
Internet. We will not be a party to or in any way be held
responsible to you for any transaction between you and third
parties.
5.5 You
warrant that any information you make available on your website,
both yours ("Customer Information") or that of a third
party ("Third Party Content") is and will remain wholly
accurate and will not include any information or material, any part
of which, or the accessing of which or use of which, would be a
criminal offence or is otherwise unlawful.
5.6 You
also warrant that you will comply with all consumers and other
legislation, instructions or guidelines issued by regulatory
authorities and relevant licences which relate to the provision of
the information on your website including those notified by us to
you.
5.7
You must not use the Broadband Services:
5.7.1 in
a way that breaches any legislation or any licence applicable to you
or that is in any way unlawful or fraudulent; or
5.7.2 to
deliver, knowingly receive, upload, download, use or re-use any
information or material which is abusive, defamatory, obscene or
menacing, or in breach of any copyright, privacy or any other
rights; or
5.7.3 to
send or procure the sending of any chain letters or unsolicited
advertising or promotional material (“spamming”); or
5.7.4 in
a way that does not comply with our specific instructions.
5.7.5 to propagate computer worms or viruses
5.7.6 to
attempt to gain unauthorised entry to any site or network
5.7.7 to
distribute child pornography, obscene or defamatory material
5.8 You
will fully indemnify us against all losses, damages, amounts paid by
way of settlement, costs and expenses (including legal fees) of
whatsoever nature suffered or incurred by us arising out of or in
connection with any actual or potential claims or legal proceedings
against us by a third party because of your use of the Broadband
Services in breach of the provisions of this Clause 5. We shall
notify you of any such claims or proceedings and inform you
regularly as to the progress of such claims or proceedings.
5.9 You
acknowledge that Broadband Services are provided to other users and
we owe a duty to these users as a whole to preserve our network
integrity and avoid network degradation. If, in our reasonable
opinion, we believe that your use of the Broadband Services has or
may adversely affect such network integrity or may cause network
degradation we may change your chosen access rate or manage your
Broadband Services as we see fit in the circumstances.
5.10 We
operate a fair usage policy to protect the quality of service to our
customers. If we believe your use of the broadband service is
adversely affecting our network (or any part of it) or our other
customers we reserve the right to manage or regulate your usage in
accordance with the fair usage policy.
5.11
We may require you to reimburse us for any reasonable and
foreseeable losses, costs and expenses which we incur as a direct
result of the misuse of the broadband service either by yourself or
by someone you have knowingly allowed to use the Broadband Service
we provide to you.
6 User names and Passwords
6.1 You must ensure that user names and passwords used in connection
with the Broadband Services are kept confidential and are only used
by authorised users. Please inform us immediately if you know or
suspect that a user name or password has been disclosed to an
unauthorised user or is being used in an unauthorised way. You must
not change or attempt to change a user name without our written
consent.
6.2 We reserve the right (at our sole discretion):
6.2.1 to suspend user names and password access to the Broadband Services if
at any time we think that there has been or is likely to be a breach
of security; and
6.2.2 to
ask you to change any or all of the passwords you use in connection
with the Broadband Services.
6.3 You
must inform us immediately of any subsequent changes to the
information you supply to us when you register for the Broadband
Services.
6.4
You accept and acknowledge that the Broadband Services, like other
Internet applications, are not secure and we do not guarantee the
prevention or detection of any unauthorised attempts to access the
Broadband Services.
7 Personal Data
7.1 We may contact you before, during and after the term of this
Agreement in order to administer, evaluate, develop and maintain the
Broadband Services. Please note that we may record your telephone
calls with us and we will keep a record of personal information you
provide to us in connection with the Broadband Services.
7.2 We
will comply with our obligations under the Data Protection Act 1998
and other any applicable data protection legislation. You are also
required to comply with all data protection legislation. In
addition, you must maintain all required registrations, including
those reasonably requested by us to enable us to process your
personal data in connection with our performance of our obligations
under this Agreement.
7.3 By
registering for the Broadband Services you consent to our using
and/or disclosing your personal information for the following
purposes:
7.3.1
processing your application (which may involve credit checking by a
licensed credit reference agency who may record that a credit check
has been made and disclosing certain personal and account details to
a bank for the purposes of setting up a direct debit account);
7.3.2
providing or arranging for third parties to provide Customer
Care/Help Desk facilities and billing you for the Broadband Services
(which may involve disclosing your information to third parties
solely for those purposes); and
7.3.3
to selected third parties for the purposes of providing and
operating the Broadband Services.
8 Intellectual Property Rights
8.1 You warrant that you are the owner of, or that you are
authorised by the owner of, any trade mark or name that you wish to
use as your registered Domain Names ("Domain Names") and
use as part of your uniform resource locator ("URL").
8.2
If we undertake Domain Names and URL registration on behalf of you,
you will reimburse us for any registration fees paid by Continental
Telecom to the Internet registration authorities. We do not
guarantee that any Domain Names or URL requested by you will be
available.
8.3 We
may require you to select a replacement Domain Names or URL and may
either refuse to provide or may suspend the Broadband Services if we
reasonably believe that the Domain Names or URL is, or is likely to
be, offensive, abusive, defamatory or obscene or in breach of the
provisions of Clause 5.7.
8.4 Any
patents, design rights, know-how, copyrights, trade marks, the right
to use software and all other similar intellectual property
proprietary rights (whether registered or unregistered) worldwide
("Intellectual Property Rights") relating to the Broadband
Services, including backup and computer security software packages,
or arising during the development of the Broadband Services, belong
to us or to a relevant third party.
8.5
The Content is protected by copyright, trademark and other
Intellectual Property Rights, as applicable. You must not and must
not permit anyone else to copy, store, modify, distribute
externally, broadcast or publish any part of the Content, and the
Content may only be used for your own purposes.
9 Intellectual Property Right Indemnity
9.1 You will fully indemnify and hold us harmless
against all losses, damages, amounts paid by way of settlement,
costs and expenses (including legal fees), of whatsoever nature,
suffered or incurred by us as a result of any claims or proceedings
arising from infringement of any third party's Intellectual Property
Rights by reason of your use or publication of the Customer
Information, the Content
or Third Party Content.
10 Software
10.1 Where we provide software to you to enable you to use the
Broadband Services, including computer security services
("Software"), we grant you a non-exclusive,
non-transferable licence to use the Software solely for the term and
purposes of the Agreement. You use this software at your own risk.
You agree to use the software only in accordance with the End User
License Agreement, which you will be required to accept in order to
install the software.
10.2 Any
software provided to you as part of the Broadband Services is
provided for your use only. You must not re-sell, rent, transfer,
assign or sub-license the software to anyone else. You may make one
copy of the software for back up purposes, but are not otherwise
allowed to copy, decompile or modify the software (in whole or in
part) for any purpose unless specifically permitted by law. You may
not adapt, transmit, distribute externally, play or show in public,
broadcast or publish any part of the software. Except as permitted
by applicable law or as expressly permitted under this Agreement you
must not copy, de-compile or modify the Software (in whole or in
part), or copy the manuals or documentation (in whole or in part).
10.3
We may offer updates or modifications to the Software or
documentation and we will notify you of any applicable charges for
such updates or modifications at the time we offer them to you.
11 Limitation of Liability
11.1 Nothing in this Agreement excludes or limits each party's
liability with respect to death or personal injury resulting from
the negligence of that party, its employees, agents or
subcontractors or for fraudulent misrepresentation or under the tort
of deceit.
11.2 We
shall not be liable to you, whether in contract, tort (including
negligence) or otherwise, for direct or indirect loss of profits,
business, revenue, any contract, opportunity, or anticipated
savings, loss of goodwill or injury to reputation, nor for any
indirect or consequential or special loss or damage or for any
destruction or loss of use of any data, including any corruption of
data or losses arising from your use of or failure to use the
computer security software, whether any such losses could be
reasonably foreseen by us or not.
11.3
Subject to Clauses 11.1 and 11.2, our liability to you in contract,
tort, negligence or otherwise arising out of or in connection with
this Agreement shall for any one incident or series of related
incidents be limited to the annual fees paid by you to us in the
year in which the liability first arose.
11.4 We
are under no obligation to edit, review or modify Customer
Information or Third Party Content. However, we reserve the right to
remove any Customer Information or Third Party Information without
notice.
11.5 We
exclude all liability of any kind in respect of:
11.5.1
Customer Information, Third Party Content, Content and any other
material on the Internet which can be accessed using the Broadband
Services and we are not responsible in any way for any goods
(including software) or services provided by third parties
advertised, sold or otherwise made available by means of the
Broadband Services or on the Internet;
11.5.2
the accuracy, completeness or suitability for any purpose of any
Content; and
11.5.3
the acts or omissions of other providers of telecommunications or
Internet services (including Domain Name registration authorities)
or for faults in or failures of their equipment.
12 Termination of this Agreement
12.1 We may at any time (whether during the Initial Period or
otherwise) terminate this Agreement giving 90 days notice to you.
12.2 We
may at our sole discretion terminate this Agreement or suspend the
Broadband Services immediately, in the event that:
12.2.1
we are directed by any competent authority to cease the provision of
the Broadband Services or any part of it; or
12.2.2
you fail to pay any charges for the Broadband Services; or
12.2.3
any credit card or direct debit details submitted by you for payment
are found not to be or cease to be valid; or
12.2.4
if you use the Broadband Services in contravention of any of Clauses
5, 6 and 8; or
12.2.5
your contract with us or your telecoms provider for your direct
analogue exchange line is terminated; or
12.2.6
our contract with any third party who assists us in providing the
Broadband Services to you is terminated; or
12.2.7
we become aware of any breach of third party Intellectual Property
Rights caused by the Customer Information or the Third Party
Content; or
12.2.8
you are in breach of our Fair Usage Policy
If we suspend the Broadband
Services in accordance with this Clause 12.2, we may, at any time
following such suspension (and if the circumstance in Clause 12.2
remains) immediately terminate the Agreement.
12.3 You have the right to cancel this Agreement by giving written
notice within 5 days from the date of acceptance of this Agreement.
If we have supplied you with a Modem as part of a promotional offer
you must either pay for the Modem or return such Modem to us unused
and in the original undamaged packaging.
12.4
You may terminate this Agreement on giving at least 1 month's
notice, such notice to be effective no earlier than the end of the
first 24 months period.
You must
pay all Fees for the Broadband Services until the date on which the
termination notice expires.
12.5 You
may also terminate this Agreement at any time on giving at least 1
month's notice if you move to a new address to which it is not
possible to provide the Broadband Services on production of proof of
your changed address.
12.6
Either party may terminate this Agreement immediately, on notice, if
the other commits a material breach of this Agreement and fails to
remedy the breach within 28 days of a written notice to do so, or if
the other goes into liquidation, becomes bankrupt, has a receiver
appointed, makes a composition or voluntary arrangement with
creditors or enters into administration, or a moratorium comes into
force in respect of the other (within the meaning of the Insolvency
Act 1986).
12.7
Upon termination or expiration of this Agreement registration to any
of our services or those of third parties provided in the course of
and/or for the purposes of the Broadband Services will cease at such
time as the provision of the Broadband Services ends.
13 Force Majeure
13.1 Neither party will be
liable to the other for any failure to deliver the Broadband
Services or for any breach by it of this Agreement, where such
failure or breach is due to a reason outside the reasonable control
of such party, including, but not limited to: lightning,
exceptionally severe weather, fire, explosion, war, industrial
disputes, government action or regulation or national or local
emergency. If such failure to deliver continues for more than 3
months after the commencement of such failure, then either party may
terminate this Agreement
on notice in writing to the other party.
14 General
Provisions
14.1 We may change the provisions of this Agreement (including the
charges) at any time, provided that we will give you notice of the
changes at least 14 days before the change is to take effect at
which time you may terminate this Agreement if the change materially
affects the Broadband Services.
14.2
This Agreement represents the entire agreement between the parties
in relation to its subject matter and supersedes all agreements and
representations made by either party, whether oral or written.
14.3 The
parties acknowledge and agree that:
14.3.1
the parties have not been induced to enter into this Agreement by
any representation, warranty or other assurance not expressly
incorporated into it; and
14.3.2
in connection with this Agreement the parties' only rights and
remedies in relation to any representation, warranty or other
assurance are for breach of this Agreement and that all other rights
and remedies are excluded, except in the case of fraud.
14.4
This Agreement does not create any rights under the Contracts
(Rights of Third Parties) Act 1999 that are enforceable by any
person who is not a party to it but this does not affect any right
or remedy of a third party which exists or is available apart from
that Act.
14.5
Notices given under this Agreement must be in writing and may be
delivered by hand, courier or first class post, by fax or e-mail to
the following addresses:
(a)
to us at the relevant address provided during the registration
process for Continental Telecom or any alternative address which
Continental Telecom notifies to you;
(b)
to you at the relevant postal or email address provided as part of
the details which you submit during the registration process or any
alternative address that you provide to Continental Telecom.
14.6 You
may not assign sub-contract or transfer any of your rights or
obligations under this Agreement.
14.7 If
any part, term or provision of this Agreement is held to be illegal
or unenforceable the validity or enforceability of the remainder of
this Agreement will not be affected.
14.8
If either party delays in acting upon a breach of this Agreement
that delay will not be regarded as a waiver of that breach. If
either party waives a breach of this Agreement that waiver is
limited to that particular breach.
15 Law
16 Access to End-User Premises
16.1 To enable Continental
Telecom to carry out its obligations under the Agreement, the
End-Users must provide to representatives of Continental Telecom and
any Broadband Access Provider access to all End-User Premises at all
reasonable times, including access for the purposes of installation,
inspection, maintenance, replacement, upgrade, or removal of the
Broadband Access Connection and any equipment associated with it.
*
Some lines with Continental Telecom broadband may have part of the
service carried on other networks.