The Terms below set out the basis on which we will provide services to you. You must read these Terms carefully and, if you wish to proceed, confirm your acceptance of these Terms by clicking on the button marked "Accept" below (online) or signing where appropriate (offline). If you are unsure or are not prepared to agree with any of the Terms please click "Decline" (online). If we agree to provide the Service to you on this basis then we will send you an acknowledgement of order. Section I contains the general terms and Section II terms relating to specific services.
1.1 In these Terms, the following words shall (unless the context otherwise requires) have the following meanings:
2.1 We agree to provide to you the Services for the Fees.
2.2 We will use all reasonable endeavours to provide the Services without interruption and materially error-free.
2.3 You acknowledge that our obligations may be carried out on our behalf by a Carrier or other sub-contractor or agent.
3.1 You agree to pay the Fees as shown on the order form upon request.
3.2 You are responsible for the cost of all charges for telephone or cable services you incur while using the Services.
3.3 You agree that all information you have given to us is correct and that you will inform us if it changes. You accept that you will be liable for Additional Charges if you give us incorrect information that we act on.
3.4 You agree to indemnify us and any Carrier against any loss either of us may suffer from your use of the Services.
3.5 You agree that you will:
3.5.1 comply with any reasonable instructions or directions issued by us from time to time in respect of the Services;
3.5.2 conform to such protocols and standards as are issued from time to time in respect of the use of the Internet or the Services;
3.5.3 fully indemnify us against any costs and claims from any third party resulting from your acts or omissions in respect of the Services; and
3.5.4 comply with all applicable legislation (including but not limited to matters arising under the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000).
3.6 You agree that you will not (and you will ensure that your employees, agents and sub-contractors do not):
3.6.1 use the Services for any unlawful purpose or in contravention of any English or other law. This includes but is not limited to:
1. any act or omission which will or is likely to infringe the intellectual property rights of a third party;
2. the transmission, display, downloading or uploading of any material or text which is or is likely to be construed as defamatory, offensive, abusive, obscene or which will or is likely to cause unnecessary anxiety or inconvenience to a third party;
3. use of the Services in any way which is or is likely to violate or infringe the rights of any individual, firm or company in the United Kingdom or elsewhere.
3.6.2 to send or procure the sending of unsolicited advertising or promotional material; or
3.6.3 in a way that does not comply with any instructions given by us for reasons of health, safety or the quality of the Carrier's telecommunications services or our system use the Services in anyway that will or is likely to make excessive use of our network (including but not limited to spamming).
3.7 The person signing the Order Form warrants his or her authority to bind you to this Agreement.
4.1 SAVE AS REQUIRED BY LAW WE DO NOT WARRANT THE SERVICES (OR ANY OF THEM) AGAINST FAILURE OF PERFORMANCE. WE DISCLAIM AND YOU WAIVE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR THE EQUIPMENT, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OBLIGATION, LIABILITY, RIGHT, REMEDY, CLAIM IN TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF US (WHETHER EXPRESS OR IMPLIED) SO FAR AS THE LAW PERMITS.
4.2 You agree that we are not liable in contract or tort (other than fraudulent or negligent misrepresentation) or otherwise arising out of or in connection with these Terms for economic loss (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, indirect or consequential losses whether or not such losses were within our contemplation, suffered or incurred by you or any third party arising out or in connection with the provisions of the Services (or any part of them).
4.3 Subject to clause 4.4 our total liability to you arising out of or in connection with this Agreement and the performance or observation of our obligations under them shall be limited to the greater of aggregate to the amount paid by you to us in the twelve months prior to the date on which your claim arose and £1,000.
4.4 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from our negligence or that of the carrier, our employees or sub-contractors.
5.1 All title, rights and interest (including but not limited to ownership and IPR) in the Services remain with us the Carrier and our suppliers. You acknowledge such title, interest and rights and you shall not take any action or omit to take any action which will or is likely to jeopardise, limit or interfere in any manner such title, right or interest.
5.2 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 you under clause 2.1 gives you no rights to such content. If you wish to use such content, You must ensure that you have the appropriate consent or licence of the content owner.
5.3 You acknowledge that you shall have no rights to any IPR in the Services.
6.1 Independent of any additional rights to terminate set out in Section II, we may terminate or suspend your use of the Services (or any of them) at any time, at our sole discretion, if you breach any term of these Terms.
6.2 Unless terminated as set out elsewhere, this agreement will continue until you give us at least thirty (30) days' written notice. Such notice will terminate this Agreement.
6.3 Upon termination of this agreement your right to use Service shall immediately terminate and you shall immediately stop using the Service.
7.1 Each of us shall while we are providing Services under these Terms and thereafter keep secret and confidential all business, technical or commercial information disclosed to one of us by the other or otherwise which belongs to the other its sub-contractors, carriers, telecommunication providers or clients (and shall procure that its agents and/or employees are similarly bound) and shall not disclose the same to any person save to the extent necessary to perform its obligations in accordance with the terms of these Terms or save as expressly authorised in writing to be disclosed by the other.
7.2 The obligation of confidentiality contained in clause 7.1 shall not apply or (as the case may be) shall cease to apply to business, technical or commercial information which:-
7.2.1 at the time of its disclosure by the disclosing Party is already in the public domain or which subsequently enters the public domain other than by the breach of these Terms;
7.2.2 is required to be disclosed under applicable law or order of a court of competent jurisdiction or government department or agency or by the London Stock Exchange, provided that prior to such disclosure the receiving Party shall advise to the disclosing Party of the proposed form of disclosure.
8.1 You accept that we may, in accordance with legal requirements, have to disclose information to governmental organisations (including the police) in respect of your use of the Services. Subject to any legal prohibitions to the contrary we will notify you of such disclosure as soon as reasonably possible.
8.2 We may from time to time wish to notify you of additional services provided by us or third parties that we believe may be of interest to you. If you do not want to receive such information please write to us at the address for notice.
8.3 We shall not be liable for any breach of our obligations hereunder resulting from causes beyond our reasonable control including but not limited to fires, strikes (of own or other employees) insurrection, or riots, embargoes or delays in transportation, inability to obtain supplies, acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers.
8.4 Any notice required or permitted under the Terms must be in English and be sent to us at any of the following addresses:
FastVision Ltd
41 - 47 Fairview Road
Cheltenham
Gloucestershire
GL52 2EJ
Tel: +44 (0)870 020 3536
Email: notices@fastvision.net
Any notice to be sent to you will be sent to the address which you provide when applying for the Services unless you notify us otherwise.
8.5 These Terms do not create a partnership, joint venture, agency or franchise relationship.
8.6 You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the rights or obligations (including the Services) arising under these Terms without our prior written consent.
8.7 Notwithstanding any provision to the contrary, nothing in these Terms will create or confer any rights or other benefits whether in accordance with the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, us or the Carrier.
8.8 The headings to the sections of these Terms are for convenience only and have no substantive meaning.
8.9 These Terms are governed by the laws of England and Wales and we both submit to the exclusive jurisdiction of the English Courts.
8.10 If and in so far as any part or provision of these Terms is or becomes void or unenforceable it should be deemed not to be and never to have been nor formed a part of these Terms and the remaining provisions of these Terms shall continue in full force and effect. in such an event, we shall meet with you to discuss the void and unenforceable provisions and shall substitute therefore a lawful and enforceable provision which so far as possible results in the same economic effects.
8.11 This Agreement may not be amended, varied, supplemented or otherwise modified unless agreed by us in writing.
8.12 The failure by us to insist on the performance of any of the provisions of these Terms shall not be construed as a waiver or a relinquishment of that our rights to future performance of such provisions and your obligation in respect of such future performance shall continue in full force and effect.
8.13 This Agreement supersedes any previous agreement between us and you in relation to the matters dealt with in it and you acknowledge and agree that you have not entered into this Agreement in reliance upon any representation, or statement or whether oral or written) made or alleged to have been made by us or our agents.
9.1 You will immediately upon becoming aware of the same report any fault in the Equipment or the Service to us by e-mail support@fastvision.net or by telephone +44 (0)870 020 3536.
9.2 You acknowledge that occasionally we and/or our Carrier may have to temporarily interrupt the Service or change the specification of the Service for operational reasons or because of an emergency. In these circumstances you shall have no claim against us for any such interruption or change.
This section of Section II relates only to Web Hosting Services.
1.1 In this Part, the following terms shall have the following meanings:
2 We agree to provide the Service to you from the Start Date.
3 If you receive notification from us or any third party that any material on your web site is defamatory, in breach of copyright or illegal you will inform us forthwith and, if so requested, remove the same.
This section of Section II relates only to E-mail Services.
1.1 In this Part, the following terms shall have the following meanings:
2 We agree to provide the Service to you from the Start Date.
3 The Virus Scanning Service
3.1 Description of the Service
3.2 Procedure
3.3 Limitations
This section of Section II relates only to Domain Name Registration and does not take effect if no domain name registration is requested.
1.1 In this Part, the following terms shall have the following meanings:
2 In the event that the domain name you require is not available then we will inform you of this and request alternatives. Domain names will not be transferred unless all outstanding fees and charges have been paid.