1 INTERPRETATION AND DEFINITIONS
1.1 This contract governs the provision of Localinet service to the customer.
1.2 "The Service" means the services provided by Localinet to enable the customer to access the Internet and, where applicable, any services and facilities provided by Localinet in connection with the Service.
"Customer" means the person, or group of people, who receive the service from Localinet under the terms of this contract;
"ID" means "User ID", the unique account identity issued to each customer;
"Terminal" means all equipment and software used by a customer to receive the service;
"Subscription fee" means the amount payable by the customer for access to the service;
"Charges" refers to money owed by the customer as a result of using any charged facility or service.
1.3 These terms and conditions are subject to the laws of England and the customer hereby submits to the jurisdiction of the English Courts.
2 PROVISION OF Localinet LIMITED SERVICE
2.1 The service shall comprise of such services and facilities provided at such times, during such periods and in such circumstances as Localinet shall decide from time to time.
2.2 The customer's access to the service may be occasionally restricted to allow repairs, maintenance, implementation of new facilities and archiving.
2.3 Any application or request made by the customer to Localinet for any change in service must be made in writing, unless both Localinet and the customer agree upon another method of notification.
3 RIGHTS RESERVED BY Localinet.
3.1 To alter or amend its arrangements for the customer's access to the service,
3.2 To give instructions about use of the Service which Localinet thinks reasonably to be necessary in the interests of safety, or of the quality of Service to localinet's other customers and any such instructions shall whilst they are in force, be deemed to form part of this contract.
4 USE OF THE SERVICE
4.1 The customer shall not, nor permit any other person to, use the Service:
4.1.1 to send or receive any material which is abusive, indecent, obscene, defamatory, racist, offensive, menacing or in breach of confidence, copyright or any other rights;
4.1.2 to cause annoyance, inconvenience or needless anxiety
4.1.3 other than in accordance with the acceptable use policies of any connected networks and the Internet Standards
4.1.4 to send unsolicited advertising or mailshots of any kind;
4.2 The customer may not assign, transfer or 'sub-let' his or her right of access to the service.
5 ACCESS TO THE SERVICE
5.1 Localinet shall not be held responsible for the customer's inability to access the service due to incompatibility between a customer's terminal equipment and any equipment used by Localinet .
5.2 The customer will still be liable to any charges for the service if they become unable to access the service for any period of time.
5.3 Localinet shall not be held liable for any inability to access the service due to faults in any communications network between the customer and Localinet.
6 CHARGES FOR THE SERVICE
6.1 Localinet shall collect any charges relating to facilities available on the service.
6.2 Localinet may alter the subscription fee or any of its charges at any time by giving notice of the change on the service before the new charges are levied against the customer.
6.3 The subscription fees are payable in advance and are not refundable, except where stated otherwise.
6.4 Charges and subscription fees shall be payable on demand.
6.5 Localinet shall collect any charges accrued by the customer or anyone using the customer's ID at any time.
6.6 Charges are exclusive of value added tax unless otherwise stated.
6.7 Charges and subscription fees do not include charges for any communications service used to connect the customer to the service unless otherwise stated.
6.8 Localinet shall charge interest on any unpaid amounts at a rate decided by Localinet from time to time.
6.9 Cheques returned unpaid by the customer's bank shall incur an administration charge.
7 TERMINATION AND SUSPENSION OF SERVICE
7.1 If a customer:
7.1.1 fails to pay any subscription fees or charges;
7.1.2 is the subject of a bankruptcy order;
7.1.3 fails to follow any part of this or any contract that it holds with Localinet;
7.2 Localinet may (without prejudice to any other right or remedy):
7.2.1 suspend the customer's access to the service whilst the customer continues to pay any of the charges and subscription fees
7.2.2 after giving written notice, terminate the contract between the customer and Localinet. The unused portion of the customer's subscription fee will not be returned.
7.3 Localinet may terminate the customer's access to the whole or any part of its services at any time and for any reason by giving written notice and returning the unused portion of the subscription fee.
7.4 The customer may terminate their access to the service by providing written notice.
7.5 Any notice of cancellation/termination the customer sends will take effect at the end of the calendar month in which the notice was received.
7.6 If for any reason the contract between the customer and Localinet is terminated the customer shall remain liable for all outstanding charges and subscription fees and this contract shall continue to cover any material sent by the customer for as long as it remains on the service.
8 LIMITATION OF LIABILITY
8.1 Localinet has no obligation, duty or liability for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
8.2 The customer acknowledges that Localinet has no control over the information transmitted via the Service and that Localinet does not examine the use to which customers put the Service or the nature of the information they are sending or receiving. Localinet hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
8.3 Localinet is in no circumstance, liable in contract or otherwise for direct or indirect loss of business, revenue profits, savings, wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.
8.4 In any event Localinet liability shall be limited to the amount the customer has paid in respect of service for the subscription period in which the incident or series of incidents occurred.
8.5 The customer shall indemnify Localinet against any claims, legal proceeding and expenses (including legal fees), arising from the Customer's use of the Service which are brought or threatened against Localinet by another person.
8.6 In the event of any part of this agreement being held inapplicable or unreasonable, the remainder of the agreement shall remain in full force and any clause held inapplicable or unreasonable shall be enforced to the fullest extent possible.
8.7 Localinet may at any time, with immediate effect, modify these terms and conditions by publishing the amended service agreement on the service.
9 SERVICE OF NOTICE
9.1 Any written document shall be deemed to be given or served by Localinet on the day that it is emailed to the customer's User ID or posted to, or left at, the address given by the customer for receiving bills.
9.2 Any information published on the service, including changes to subscription fees or charges, shall be deemed to be given or served by Localinet on the day that it is published.
10 FORCE MAJEURE
10.1 Localinet shall not be held liable for any breach of this contract caused by circumstances out of its control including Acts of God, fire, lightening, explosion, war, disorder, flood, industrial disputes (where or not involving its employees), extremely severe weather or acts of local or central Government or other competent authorities.
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