1.1 The Customer shall ensure to use the services and products lawfully and in compliance with these general terms and conditions and other contractual documents duly integrated to the contract.
1.2 The Customer shall be responsible for its own end material
1.3 The Customer is solely responsible for the access to the Services, which he has been granted and any such use of his access by a third party.
1.4 The Customer must comply with all reasonable security procedures and standards with respect to the Service. We may communicate security issues to the Customer from time to time when abuse or misuse is observed or reported by others along with any and all general information related to the provision by us of the Service by any means, including via the Website.
2 Our Obligations
2.1 We shall use reasonable efforts to operate and maintain the Service.
2.2 We have no obligation to monitor the Service; however, we may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate the service and administer our service, or to protect itself or its other customers.
3 Content, Use and Conformity with Laws and Regulations
3.1 The Customer is solely responsible for the content of information and communications transmitted using the Services.
3.2 The Customer shall not use the Service or permit any use of the Service which is illegal, unlawful, or harassing, which infringes upon the intellectual property rights of third parties, or which otherwise constitutes network abuse, and the Customer shall be responsible for any such misuse of the Service. The Customer shall indemnify us against all any liabilities , claims, actions, liabilities, loss, damage, costs and expenses suffered or incurred by us as a result of any breach of the Customer's obligations or warranties in this Agreement.
3.3 The Customer warrants that it shall comply with any laws, regulations or conventions relating to consumer protection which may be applicable to the use of the Service and with any public policy related laws, which may be applicable to the use of the Service by third parties (such as privacy laws and laws relating to defamation, libel and decency with respect to the content of the communications transmitted using the Service).
3.4 The Customer acknowledges that a breach of the obligations and/or warranties in clauses 3.1, 3.2 and 3.3 could lead to a disruption in the provision of the Service by us and possible infringement of (supra-) national legislation. In the event of such breach and notification thereof, we shall be entitled without incurring any liability to the Customer to suspend the performance of its obligations under the Agreement, until the breach has been remedied and in addition shall be entitled to exercise its rights of termination under this Agreement.
4 Suspension
4.1 We may, whether or not terminating this agreement, immediately suspend all or part of the Services it provides until further notice if:
(i) it is obliged to comply with an order, instruction or request of Government, or emergency services organization, or other competent administrative authority; or
(ii) it needs to carry out work related to exceptional upgrading or maintenance of its facilities where those facilities must cease operation at or about the time.
(iii) for a violation of our acceptable use policy or for other behaviour that in our reasonable discretion may be deemed to be illegal; or
(iv) in order to protect us, at its sole discretion, from legal liability which relates to a breach of obligation and/or warranties by Customer.
5 Warranty and Limitation of Liability
5.1 The Service is provided on an "as is" and "as available" basis and there is no warranty that the Services are or will be free of faults. In the event of a fault, we, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by the Customer, shall use its reasonable efforts to promptly correct the fault in accordance with standard engineering practices recognized in the industry.
5.2 We makes no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services provided. It is known to the Customer that according to the current standings of technology an entire fault free service cannot be guaranteed, and that within national and international telecommunications networks faults and errors cannot be excluded.
5.3 We shall not be liable to the Customers and/or its customers for any direct or indirect loss or damage whatsoever or howsoever arising (including economic losses or any loss of profit) arising out of or in connection with the performance of its obligations under this Agreement. Without prejudice to the generality of the foregoing, it is acknowledged that the aforesaid exclusion of liability shall not extend to any personal injury or death caused on account of the negligence.
5.4 For the avoidance of doubt, Under no circumstances shall we be liable for any direct, indirect or consequential damages, including but not limited to damages that result from the Customer's use of or inability to use any part of the Services or the Customers' reliance on or use of information, services merchandise provided on or through the Service or damages that result from mistakes, omissions, interruptions, loss, theft, or deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
6 Intellectual Property
6.1 We will grant the Customer a personal and non-exclusive license to use any of the software and documentation regarding the service supplied by us during the present agreement. We and our licensors, if any, will always possess the rights, property rights and interests in and in relation with the supplied software and documentation, including any intellectual property rights related thereto.
7 Data Protection
7.1 We shall comply with the applicable law as to the protection of data. In particular, We shall keep, save and operate only the data necessary to the proper performance of this Agreement, i.e. the proper service to Customer, the development of the quality of its services, the security of its service and of the infrastructure. Customers hereby expressly grant such rights to us and agree to the above.
8 Modification of this Agreement
8.1 We expressly reserve our rights to modify, at any time, parameters of its services as well as the present General Terms and Conditions, to implement new technology and offer additional services or reduce the range of services offered.
8.2 Customer shall be given notice of such changes, modifications, variations in due manner. Customer agrees that an appropriate publication on the Website is an acceptable notice.
8.3 In case of changes, modifications, variations, Customers shall have the right to terminate the contract prior the entry into force of such changes, modifications, variations.
9 Governing Law & Language
9.1 This Agreement shall be governed by, construed and enforced in accordance with the laws of England and Wales and the parties shall submit disputes in connection with this Agreement to the exclusive jurisdiction of the courts of England and Wales.
9.2 The Agreement has been executed in the English language, which language shall be controlling in all respects. No translation, if any, of the Agreement into any other language shall be of any force or effect in the interpretation of the Agreement or in the determination of the intent of either of the Parties.
10 Miscellaneous
10.1 Failure by either party to enforce any of its rights under this Agreement shall not be taken as or deemed to be a waiver of that right nor shall it deprive that party of the right to insist on adherence to that term at some other time.
10.2 We remains free to assign rights and duties contained in this Agreement to a third party .
10.3 The Agreement supersedes any and all other agreements, oral or written, between the Parties with respect to the subject matter hereof. Both Parties acknowledge that they have not entered into the Agreement in reliance on any representation made but not embodied in the Agreement.
10.4 The Parties agree that any terms or conditions in this Agreement which might be ruled by any competent authority as illegal, void, unenforceable or invalid shall be replaced by terms and conditions expressing the stipulations as close as possible to the original terms and conditions by only removing the existing obstacle.
6 Force Majeure
6.1 Neither party can be held liable for whatever damage incurred by the other party in case the party concerned should not comply with its commitments in connection with the present agreement due to a situation of force majeure.
6.2 Are regarded as force majeure, unexpected circumstances in relation with persons and/or material used or normally used by us concerned to carry out the present agreement, and which are of such a nature that execution of the present agreement becomes impossible, or burdened and/or disproportionately expensive that punctual compliance with the present agreement cannot reasonably be expected from us. Are also regarded as force majeure any events belong our reasonable control. We will not be responsible for loss or damage suffered by Customer as a result of our failure to perform its obligations under this Agreement due to Force Majeure.
6.3 Will be regarded as force majeure, without this list being limited, strikes, company blockades, epidemics, natural disaster and legal or administrative restrictions.
6.4 Should the Force Majeure event exceed a 3 (three) month period the Agreement may be terminated with immediate effect.
