Broadband terms and conditions

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Eurotel Broadband, Domain Name Registration Services and Wireless Office End User Terms and Conditions

Version 28.08.2007
PART 1: Terms and conditions for the Services
These terms and conditions (the "Conditions") govern your use of the Services (as defined below); the content, features and functionality of the Service are described at www.eurotel.com. The Services are supplied by Eurotel Limited, registered office Empire House, Mulcture Hall Road, Halifax HX1 1SP Registered No 2659539 (“Eurotel”)
PLEASE NOTE that these Conditions only apply to the Services (as defined below). These Conditions do not apply to other products and services which may be listed on your Order Form (as defined below) for which either Eurotel’s standard terms and conditions and/or other service specific conditions shall apply. For the avoidance of doubt in respect of the Services, in the event of any conflict between these Conditions and Eurotel’s standard terms and conditions, these Conditions shall prevail.

1. DEFINITIONS

1.1 Please note some terms used in these Conditions will have a certain meaning:
"Access Line" means the BT telecommunications circuit that you use to obtain telecommunications services over the public switched telephone network at the Premises as notified by you to Eurotel;
“Account” shall have the meaning given in clause 2.2;
“ADSL” means Asymmetric Digital Subscriber Line, the use of which enables the high speed transmission of digital data on the Internet over a telephone line;
"Agreement" means the agreement between you and Eurotel for the provision of the Services, incorporating these Conditions, your Order Form, The Welcome Letter, the AUP and (where applicable) the Domain Name Registration Services Terms and Conditions;
“Agreement Date means the date which the Company accepts an Order requesting the provision of Service (for the avoidance of doubt, in the case of telephone orders, the issue of a Welcome Letter shall signify acceptance)
"Apparatus" means any apparatus not supplied by Eurotel and which is used by you, either directly or indirectly, in order to obtain the Services (including without limitation any microfilter, router and/or modem you may purchase for a self-installation version of the Service, but excluding for the avoidance of doubt any
CPE);
“AUP” means the acceptable use policy found at http://www.eurotel.com/aup
as may be amended from time to time in accordance with clause 16.1;
“BT” means British Telecommunications plc;
“Business Customer” means you are (i) a person who uses the Services in connection with your trade, business or profession; or (ii) a company, partnership or other organisation other than a Consumer;
“Business Days” means Monday to Friday between the hours of 09:00 and 17:00, excluding public UK holidays;
“Carrier” means the ultimate supplier of the Services utilised by Eurotel directly or Eurotel’s Supplier in the provision of the Services to Eurotel;
“Charges” means any of the charges payable by you for the provision of the Services pursuant to this Agreement as detailed in the Order Form (or in the case of Orders made by telephone as confirmed by us in the Welcome Letter);
"Consumer" means that your use of the Service is for personal use only and you do not use the Service as a Business Customer; if you change your use during the term of this Agreement from consumer to business use, the Business Customer provisions of this Agreement will apply to you;
“Contention Ratio” means the number of users, which you may have to share your potential maximum bandwidth with. For example with a service contended at 50:1, it is possible that your maximum bandwidth may be shared with up to 49 other users;
"CPE” (Customer Premises Equipment) means any equipment (also referred to as “Wireless Office”), which is sold to you by Eurotel in conjunction with the Services, as detailed in the Order Form and/or the Welcome Letter in connection with the Services;
“Customer” means the Consumer or Business Customer named as the Customer on the Order Form and/or in the Welcome Letter
“Domain Name Registration Services Terms and Conditions” means the terms and conditions contained in appendix 1;
“DSLAM” (Digital Subscriber Line Access Multiplexer) means a network device which allows telephone lines to make faster connections to the internet;
“FUP” means the fair usage policy found at http://www.eurotel.com/terms as may be amended from time to time in accordance with clause 16.1;
“General Conditions” means the general conditions of entitlement as set out in the notification issued by the Director General for Telecommunications on 22nd July 2003, in accordance with section 48(1) of the Communications Act 2003, pursuant to section 45 of said Act, as may be amended from time to time;
“Griffin Internet” means Griffin Information Systems Limited, registered office 20 St Christopher’s Way, Pride Park, Derby, DE24 8JY;
“Minimum Period” means, subject to clause 2.6, the period of 12 months, or such longer period as set out in the Order Form and beginning on the Service Commencement Date and such Minimum Period will automatically renew for the same period unless terminated in advance in accordance with this Agreement;
“New Service Commencement Date” has the meaning given in clause 2.6;
“Order” means the application, which you place for the provision of the Services, either by completing and submitting an Order Form or by ordering by telephone and as confirmed in a Welcome Letter. For the avoidance of doubt in the event of a discrepancy the details set out in the Welcome Letter shall prevail;
“Order Form” means the form which you may complete and return to the Company or fill in and agree to Online to apply to receive the Services;
“Physical Characteristics” means sufficient power and appropriate power sockets to enable the customer to receive the Service, and an existing BT analogue direct exchange line, which terminates on a master socket;
“Premises” means your premises (excluding Remote Access Locations) where the Service is to be received;
“PSTN” means the public switched telephone network;
“Remote Access Location” means any remote access location (excluding the Premises) used by you to access the Service via Dial Companion;
“Rate Adaptation” means variation in the speed of the internet connection;
“Rate Adaptive Product” means a product which provides an ADSL connection that will be provided to the best speed available; “RIPE NCC” means the RIPE Network Coordination Centre, an organisation that maintains a database of European IP networks and their management information;
“Service(s)” means the provision of Eurotel Broadband services to be provided to you by Eurotel, as detailed in the Order Form (or in the case of orders by telephone as confirmed by us in the Welcome Letter), which services may be provided to Eurotel by a Supplier;
“Service Commencement Date” means the date (or dates) that we advise that the Services are available from in the Welcome Pack;
“Supplier” means a supplier of services to Eurotel (including, without limitation, BT, THUS trading as Demon or Griffin Internet) connected to the supply of the Service to you under the Agreement;
“Support Boundaries” means the level of support and assistance, which Eurotel shall provide to you either directly or through its Supplier, as advised by Eurotel from time to time;
"System" means the telecommunications system and network operated by any Carrier in accordance with the General Conditions;
“THUS” means THUS plc, registered office 1-2 Berkeley Square, 99 Berkeley Street, Glasgow, G3, 7HR;“us” means Eurotel Limited;
“Welcome Letter” means the confirmation of order letter sent to you by Eurotel confirming the details of your Order as set out in the Order Form or as detailed over the telephone;
“Welcome Pack” means the pack which is sent to you after you submit your Order and which contains your login details and information in relation to the installation and set up of the Services and (where applicable) the CPE.
"you" means the customer who orders the Service and who is identified as such in the Order Form and/or the Welcome Letter and “your” means belonging to the customer ;

1.2 Reference to any statute shall be deemed to include any amendment, replacement or re-enactment thereof for the time being in force and to include any by-laws, statutory instruments, rules, regulations, orders, notices, directions, consents or permissions made there under.

1.3 The headings in this Agreement are for ease of reference only and shall not be taken into account in the construction or interpretation of this Agreement.

1.4 In the case of any conflict between these terms and conditions and the Welcome Letter and the Order Form, the foregoing order of preference shall prevail.

1.5 It is your responsibility to ensure that the details set out in any Order Form and the Welcome Letter are accurate and to notify Eurotel of any inaccuracies in the Welcome Letter in writing at the address detailed in the Welcome Pack within 72 hours of deemed receipt of the Welcome Letter, otherwise you shall be liable for any losses arising as a result of Eurotel’s reliance on the details set out in the Welcome Letter. You will be deemed to have received such notice within 2 working days of Eurotel having posted such letter.

2. PROVISION OF THE SERVICE

2.1 From time to time the features and functions made available as part of the Services may change, but Eurotel shall endeavour to keep the overall quality, quantity and variety of features and functions consistent (subject always to clause 19.1).

2.2 When placing your Order, you will be issued with a password and a security phrase (together being your “Account”). This is required so that Eurotel and its Supplier can identify you and make changes to your Service over the phone, having verified your identity. It is your responsibility to keep these confidential and not to disclose them to any other person for any reason. If you disclose your Account details you will be liable for any losses you incur if they are misused; Eurotel and its Supplier may accept your password or security phrase as authority to make any changes to your Service or Account. You are fully responsible for all action taken in respect of your Service or your Account whether or not the use is made by you or by someone else using your Account details. You shall notify Eurotel immediately if any unauthorised third party becomes aware of your Account details or you have a suspicion of the same. Eurotel shall be entitled to suspend your Service if at any time Eurotel or its Supplier consider that there has been or is likely to be a breach of security. Any breach of this Agreement by any user of your Service may be treated by Eurotel as a breach by you.

2.3 The Services shall commence on the Service Commencement Date and shall continue for the Minimum Period and thereafter unless and until terminated in accordance with this Agreement.

2.4 You must have an Access Line which:
2.4.1 is a suitable BT analogue direct exchange line which terminates on a master socket and which has no incompatible services operating on it; and
2.4.2 is connected to a suitably equipped BT exchange at which there is appropriate capacity.

2.5 Provisioning of the Service is subject to distance limitations and survey by Eurotel’s Suppliers (including, but not limited to, BT). You accept that certain Premises may not be suitable for receipt of the Services due to certain technical restrictions. If such technical restrictions are discovered in relation to your Premises whilst the Services are being provisioned, Eurotel shall be entitled to terminate the Agreement in accordance with clause 10.1.8. You also accept that some technical limitations may not become apparent until after the Services have been installed and are working. In such circumstances, the Services may need to be withdrawn and Eurotel shall be entitled to terminate the Agreement in accordance with clause 10.1.8. In the event that BT re-locates a DSLAM the Services may cease to be operational. In such circumstances the Services will need to be withdrawn and Eurotel shall be entitled to cancel this Agreement in accordance with clause 10.1.8 and Eurotel shall have no liability to you in respect thereof. Eurotel shall advise you of any such issues as soon as reasonably practicable after the issue comes to its attention. If the Physical Characteristics change, or services are ordered in relation to the BT phone line, from BT (or any third party), which are incompatible with the Services, Eurotel cannot be held responsible if you cannot or cease to be able to receive the Service. In addition, Eurotel supplies the Service to you on the condition that you are the person or entity contracting with BT (or any third party) for the BT provided analogue direct exchange line which is used to deliver the Service.

2.6 In the event that Eurotel agrees to provide new or additional services or change the Services (including without limitation upgrades or re-grades to the Services or moving the Services to other premises) under this Agreement a new minimum period of twelve (12) months shall apply to each new, additional or changed services from the new service commencement date as advised by Eurotel (the “New Service Commencement Date”).

2.7 Eurotel shall use reasonable endeavours to provide the Service to you according to the terms of this Agreement and within any agreed timescales stipulated in this Agreement or where no such timescales are stipulated within a reasonable period of time. Time for delivery or performance of the Service is not of the essence and any times stipulated are estimates only. You accept that it is technically impracticable to provide services which are entirely free of faults and Eurotel does not undertake to do so. Eurotel will use reasonable endeavours to ensure that, directly or through its Supplier, any fault which affects the Services and which is covered by the Support Boundaries, is resolved as soon as reasonably practicable, provided you report the fault to Eurotel by calling the telephone number or emailing the email address set out in your Welcome Letter (or such other number as Eurotel may advise from time to time) and you comply with any instructions in the Welcome Pack or otherwise advised by Eurotel from time to time. Eurotel shall, directly or through its Supplier, investigate any such fault and will actively deal with the fault report during Business Days. For the avoidance of doubt neither Eurotel nor its Supplier shall be responsible for fixing any faults if they arise from or are caused by your act or omission, or the act or omission of anyone instructed by you, or the Apparatus.

2.8 The Service enables you to access the Internet; however, use of the Internet is at your sole risk. Eurotel makes no warranty that the Service will meet your requirements.

2.9 The Service is provided to you on an “as is” and “as available” basis and to the fullest extent permitted by applicable laws Eurotel excludes all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. This clause does not affect any statutory or other rights available at law to you.

2.10 You acknowledge and accept that in carrying out the Services Eurotel or its Supplier on behalf of Eurotel may have to (and shall be entitled to) interrupt or suspend the Services from time to time for operational reasons, for example, to change the technical specification of the Services, or to improve, modify, upgrade or downgrade the Services or to test, maintain and repair the Services, or any other services offered by it in relation thereto, or because of an outage requested by a Carrier other than Eurotel or its Supplier. Eurotel shall endeavour to give you as much notification of any planned interruptions as is reasonably practicable in the circumstances. Eurotel and its Supplier shall also be entitled to interrupt some or all of the Services at any time and without prior notice if required by law or because of an emergency. You shall have no claim against Eurotel for any loss suffered as a result of any interruptions under this clause 2.10.

2.11 Eurotel will and its Supplier may implement systems designed to reject certain undesired email (including unsolicited commercial email) or delete them before delivery. You may choose to receive unsolicited commercial email at any time by contacting Eurotel on the telephone numbers provided in your Welcome Pack. Eurotel does not warrant or guarantee that such systems will prevent all undesired email (including unsolicited commercial email) from being delivered.

2.12 You acknowledge and accept that Eurotel and its Supplier may include links from time to time from the Service to other Internet sites. Eurotel has no control over the content of such sites and disclaims any liability in respect of your use of such sites. You may wish to purchase separately one of the available filtering software products e.g. NetGuard to help prevent access to certain web content.

2.13 You acknowledge the following technical limits in relation to the Services :-
2.13.1 the Services are not available to premises where all or part of the network between the Broadband Access Server (being a remote access server, a component in the BT network and which is used to deliver the service which BT provides to Eurotel directly or through its Supplier to enable Eurotel to provide the Services) and the premises is provided over fibre optic cable or radio systems;
2.13.2 the Services may affect the performance of your PSTN equipment;
2.13.3 the burst rates for the Services may be reduced by the Contention Ratio and by the Rate Adaptation of any equipment used by you in order to receive the
Services (for example, a modem) and that the burst rates for the Services are dependent upon the specific IP application protocol used; and
2.13.4 the provision of the Service to the Premises may result in you experiencing a temporary loss of analogue direct exchange line service for the period when
the installation is being carried out; and any incorrectly wired extensions to your existing master socket will be left disconnected;
2.13.5 that in the case of any Rate Adaptive Product (including, without limitation, Cooper Stream Homeworker and Office 500, 1000, 2000 and ADSL MAX services) uploading speeds (and download speeds for ADSL MAX services) are dependent on distance from the exchange, atmospheric conditions and quality of the metallic path and may vary without notice to you.
2.13.6 Rate Adaptation can occur several times a day and may cause the link to the DSLAM to reset.
2.13.7 that in the case of any Rate Adaptive Product through-put guarantees will relate only to the actual rated speed of an individual connection not any implied speed of service.
In the circumstances outlined in this clause 2.13, Eurotel shall have no liability to you regarding the provision of, or the failure to provide, the Services, the performance of the Services or the effect which the Services have on other services or equipment or the withdrawal of any Services (and the subsequent cancellation of this Agreement).

3. FEES

3.1 Eurotel shall provide you with the Services, and you agree to pay, without any deduction, withholding or set-off whatsoever, to Eurotel the Charges.

3.2 You shall not be entitled to any reduction in the Charges in the event that you do not use all or any part of the Services.

3.3 If Eurotel or its Supplier carries out work in response to a fault in the Services reported by you and following such work Eurotel and/or the Supplier determines that (i) there is no fault found or (ii) it is not Eurotel’s and/or the Supplier’s responsibility to fix the fault (determined in accordance with clause 2.7), then Eurotel shall be entitled to charge you any costs that Eurotel and/or its Supplier has incurred in carrying out such work.

3.4 Save in the case of demonstrable error all Charges shall be calculated in accordance with data recorded or logged by, or on behalf of, Eurotel and/or its Supplier (as the case may be).

3.5 Without prejudice to any other right to amend the terms of this Agreement, Eurotel shall be entitled to increase the Charges on giving you 21 days notice of such change.

3.6 You will pay the Charges within 14 days of the date of Eurotel’s invoice. Eurotel may charge daily interest on late payments at a rate equal to 4% per annum above the base-lending rate of National Westminster Bank Plc such interest being deemed to accrue from day to day and being compounded on the last day of each calendar month.

3.7 All Charges exclude Value Added Tax (VAT) payable by you at the applicable rate, unless stated otherwise.

3.8 Eurotel may also make an additional charge (on the basis of additional charges detailed in the Eurotel Price List), on its own behalf or on behalf of a Supplier in the following circumstances:-
3.8.1 an abortive visit charge may be incurred where incorrect information supplied by you means it is technically impractical to provide the Service to you;
3.8.2 where it is necessary to relocate the existing telephone master socket to provide the Service;
3.8.3 where Eurotel or its Supplier are unable to gain access to the Premises to carry out installation of the Service or the installation is aborted an abortive visit charge may be payable;
3.8.4 where certain order information provided by you is illegible, inaccurate or incomplete an administration fee will be charged;
3.8.5 where Eurotel or its Supplier provide the support to you outside its normal support times in supply of the Service;
3.8.6 where a fault relates to equipment other than any CPE supplied by Eurotel.

4. ACCESS

4.1 You shall at your own expense permit, or procure all permissions, licenses, registration and approvals necessary for Eurotel, the Carrier and/or the Supplier (as the case may be), its employees, agents and contractors, to have free and safe access to the Premises in order to:
4.1.1 carry out any works on the Premises in relation to the Services, or to carry out any of the activities envisaged under clause 2.10; and
4.1.2 to inspect any telecommunication apparatus kept on, under or over the Premises or elsewhere for the purposes of maintaining the System and/or providing
the Services.

4.2 You shall allow Eurotel, the Carrier and/or the Supplier to have access to the Premises at all reasonable hours for the purpose of carrying out any of the activities envisaged under clause 4.1 and you shall provide a safe and suitable environment for such access visits.

5. INSTALLATION

5.1 You are fully responsible for:
5.1.1 connecting a suitable microfilter to BT’s master socket (and any extension sockets) at your Premises;
5.1.2 connecting a suitable router/modem to the relevant port on the microfilter; and
5.1.3 if applicable, connecting a suitable modem for an analogue phone line or an ISDN adapter at the Remote Access Location to enable access to the Service
via Dial Companion.

5.2 Eurotel accepts no liability whatsoever for any loss you or any third party may suffer as a result of:
5.2.1 your installation of the Service, and/or setting up your equipment to receive the Service, including but not limited to loss caused by your installation of any
Apparatus or CPE; or
5.2.2 any faulty Apparatus, notwithstanding any list of suitable Apparatus which Eurotel or its Supplier may publish.

5.3 If Eurotel supplies you with CPE, you must accept the terms and conditions applicable to the provision of such CPE. You must also agree to the terms of the relevant end-user software licence agreement to govern your use of the CPE. You shall be responsible for any liability incurred by Eurotel as a result of any
failure by you in this regard. Other than where required by law, any such CPE is supplied "as is" with no warranty as to its fitness for purpose or otherwise.
Eurotel shall either directly or through its Supplier, use reasonable endeavours to assist with reasonable queries you may have in respect of initial installation of the Service (in accordance with clause 2.7). However, Eurotel does not guarantee that it or its Suppliers (as the case may be) shall be able to help resolve any such difficulties.

5.4 Eurotel does not warrant that any particular Apparatus shall be compatible with the Service and Eurotel shall not be responsible for supporting any Apparatus.

5.5 Any equipment connected (directly or indirectly) to or used with the Service must be connected and used in accordance with any published instructions, safety and security procedures applicable to the use of that equipment.

6. AUP/FUP

6.1 These Conditions, together with the AUP and the FUP, explain Eurotel’s responsibilities to you and your responsibilities to Eurotel and to its Supplier and to other users of Eurotel and its Supplier’s services. In particular, the AUP outlines what Eurotel considers to be unacceptable use of its and its Suppliers’ services by its customers and the users of its network so that it can take appropriate steps against abusers of its and its Suppliers’ services. The FUP outlines what Eurotel considers to be fair use of its and its Suppliers’ services by its customers and the users of its and its Suppliers’ network so that it can take appropriate steps against abusers of its and its Suppliers’ services. Eurotel reserves the right to amend the AUP and/or the FUP at any time in accordance with clause 15.1. You shall be responsible for always ensuring that you always comply with the latest version of the AUP and the FUP and Eurotel and its Suppliers reserve the right to act in accordance with the AUP and the FUP.

6.2 Eurotel and/or its Suppliers shall be entitled to inspect and monitor from time to time all usage being made of the Services, including communications being sent and received and data being hosted and processed to verify compliance with the usage conditions set out in this Agreement (including without limitation the AUP and FUP)

7. INFORMATION AND APPARATUS

7.1 On request by Eurotel, you shall provide Eurotel with information concerning the Apparatus and any other information that Eurotel and/or its Supplier may reasonably require in order to provide the Services. In the event that you supply incorrect information in connection with the Services, you shall pay to Eurotel any reasonable or additional wasted costs incurred or suffered by Eurotel and for its Suppliers as a result.

7.2 Your Apparatus must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry
standards. You shall at your own expense modify the Apparatus in accordance with Eurotel’s instructions provided that such modifications are necessary to
enable Eurotel, directly or through its Supplier, to provide the Services. You shall be responsible for the repair and maintenance of any Apparatus used in order to obtain or use the Service.

7.3 You shall be responsible for ensuring compliance with all statutes and other regulatory requirements relating to the Apparatus and for obtaining all consents,
approvals, servitudes, rights of way and other similar rights in relation to the Premises or any premises of which the Premises form part and which are required in
relation to the Apparatus.

7.4 Eurotel and its Suppliers reserve the right to suspend the Service if you do not fulfil your obligations under this clause 7.

7.5 Eurotel accepts no liability whatsoever for any loss you may suffer as a result of your use or misuse of the Apparatus or as a result of any faults in your
Apparatus. In particular, Eurotel is not liable whatsoever if you damage or incorrectly reconfigure any Apparatus, for example a router, which you have
purchased for use with the Service.

7.6 For the avoidance of doubt, if you do anything to the Apparatus including, by way of example and without limitation adjusting or altering it in any way following the commencement of the Service there is a risk that such action will impact upon your ability to receive the Service. You shall be responsible for ensuring at all times that no action is taken in relation to Apparatus which is likely to impact upon your ability to receive the Service. If any such action does take place and you subsequently require Eurotel directly or through its Supplier to re-configure the Service in any way, then Eurotel reserves the right to charge you any reasonable costs incurred by Eurotel and/or its Supplier in this regard.

7.7 You shall comply with any reasonable operating instructions issued by Eurotel from time to time.

8. YOUR USE OF THE SERVICE

8.1 You must NOT use the Service or knowingly allow or permit the Service to be used:
8.1.1 in a way that does not comply with the Agreement (including for the avoidance of doubt the AUP and FUP), or any legislation or applicable licence, or that is in any way unlawful or fraudulent or, to your knowledge, has any unlawful or fraudulent purpose or effect (including without limitation in relation to any activity or occupation carried out through the Service); or
8.1.2 in breach of any reasonable and lawful instructions Eurotel or its Supplier might give to you from time to time and which are necessary in the interests of health, safety, the quality of the Service, or the quality of the Services, or in breach of any instructions given under clause 5.5; or
8.1.3 in connection with the carrying out of a fraud or criminal offence against any public telecommunications operator; or
8.1.4 to send, knowingly receive, encourage the receipt of, upload, download, use or re-use any material which is immoral, offensive, abusive, indecent, defamatory, obscene or menacing, or may cause annoyance, inconvenience or needles anxiety or is in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which causes overloads to the System; or
8.1.5 to send or procure the sending of unsolicited advertising or promotional material save in accordance with applicable legislation;
8.1.6 or attempt to use the Service in any way that modifies decompiles or reconfigures the Service or software or copy any manual or documentation relating to
the Service, except as set out in this Agreement; or
8.1.7 in a way that in the reasonable opinion of Eurotel or its Suppliers could materially affect the performance of any of Eurotel or its Suppliers systems or networks or the quality of Service provided to other customers of Eurotel and/or its Suppliers.

8.2 You shall indemnify Eurotel against any claims or legal proceedings, which are brought or threatened against Eurotel, or its Suppliers, by a third party because the Service is used in breach of Clause 8.1. To maintain the quality of the service for other users, Eurotel and its Suppliers reserve the right to block certain types of traffic without notice where they appear to contravene Clause 8.1.

8.3 You shall be responsible for insuring against all loss of or damage to data stored on or transmitted using the Service or the System.

8.4 You shall be responsible for adopting appropriate security measures for the protection of computer systems and Eurotel shall not be liable to you for any loss or damage that you suffer as a result of any virus or other hostile computer programme being introduced into your computers or computer systems as a result of your use of the Service and/or the System.

8.5 Unless otherwise agreed in writing with Eurotel you shall not redistribute, copy or share the use of the Service, (or any part of it,) or disclose details of the Service (or any part of it) with any other person, or if you are a company with any person not a member of your company (or contracted to your company), whether directly or indirectly, including by means of radio or other wireless technology of any kind, except that if you are a Consumer you may share the Service with members of your own household at the same Premises.

8.6 You shall ensure that any person with whom you share use of the Service complies in full with this Agreement as if they were an original party to it. You are responsible for any misuse of the Service or breach of the Agreement by anyone with whom you share use of the Service.

8.7 You shall not modify the Service without Eurotel’s written consent.

8.8 You shall not use the Service except in conjunction with Eurotel’s recommended operating guidelines.

8.9 If you are a Business Customer - You may not make any unauthorised commercial use of the Service. You agree to keep full and accurate records of any and all operating units on or in connection with which the Service is enabled and shall permit Eurotel directly or through its Supplier to review and evaluate such records from time to time to ensure your compliance with your obligations in this Clause 8.9.

8.10 If you are a Consumer - The Service is supplied to you for your personal use. You may not commercialise it or use it in connection with any occupation, trade or profession.

8.11 You will co-operate with Eurotel’s reasonable requests for information regarding your use of the Service and supply such information without delay.

8.12 Eurotel and its Supplier reserve the right to disconnect the Service if you do not fulfil your obligations under this Agreement.

8.13 Where you use the Service to access the Internet and to reach networks and services not operated by Eurotel or its relevant Supplier, you will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.

8.14 In the event that your ADSL connection is, for whatever reason, temporarily unavailable or your ADSL connection is congested, you may be able to use some of the Services via Dial Companion, as an alternative or a back up service. Eurotel does not guarantee that use of the Services via Dial Companion in such
circumstances will be possible nor shall Eurotel be liable for any costs or charges incurred as a result of such use of the Service by you.

9. BREACH OF THE AGREEMENT
9.1 Eurotel either directly or through its Supplier shall be entitled to investigate any suspected or alleged breach of this Agreement or any suspected compromise to the System or to Eurotel’s or its Supplier’s security and in doing so they will act reasonably and fairly at all times.

9.2 Eurotel and its Supplier reserve the right to take any action they deem appropriate and proportionate to any breach, or suspected breach, of this Agreement (including without limitation the right to suspend the Services). Without limitation, particular examples of material breaches which are incapable of remedy include jeopardising or compromising the security or integrity of the network of a Carrier and serious breach of the AUP or FUP, including, for example, the posting or transmission of defamatory content through or in connection with the Service. You expressly authorise Eurotel and its Supplier to use your personal data and other Account information, without limitation, in connection with any such investigation, including by disclosing it to any third party whom they consider has a legitimate interest in any such investigation or its outcome.

9.3 If Eurotel and/or its Supplier believes that you have breached the Agreement or that any use being made of the Services may cause Eurotel and/or its Suppliers to incur any legal liability or to commit any offence, or Eurotel suspects that any password is be misused then Eurotel may temporarily suspend the Services. Eurotel either directly or through its Supplier will use reasonable endeavours to ensure that you are made aware of the reason prior to suspending the Service. However it may be necessary, due to the severity of the breach, or other reason for the suspension under this clause 9.3 for Eurotel and/or its Supplier to suspend the Service or for Eurotel to terminate the Agreement while details of the breach or other reason for suspension are investigated further. Eurotel reserves the right to suspend the Service (or for its Supplier to suspend the Service) or to terminate the Agreement at its sole discretion and without refund, and to make an additional charge for all reasonable costs incurred in investigating and dealing with the misuse and/or blocking access to any component(s) of the Service, as a result of any actual or suspected breach of the Agreement or other reason for suspension under this clause 9.3.

10. TERMINATION

10.1 Without prejudice to the rights and remedies of Eurotel and of you under this Agreement Eurotel may terminate this Agreement forthwith in the event
that:-
10.1.1 you are in material breach of this Agreement and (in the case of remediable breach) fail to remedy the breach within 15 days of receiving notice to that effect from Eurotel; or
10.1.2 you commit a material breach which is not capable of remedy; or
10.1.3 you are repeatedly in breach of this Agreement; or
10.1.4 you are the subject of a bankruptcy order or become insolvent, or make any arrangement or composition with, or assignment for the benefit of your creditors, or go into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation or a receiver or administrator is appointed over your assets.
10.1.5 Eurotel and/or its Supplier is no longer authorised to operate the System; or
10.1.6 it becomes unlawful for Eurotel and/or its Supplier to continue to provide the Service, or Eurotel and/or its Supplier is required to cease the Service by a competent regulatory authority; or
10.1.7 the Carrier supporting the Service ceases to do so for whatever reason; or
10.1.8 it transpires following the Agreement Date that the Supplier is unable to provide the Services to Eurotel.

10.2 Either party may terminate this Agreement to take effect after the Minimum Period by giving the other party not less than thirty (30) days prior written notice.

10.3 Without prejudice to its other rights in terms of this clause 10, Eurotel may, at its sole discretion elect to suspend provision of the Services forthwith until further notice if Eurotel is entitled to terminate the Agreement, or if you are otherwise in breach of the terms of this Agreement or if Eurotel is obliged to comply with any relevant order or instruction of the Government or other regulatory authority or if any wayleave or other consent required for the purposes of providing the Services is withdrawn, revoked or otherwise ceases to have effect.

10.4 You shall continue to be liable to pay the Charges during any period of suspension if the Service is suspended in accordance with this Agreement.

10.5 You shall reimburse Eurotel in respect of all costs and expenses incurred in carrying out such suspension and re-commencing the provision of Services thereafter save where such suspension is required as a result of any breach of this Agreement by Eurotel.

10.6 Your right to use the Service shall immediately terminate when this Agreement comes to an end.

10.7 If the agreement under which Eurotel’s Supplier provides services terminates then Eurotel may terminate this Agreement immediately on the giving of written notice. In such circumstances, you consent to Eurotel providing its Supplier with your contact details and details of your Services so that the Supplier may contact you to offer you equivalent services to the Services directly. You will be under no obligation to accept any such offer, but you acknowledge that if you do, you will be required to sign up to such Supplier’s then current terms and conditions.

10.8 In the event that the Service is ceased pursuant to termination of this Agreement under clause 10.1.1 clause 10.2 or clause 11 you shall be liable to pay to Eurotel the cancellation fees (imposed by the Carrier or the Supplier) set out in the Order and/or Welcome Letter (as may be amended on the giving of reasonable notice by Eurotel). Eurotel will only pass this cancellation fee on to you if Eurotel is charged by the Supplier or Carrier. Where the Service is migrated to another Supplier or Carrier Eurotel may not be charged the cancellation fee and in those circumstances will not charge you.

11. TERMINATION DURING THE MINIMUM PERIOD

11.1 You may terminate this Agreement at any time by giving Eurotel not less than thirty (30) days prior written notice. However, if you terminate the Agreement after the Agreement Date and before expiry of the Minimum Period (including for the avoidance of doubt any renewed Minimum Period where the Agreement has not been terminated in accordance with this Agreement) provisioning of the Service by Eurotel’s Supplier will have been initiated and you will be liable to pay the remaining Charges for the Minimum Period in addition to any cancellation fees (charged in accordance with clause 10.8)

11.2 If you move from your Premises this shall be deemed to be a termination of the Agreement by you under clause 11.1 and Eurotel shall be entitled to invoice you for the Charges which would have been payable by you for the balance of the Minimum Period at the Premises and any cancellation fees pursuant to clause 10.8. If you wish to receive the Service at a new location, you are required to enter into a new contract at your new premises.

12. LIMITATION ON LIABILITY

12.1 Eurotel’s liability in contract, tort or otherwise (including liability for negligence) under or in connection with this Agreement is limited to £10,000 for any event or series of related events and £25,000 for all events in any consecutive period of 12 months.

12.2 Except as expressly set out in this Agreement, all warranties, conditions, undertakings or terms implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as permitted by law.

12.3 Nothing in this Agreement shall exclude or limit the liability of Eurotel for death or personal injury arising as a result of Eurotel’s negligence or that of its employees or agents or for fraudulent misrepresentation.

12.4 You are solely responsible for any liability arising out of any content provided by you and/or any material to which other users can link to through such content.

12.5 Eurotel shall not be liable to you in any circumstances for:-
12.5.1 any loss of revenue, or loss of profit, or loss of contract, or loss of goodwill; or
12.5.2 any indirect or consequential loss; or
12.5.3 any loss of use, or loss or corruption of data transmitted over the System, using the Service, or otherwise arising out of or in connection with this Agreement.

12.6 Neither party shall be liable for any breach of this Agreement or any delay in performance of its obligations (other than the obligation to pay) to the extent that such breach is caused by circumstances beyond that party’s reasonable control including (but not limited to) acts of God, fire, lightning, explosion, war, civil disorder, terrorism, disorder, flood, Industrial disputes (whether or not involving their employees), extremely severe weather or acts of local or central Government or other competent authorities or events beyond the reasonable control of that party’s Suppliers (including for the avoidance of doubt the Suppliers). If either party is affected by circumstances beyond its reasonable control, it shall notify the other party and shall use reasonable endeavours to overcome the effects.

12.7 If any of the events detailed in clause 12.6 continue for more than 3 months either party may serve notice on the other terminating this Agreement without further liability.

12.8 You shall be liable for and shall fully indemnify Eurotel in respect of any business rates or similar liabilities and/or charges imposed by any competent authority which arise in respect of your use of the Services.

13. INDEMNITY

13.1 You shall indemnify Eurotel against any claims which are brought or threatened against Eurotel and/or its Supplier by any third party and any associated costs, damages or expenses, arising from any breach of this Agreement by you (including without limitation a breach of the AUP and the FUP) (including (without limitation) in respect of the content uploaded or downloaded e-mails sent and received, and materials placed on any web space provided under the Services.

14. DATA PROTECTION/PERSONAL DETAILS

14.1 You warrant and undertake that all of your personal data, payment and contact details are accurate and complete and that you will notify Eurotel immediately if this information changes. Eurotel and its Supplier may retain the information which you provide, (including without limitation, any password and encryption keys) and you authorise them to use this information, for the following purposes:
14.1.1 provision of the Service to you;
14.1.2 keeping of a record for a reasonable period after termination of your Service;
14.1.3 operation and enforcement of the Agreement;
14.1.4 technical maintenance;
14.1.5 legal compliance and the investigation of any actual or suspected breach of this Agreement, including disclosing it to any third party who Eurotel or or its Supplier reasonably consider has a legitimate interest in any such investigation or its outcome;
14.1.6 transferring it to RIPE NCC as part of a general requirement for provision of these services within Europe;
14.1.7 transferring it to BT to enable BT to provide the relevant BT IPstream service to Eurotel and/or its Supplier and you authorise BT to use such information for the purpose of providing this service to Eurotel and/or its Supplier; and
14.1.8 otherwise in accordance with Eurotel’s current privacy policy available at http://www.eurotel.com which shall apply to any and all data supplied by you to Eurotel.

14.2 Both parties shall comply with applicable data protection legislation with respect to any personal data supplied in connection with the Service. Where applicable, you shall inform your employees of the processing of personal data by Eurotel, the Supplier, RIPE NCC and BT and you shall ensure such employees have consented to such processing.

15. NOTICES

15.1 You must accept email addressed to "postmaster" at your address and if Eurotel sends an email to this email address this shall constitute notification for the purposes of this Agreement. For example, if you have the hostname "sample" and/or the domain "example.com", then you must accept email addressed to postmaster@sample.eurotelonline.co.uk and/or postmaster@example.com respectively. You will be deemed to have read any and all such postmaster-addressed email and both Eurotel and its Supplier may take action on the basis of this assumption.

15.2 Regardless of Eurotel’s method of selling, when giving notice to Eurotel under this Agreement you may do so by telephone, in writing, by fax or by e-mail using the following contact details:.
15.2.1   in writing to Sales Administration Department, Empire House, Mulcture Hall Road, Halifax, HX1 1SP;
15.2.2   by telephone 01422 864000;
15.2.3   by fax on 01422 864100;
15.2.4   by e-mail to:
(a)        customercancellations@eurotel.com for canceling orders and ending contracts; and
(b)        broadband@eurotel.com for all other notices, including (without limitation) notifications of unauthorised use pursuant to clause 2.2.

16. ASSIGNMENT

16.1 Eurotel reserves the right to assign or sub-contract any or all of its rights and obligations under this Agreement.

17. PROPRIETARY RIGHTS

17.1 All title, interests, and rights (including intellectual property rights) in the Service remain in Eurotel and/or its Suppliers. You acknowledge such title, interest and rights and you shall not take any action to jeopardise, limit or interfere in any manner with Eurotel’s (or any third party supplier's) title, interests or rights with respect to the Service including, but not limited to, using Eurotel’s or any Supplier’s or Carrier’s trademarks or tradenames.

17.2 Any IP or other network addresses allocated to you are for use only in connection with the Service and all rights in such addresses belong to Eurotel or its Suppliers and shall revert to Eurotel or its Suppliers upon termination of this Agreement. IP addresses are assigned in accordance with guidelines laid down by RIPE NCC.In order to comply with these guidelines, you must explain and justify your usage of any IP address(es), before any IP address(es) will be issued to you.

17.3 If you are the registered owner of your domain name for the Service you can transfer it upon termination of this Agreement to another Internet service provider.

17.4 Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable law. The Agreement does not give you any interests or rights in such content. You agree not to breach any rights of Eurotel or any third party in respect of such content.

17.5 Where software is provided to enable you to use the Service, Eurotel grants you a non-exclusive non-transferable license to use such software for that purpose only for the duration of the Agreement such license shall automatically terminate on the termination of this Agreement for whatsoever reason.

17.6 You must be the owner of or properly licensed to use any brands, logos, and/or trademarks, and any graphics, text, sound, data, works and other materials hosted or processed using the Services and must ensure that Eurotel and/or its Suppliers are properly licensed to copy and reproduce such materials where Eurotel and/or its Suppliers Systems are carrying out such actions as part of the Services.

18. DOMAIN NAMES REGISTRATION SERVICE

18.1 Where the Service includes registration of one or more domain name(s), you agree to be subject to the Domain Name Registration Services Terms and Conditions. Eurotel reserves the right to amend and/or update the Domain Name Registration Terms and Conditions from time to time in accordance with the provisions of the Domain Name Registration Services Terms and Conditions.

19. AMENDMENT OF THIS AGREEMENT

19.1 We reserve the right to amend the terms and conditions of this Agreement and/or the Services at any time.

20. ENTIRE AGREEMENT

20.1 This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and other than in relation to any fraudulent misrepresentations supersedes all other agreements and representations made by either party whether oral or written.

21. NO WAIVER

21.1 Failure or delay by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

21.2 In the event either party agrees to waive a breach of this Agreement by the other party, that waiver is limited to that particular breach.

22. LAW AND JURISDICTION

22.1 The Agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

22.2 In the event of a dispute arising under this Agreement the parties agree to try to resolve such dispute in accordance with the dispute resolution scheme set out in Eurotel’s code of practice available at http://www.eurotel.com

23. RIGHTS OF THIRD PARTIES

23.1 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

24. GENERAL CONDITIONS

24.1 If any part of the Agreement is found by any court or other competent authority to be wholly or partly invalid, unlawful, void, voidable or unenforceable then such part shall be severed from the remainder of the Agreement and the remainder of the Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.

24.2 The rights and remedies provided by this Agreement exclude to the furthest extent permitted by applicable law all other rights and remedies (whether express or implied) provided by common law including negligence claims in tort or statute in respect of the subject matter of this Agreement.

24.3 The termination or expiry of this Agreement shall be without prejudice to the rights of either party which have accrued prior to termination or expiry. Clauses that are expressed to survive or which are by implication intended to survive termination or expiry of this Agreement shall so survive.

24.4 This Agreement is between you and Eurotel and whilst some of Eurotel’s obligations will be carried out on Eurotel’s behalf by its Supplier, you agree that you shall not raise an action against its Supplier in respect of any breach of this Agreement or otherwise in connection with this Agreement.

24.5 You may not assign or otherwise transfer by operation of law or otherwise, this Agreement or any rights or obligations herein without the prior written consent of Eurotel

Eurotel Broadband, Domain Name Registration Services and Wireless Office End User Terms and Conditions
Version 22.08.2006
Appendix 1 to the terms and conditions for the Services
Domain Name Registration Services Terms and Conditions
PLEASE NOTE that these Conditions only apply to the Registration Services and Bundled Services (as defined below). These Conditions do not apply to other products and services which may be listed on your Order Form (as defined below) for which either Eurotel’s standard terms and conditions and/or other service specific conditions shall apply. For the avoidance of doubt in respect of the Registration Services and Bundled Services, in the event of any conflict between these Conditions and Eurotel’s standard terms and conditions, these Conditions shall prevail.
1. INTERPRETATION
1.1 In this Agreement the following terms shall have the following meanings:
“ADSL” means Asymmetric Digital Subscriber Line;
“Agreement” means the agreement between you and us for the provision of the Registration Services comprising these terms and conditions,
the Order Form and the Welcome Letter;
“Bundled Services” means any other products and/or services supplied to you by us together with which the Registration Services are bundled;
“Dial Companion Service” means a service which may give you the ability to access some of the features of the Bundled Services over a dial-up connection;
“DNS” means domain name system;
“Domain Names” means any name(s) registered or intended to be registered with a Named Registry by Eurotel for use as part of any of your URLs;
“Fees” means the fees payable by you to us for the Registration Services as specified on the relevant Order Form as may be amended by us
from time to time in accordance with the terms of this Agreement;
“Minimum Period” means either 12 or 24 months (as the case may be as set out in the Order Form or advised by Eurotel on the telephone at the time of the Customer making the Order and confirmed in the Welcome Letter) from the date Eurotel commence Processing;
“Lame Delegate” means the modification, suspension and/or transfer of the Domain Names including but not limited to the following:
(i) removal of the Domain Names from Eurotel’s or Eurotel’s suppliers domain name servers to servers which will not serve the Domain Names or
answer any queries regarding the Domain Names;
(ii) where Eurotel is the billing and/or administrative point of contact, removing Eurotel as such point of contact; and
(iii) informing the Named Registry that you are the sole point of contact for the Domain Names;
“Minimum Requirements” means Eurotel’s minimum requirements for serving primary DNS as detailed at http://www.eurotel.com and as may be amended from time to time;
“Named Registry” means the relevant internet registration authority responsible for administering the Domain Names (a list of the Named Registries
and access to their terms and conditions can be found at http://www.eurotel.com
“Order Form” means the order form which may be completed by you in relation to either the Registration Services or the Bundled Services;
“Processing” means the process of approval by Eurotel of your submitted request for Domain Names registration;
“Registration Services” means the service of registering and maintaining Domain Names, together with any ancillary administrative functions, to be provided
by us, through our Suppliers , in accordance with this Agreement as may be amended by us from time to time;
“Shadow Primary DNS Service” means a service which enables you to control your own DNS while having it hosted ours or our Supplier’s DNS servers;
“Supplier” means a supplier of services to Eurotel connected to the supply of the Registration Services and/or Bundled Services to you under the Agreement;
“URL” means a uniform resource locator, which is the full address for your website(s) and which incorporates the Domain Name(s);
“we”/“us”/“our” means Eurotel; and
“you”/“your” denotes you, the customer.
1.2 Terms which are not defined in clause 1.1 above shall have the same meaning as in Part 1 Terms and Conditions of Service
1.3 Reference to any statute shall be deemed to include any amendment, replacement or re-enactment thereof for the time being in force and to include any by-laws, statutory instruments, rules, regulations, orders, notices, directions, consents or permissions made there under.
1.4 The headings in this Agreement are for ease of reference only and shall not be taken into account in the construction or interpretation of this Agreement.
1.5 In the case of any conflict between these terms and conditions and the Welcome Letter and the Order Form, the foregoing order of preference shall prevail.
1.6 It is your responsibility to ensure that the details set out in any Order Form and the Welcome Letter are accurate and to notify Eurotel of any inaccuracies in the Welcome Letter in writing at the address detailed in the Welcome Pack within 72 hours of deemed receipt of the Welcome Letter, otherwise you shall be liable for any losses arising as a result of Eurotel’s reliance on the details set out in the Welcome Letter. You will be deemed to have received such notice within 2 working days of Eurotel having posted such letter.
2. THE REGISTRATION SERVICES
2.1 Subject to this Agreement, we will provide you with the Registration Services which shall commence when your application for Domain Names registration is
submitted to the Named Registry.
2.2 We shall be entitled on reasonable grounds and at our sole discretion to refuse to commence Processing of any request for registration of any Domain
Names. If we are supplying you with the Bundled Services you shall not be entitled to any refund as a result of such refusal.
2.3 You acknowledge that we cannot guarantee to provide you with the Domain Names you request, nor do we guarantee to provide the Registration Services
by any specific date. You should not take any action in respect of any desired Domain Names until you have been advised in writing that your requested
Domain Names have been registered.
2.4 We shall not be obliged to list or link to the Domain Names or provide any other services in connection with the Domain Names beyond that provided within
the Registration Services or your Bundled Services (where applicable).
2.5 You authorise Eurotel or our Supplier (acting as agent for Eurotel) where required by the Named Registry, to list Eurotel or our Supplier (as the case may be) as the billing and/or administrative and/or technical point of contact (as applicable) and/or to delegate the Domain Names to Eurotel’s or our Supplier’s domain name servers (as the case may be) and to take any actions we and/or our Supplier deems to be appropriate in these capacities. However, upon termination of the Registration Services, Eurotel and/or our Supplier (as the case may be) may immediately cease acting in these capacities.
2.6 You shall ensure that any information you provide to us in connection with the Registration Services or the Domain Names is correct and you shall bear any
additional costs arising in the event that such information is incorrect, including but not limited to any fee charged by the Named Registry for re-registration.
You shall ensure that any instructions given to us in relation to the Registration Services and the Domain Names (including without limitation the registration
of any Domain Names, the cancellation of the Registration Services and the transfer of any Domain Names) are duly authorised and you authorise us to or to instruct our Supplier to carry out any such instructions. You will indemnify us against any and all actions, claims, losses, costs, damages and expenses arising out of or in connection with your failure to comply with this clause 2.6 or which result from any action taken by Eurotel or our Supplier to implement any instructions which you have given to us.
2.7 We shall provide you with a Shadow Primary DNS Service, provided that you have set up your DNS in accordance with the Minimum Requirements and you
have submitted a request to us or our Supplier (as the case may be) in accordance with the Minimum Requirements. However, the Shadow Primary DNS Service is not available to anyone whose primary name server resides on a network supplied with Internet connectivity via any dial-up service (including the Dial Companion Service). If the ADSL connection, which is provided as part of the Bundled Services, is unavailable for a short period of time then Eurotel’s or our Supplier’s servers will continue to serve information for your domain, however, this will not work for any prolonged period and if this happens you must ask us to suspend the Shadow Primary DNS Service.
2.8 By mastering your own DNS you accept responsibility for the information within it being valid. You confirm that you are aware of the consequences of you
incorrectly administering your DNS (including, without limitation, loss of email, or your web site no longer being visible) and we shall not be liable for any loss
or damage that may result from you failing to serve DNS, or from you serving invalid DNS, when using the Shadow Primary DNS Service.
2.9 The continuing provision of the Shadow Primary DNS Service is on the condition that you continue to comply with the Minimum Requirements. If you do not
and we or our Supplier advises you that this is the case and you don’t comply with the Minimum Requirements within one (1) working day then we reserve the
right to terminate the Shadow Primary DNS Service with immediate effect.
2.10 If we or our Supplier notices that your DNS is about to expire, we or our Supplier may suspend the Shadow Primary DNS Service and make us or our Supplier master of your domain name(s). In such circumstances, or if we or our Supplier has to suspend your Shadow Primary DNS Service for any other reason, while we and/or our Supplier will endeavour to serve the required DNS, we will not be held liable if any zone/DNS data is missing as a result. If you wish Eurotel or our Supplier to recommence the provision of the Shadow Primary DNS Service, following any such suspension you may, at Eurotel’s or our Supplier’s discretion, have to re-apply for the service in accordance with clause 2.7
3. YOUR AGREEMENT WITH THE NAMED REGISTRY
3.1 In order to register the Domain Names, you must agree to the Named Registry’s terms and conditions. You understand that you are creating a separate
contractual relationship between yourself and the Named Registry and that you, and not us or our Supplier, are responsible for all fees, liabilities and obligations in connection with that relationship (even if you license use of the Domain Names to a third party).
3.2 You authorise Eurotel or our Supplier (acting as our agent) to enter into a contract with the relevant Named Registry on your behalf and to pay all fees charged by the Named Registry for registration of the Domain Names.
4. DATA PROTECTION
4.1 You need to supply us with certain details on your Order Form or over the telephone when making your order (such information will be confirmed in our Welcome Letter and it is your responsibility to ensure that the details on the Welcome Letter are correct in all respects) and you agree:
(i) for such details to be transmitted to us and/or our Supplier and to the Named Registry for the purpose of registering the Domain Names;
(ii) to be listed as the registrant in connection with the Domain Names by the Named Registry;
(iii) to your registrant details being made publicly available by the Named Registry;
(iv) where required by the Named Registry, to be listed by it as the billing and/or administrative and/or technical point of contact in connection with
the Domain Names.
4.2 You acknowledge that the Named Registry may be based outside of the UK and that, accordingly, your details may not be protected to the same extent as
under UK legislation.
5. TRANSFER OF EXISTING DOMAIN NAMES FROM ANOTHER PROVIDER
5.1 Where you require us to provide the Registration Services in respect of Domain Names that you have already registered with another provider, you must
take all necessary steps and comply with our reasonable instructions to ensure:
(i) that the Domain Names are transferred to Eurotel’s or our Supplier’s (as advised by us) account with its registrar of choice or to its Nominet tag (as applicable); and
(ii) that the Domain Names are properly delegated to all of Eurotel’s or our Supplier’s (as advised by us) domain name servers.
5.2 The Fees do not include any charges in respect of registration and/or renewal of the Domain Names owed by you to your prior provider or to the Named
Registry under any agreement prior to this Agreement and you will continue to be responsible for all such charges.
6. SUBSCRIPTION, FEES AND PAYMENT
6.1 Subscription to the Registration Services is for either:
(i) the Minimum Period commencing on the date Eurotel or our Supplier starts Processing and thereafter shall be automatically renewable for additional 12 or 24 month periods (as the case may be as set out in the Order Form or advised by Eurotel on the telephone at the time of the Customer making the Order and confirmed in the Welcome Letter) (“Renewable Period”); or
(ii) where the Registration Services are being provided as part of the Bundled Services, subscription shall be for the duration of the agreement for
such Bundled Services unless you terminate by providing written notice under Condition 7.1 below.
6.2 You are ultimately responsible for full payment of all fees charged by the Named Registry for registration of the Domain Names. While, in most cases,
Eurotel or our Supplier will pay these on your behalf, in which case we shall be entitled to recover such fees from you, there are some circumstances in which this will not be possible. We will advise you in the event that Eurotel or our Supplier is unable to pay any Named Registry fees on your behalf.
6.3 Where you fail to pay any part of the Fees or, where applicable, any Named Registry fee by the due date (as evidenced for example by, without limitation,
your credit card company notifying the Named Registry that you are disputing the payment of, or refusing to pay, such fee or where your credit card has
been declined) we shall be entitled at our discretion to suspend the Registration Services.
7. TERMINATION
7.1 Subject to Condition 6.1, either party may terminate this Agreement at any time upon giving 30 days’ notice in writing.
7.2 We may terminate this Agreement immediately on serving written notice if you fail to comply with any of the terms or conditions of this Agreement and such
breach is not capable of remedy. In the case of remediable breach we must serve written notice of the breach on you and if such breach has not been
remedied within thirty (30) days of receipt of such notice we may terminate this Agreement.
7.3 We may, at our discretion, immediately terminate this Agreement and remove any of your materials, including the Domain Names, from Eurotel’s or our Supplier’s servers if in Eurotel’s or our Supplier’s reasonable opinion, we/they conclude that you have engaged in illegal activities, in activities or sales that may damage their rights or the rights of others or have breached the terms of this Agreement (and such breach, if capable of remedy, has not been remedied within a reasonable period of time of receiving notice of such).
7.4 Termination of the Bundled Services, where applicable, will cause this Agreement to be terminated automatically.
7.5 Where youhave not paid any fees due to the Named Registry at the date of termination, Eurotel or our Suppliers may:
(i) where Eurotel or our Supplier is the billing contact, refuse to transfer the Domain Names until such time as such fees have been paid in full; or
(ii) where Eurotel or our Supplier is not the billing contact, refuse to assist in the transfer of the Domain Names until such time as such fees have been paid in full.
7.6 Upon termination of the Registration Services:
(i) you will remain solely responsible for all ongoing fees charged by the Named Registry including, but not limited to, any registration and/or
renewal fees;
(ii) where Eurotel or our Supplier is the billing and/or technical point of contact, you will remain solely responsible for removing Eurotel or our Supplier (as the case may be) as the billing and/or technical point of contact and you will cease delegating the Domain Names to Eurotel’s or its Supplier’s name servers unless we notify you otherwise; and
(iii) We shall not be responsible for forwarding any notices, emails or other correspondence to you or for taking any other actions in connection
with the Domain Names.
7.7 Upon termination of the Registration Services in accordance with this Condition 7, if we receive no instructions from you concerning the transfer of the
Domain Names within 30 days of termination, you authorise us or us to instruct our Supplier to Lame Delegate the Domain Names. Until completion of Lame Delegation of the Domain Names, any modification to your entry on any applicable register shall be your sole responsibility.
8. MAINTENANCE AND SUPPORT
8.1 You may request technical assistance and/or advice in respect of the Registration Services by calling Eurotel or our Supplier (as the case may be) on the telephone number which is listed in the Welcome Pack (or by contacting them at such other email address or telephone number as we may advise from time to time). We shall endeavour to ensure that, through Eurotel, you are provided with such assistance and/or advice but we reserve the right to establish limitations on the extent of such support and the hours at which it is available. You understand that we cannot accept any liability for any loss (direct, indirect or consequential) or damage arising out of any such assistance and advice which does not result from our negligence, recklessness or wilful misconduct.
8.2 You are responsible for providing us with details of any changes to the registrant and/or contact information held by ourselves and/or the Named Registry
and you shall be responsible for any charges arising in this respect.
8.3 Eurotel shall implement systems designed to reject certain undesired email (including unsolicited commercial email) or delete them before delivery. You may choose to receive unsolicited commercial email at any time by ‘opting-out’ at http://www.eurotel.com . Eurotel does not warrant or
guarantee that such systems will prevent all undesired email (including unsolicited commercial email) from being delivered.
9. LIMITATION OF LIABILITY
9.1 We shall not be liable for any loss (including indirect or consequential loss) or damage that may result from:
(i) the Named Registry's refusal (on policy grounds or otherwise) to accept registration of the Domain Names;
(ii) any challenge to or cancellation of any Domain Names registered by Eurotel or our Supplier, on your behalf, by any third party;
(iii) your failure to pay any registration or renewal fee;
(iv) your failure to notify either us or the Named Registry of any changes to your registration details;
(v) the application of the provisions of the Named Registry’s dispute policy; or
(vi) your failure to provide us with correct and/or complete information;
except where such loss is due to our default
9.2 You agree that in no event will our liability under this Agreement exceed the value of the re-supply of the Registration Services on a stand alone basis.
9.3 Nothing in this Agreement shall exclude or limit our liability for death or personal injury arising as a result of our negligence or for fraudulent
misrepresentation.
9.4 We shall not be liable, whether under contract, tort (including negligence) or otherwise, for any indirect loss or consequential loss, damage, cost or expense
of any kind whatsoever and howsoever caused, including without limitation loss of business, loss of production, business interruption, loss of or corruption to
data, loss of profits or of contracts, loss of operation time, loss of goodwill or anticipated savings, losses incurred by any customer of you, by any of your
suppliers or any other third party or wasted management or staff time.
10. WARRANTIES
10.1 You warrant that you are the owner of, or that you are duly authorised by the owner to use, any trademarks or names requested or allocated as part or all of
the Domain Names. You shall provide written evidence of such authorisation on request and you will indemnify us against any and all actions, claims,
losses, costs, damages and expenses arising out of or in connection with your failure to comply with this clause.
10.2 You warrant that you shall not use the Registration Services and/or the Domain Names in a way that does not comply with any legislation or applicable
licence or that is in any way unlawful or fraudulent or, to your knowledge, has any unlawful or fraudulent purpose or effect or to send, knowingly receive,
encourage the receipt of, upload, download, use or re-use any material which is abusive, defamatory, obscene or menacing, or in breach of copyright,
confidence, privacy or any other rights or which may contain viruses or other similar programs, or which causes overloads to our system.
10.3 You warrant that, to the best of your knowledge and belief, neither the registration of the Domain Names nor the manner in which these are directly or
indirectly used infringes the legal rights of a third party or is unlawful in any way and you will indemnify us against any and all actions, claims, losses, costs,
damages and expenses arising out of or in connection with any claim that the use of the Domain Names infringes the legal rights of any third party.
10.4 Except as expressly set out in this Agreement, all warranties, conditions, undertakings or terms implied by or expressly incorporated as a result of custom
and practice, statute, common law or otherwise are hereby expressly excluded so far as permitted by law. For the avoidance of doubt, this Condition does
not affect any statutory or other rights available at law to a person dealing as a consumer.
11. REVOCATION
You agree that the Named Registry may delete the Domain Names if any information requiring to be supplied by you under this Agreement is false or
misleading or conceals or omits any information that the Named Registry would likely consider material to its decision to approve registration of the Domain
Names.
12. RESTRICTION, SUSPENSION AND CANCELLATION
12.1 You agree that registration of the Domain Names may be subject to immediate restriction, suspension or cancellation:
(i) to correct mistakes by you or by us, or by our Supplier in registering the Domain Names;
(ii) where you fail to comply with Eurotel’s or our Supplier’s reasonable instructions concerning registration of the Domain Names;
(iii) for the resolution of disputes concerning the Domain Names;
.(iv) in case of arbitration or court proceedings being commenced with respect to the rights to the Domain Names; or
(v) if any part of the Bundled Services, where applicable, has been subject to suspension or cancellation.
13. OUR RIGHT TO AMEND
13.1 We reserve the right to amend the terms and conditions of this Agreement and/or the Registration Services at any time.
14. MISCELLANEOUS PROVISIONS
14.1 This Agreement represents the entire understanding between the parties with respect to the Registration Services and other than in relation to fraudulent
misrepresentations supersedes all other agreements and representations by either party whether oral or written relating to such.
14.2 You may not share with any other party your rights or obligations under this Agreement.
14.3 We reserve the right to assign or sub-contract any or all of our rights and obligations under this Agreement without your further consent.
14.4 Any failure by either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
14.5 If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or part, the remaining provisions
and the remainder of the affected provision shall continue to be valid.
14.6 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but
this does not affect any right or remedy of a third party which exists or is available apart from that Act.
14.7 Neither party shall be liable to the other for any breach of its obligations under this Agreement or any delay in performance of its obligations (other than the
obligation to pay) to the extent that such breach or delay is caused by circumstances beyond that party’s reasonable control including, without limitation: acts
of God, fire, lightning, explosion, war, terrorism, disorder, flood, industrial disputes (whether or not involving its employees), extremely severe weather,
defaults of suppliers or acts of local or central Government or other competent authorities. If either party is affected by circumstances beyond its reasonable
control, it shall notify the other party and shall use reasonable endeavours to overcome the effects.
14.8 Eurotel or our Supplier shall notify you in accordance with clause 2.9 by sending an email to your Start of Authority (SOA) email address in accordance with the Minimum Requirements.
14.9 Nothing in this Agreement shall affect your statutory rights where you are dealing as a consumer.
14.10 This Agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the
English Courts.
14.11 This Agreement is between you and Eurotel and whilst some of Eurotel’s obligations will be carried out on Eurotel’s behalf by our Suppliers, you
agree that you shall not raise an action against our Suppliers in respect of any breach of this Agreement or otherwise in connection with this Agreement.

PART 2: Terms and conditions for the CPE (also referred to by Eurotel Limited as “the Wireless Office”)
These terms and conditions of sale apply to those customers who are purchasing CPE for use with a Service (all as defined below). Your purchase and right to use such CPE is subject to the following terms and conditions. The CPE is supplied by Eurotel, registered office Empire House, Mulcture Hall Road, Halifax HX1 1SP Registered No 2659539
PLEASE NOTE that these Conditions only apply to the purchasing of CPE (as defined below). These Conditions do not apply to other products and services which may be listed on your Order Form (as defined below) for which either Eurotel’s standard terms and conditions and/or other service specific conditions shall apply. For the avoidance of doubt in respect of the sale and purchase of CPE (as defined below), in the event of any conflict between these Conditions and Eurotel’s standard terms and conditions, these Conditions shall prevail.

1. DEFINITIONS
1.1 Please note that some terms used in this Agreement will have a certain meaning:
"Accessories" means the "Quick Install Guide" installation instructions, the self-installation CD-ROM containing the Software, an electronic user manual and (if any) other safety/other accessories supplied to you if you have purchased the CPE;
“Agreement” means the agreement between Eurotel and you for the sale and purchase of the CPE in accordance with these Conditions, the Order Form and the Welcome Letter;
“Apparatus” means any apparatus not supplied by Eurotel and which is used by you, either directly or indirectly, in order to obtain the Service and/or to use the CPE (but not, for the avoidance of doubt, the CPE);
“BT” means British Telecommunications plc;
"Conditions" means these terms and conditions;
"CPE" (customer premises equipment) means the equipment which is being sold to you by Eurotel as detailed in the Order Form and/or the Welcome Letter
“CPE Package” means the CPE and all other items, including any packaging, which are delivered with the CPE;
“CPE Provider” means anyone who supplies the CPE to Eurotel (including, but not limited to, BT and THUS trading as Demon);
“Griffin Internet” means Griffin Information Systems Limited, registered office 20 St Christopher’s Way, Pride Park, Derby, DE24 8JY
"Order Form" means the form which you may complete to apply to purchase the CPE (unless your order is made by telephone);
“Service” means any internet access service being provided to you by Eurotel,
"Software" means the software licensed to you by a third party and which comprises part of the CPE;
“Software Supplier” means the supplier of the Software to Eurotel;
“Support Boundaries” means the level of support and assistance which Eurotel may at its discretion, provide to you, directly or through its Supplier, as advised by Eurotel from time to time;
“Supplier” means a supplier of services to Eurotel (including, without limitation, BT or THUS trading as Demon or Griffin Internet) connected to the supply of the Service to you;
“THUS” means THUS plc whose registered office is at 1-2 Berkeley Street, Glasgow G3 7HR, Scotland;
"Working Day" means Monday to Friday inclusive from 9.00 to 17.00 excluding UK public bank holidays; and
"you/ your" means the Customer who buys or agrees to buy the CPE from Eurotel and who is identified as such in the Order Form and belonging to the Customer as the case may be.
1.2 Terms which are not defined in clause 1.1 above shall have the same meaning as in Part 1 Terms and Conditions of Service.
1.3 Reference to any statute shall be deemed to include any amendment, replacement or re-enactment thereof for the time being in force and to include any by-laws, statutory instruments, rules, regulations, orders, notices, directions, consents or permissions made there under.
1.4 The headings in this Agreement are for ease of reference only and shall not be taken into account in the construction or interpretation of this Agreement.
1.5 In the case of any conflict between these terms and conditions and the Welcome Letter and the Order Form, the foregoing order of preference shall prevail.
1.6 It is your responsibility to ensure that the details set out in any Order Form and the Welcome Letter are accurate and to notify Eurotel of any inaccuracies in the Welcome Letter in writing at the address detailed in the Welcome Pack within 72 hours of deemed receipt of the Welcome Letter, otherwise you shall be liable for any losses arising as a result of Eurotel’s reliance on the details set out in the Welcome Letter. You will be deemed to have received such notice within 2 working days of Eurotel having posted such letter.
2. PRICE AND PAYMENT
Eurotel shall provide you with the CPE and you agree to pay without any deduction, withholding, or set-off whatsoever, to Eurotel, the price of the CPE as set out in the Order Form and/or Welcome Letter.
3. OWNERSHIP AND USE OF SOFTWARE
3.1 All Intellectual property rights in all software supplied to you as part of the CPE shall remain the property of the Software Supplier or its licensor. You are hereby granted a non exclusive, non transferable licence to use the software solely for the purpose of using the CPE and for no other purpose, subject to the following conditions:-
3.1.1 the software shall not be reproduced except to the extent strictly necessary for the proper use of the CPE and for back-up purposes, any such permitted
reproduction being solely in object code form;
3.1.2 the software and any operating manuals or other documentation associated therewith shall be kept in confidence and any disclosure shall be made in
confidence and only to the extent strictly necessary for the proper use of the CPE and you shall be responsible for ensuring that such disclosure does not lead
to a breach of this clause;
3.1.3 no modification shall be made to the software; however, notwithstanding the foregoing the intellectual property rights, including copyright, in any permitted
modifications shall vest in the Software Supplier or its licensor; and
3.1.4 you agree to sign any agreement reasonably required by the owner of the copyright in the software to protect the owner’s interest in that software.
3.2 Subject to clause 3.3, Eurotel will indemnify you against all claims arising from infringement of any intellectual property rights as a result of your use of the
CPE in the United Kingdom in accordance with clause 3.1, provided that:-
3.2.1 you notify Eurotel promptly in writing of any allegation of infringement;
3.2.2 you make no admission relating to the infringement;
3.2.3 you allow Eurotel to conduct all negotiations and proceedings and give Eurotel all reasonable assistance at Eurotel’s cost; and
3.2.4 you allow Eurotel, at Eurotel’s discretion and expense, to modify or replace the CPE to avoid the infringement, provided that the CPE’s performance is not affected or its replacement has an equivalent performance, as appropriate.
3.3 The indemnity in clause 3.2 does not apply to infringements caused by your use of the CPE in conjunction with other apparatus or software not supplied by
Eurotel; or by your designs or specifications and you shall indemnify Eurotel against any claims, proceedings and expenses arising from any such
infringements.
3.4 You hereby acknowledge that it is your sole responsibility to comply with all terms and conditions of any licence agreement attaching to the Software. You
hereby acknowledge that failure to comply with such terms and conditions may result in you being refused a licence for the Software or having the same
revoked by the owner of the Software or by Eurotel. You hereby further agree to indemnify Eurotel in respect of all costs, charges or expenses
incurred by Eurotel or the Software Supplier as a result of any breach by you of the terms and conditions contained in any such licence agreement.
4. DELIVERY AND TITLE
4.1 Eurotel will arrange for the CPE to be delivered to the address specified in the the Welcome Letter. Any delivery times quoted are estimates only
and time shall not be the essence of the Agreement.
4.2 Eurotel shall not be liable for any losses, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the CPE and/or
the Accessories. Eurotel shall not be liable for delivery failure in the event that you have provided incorrect or unclear delivery details to Eurotel.
4.3 If Eurotel is unable to deliver the CPE (for example because no-one is available at the Premises to accept delivery of the CPE), you shall pay for any
further delivery attempts.
4.4 Delivery shall be deemed to take place when the CPE arrives at the address specified in Eurotel’s order. All risk in the CPE shall pass to you or your
appointed agent at the time of delivery. Ownership of and title to the CPE (excluding any software) shall not pass to you until Eurotel receives
payment in full from you.
4.5 If Eurotel is unable to provide you with the CPE which you have requested in your Order Form, Eurotel shall be entitled to supply you with substitute
equipment which is substantially similar to, or better than, the CPE which has been ordered. In such circumstances:-
4.5.1 Eurotel shall not be in breach of its obligations under this Agreement as a result of doing so; and
4.5.2 The substitute equipment shall be treated as CPE for the purposes of this Agreement.
5. QUALITY
5.1 Subject to the other terms and conditions of this Agreement, Eurotel guarantees the CPE for twelve (12) months from the date of delivery in
accordance with clause 4.1 (“the Warranty Period”).
5.2 If you report a fault with the CPE during the Warranty Period and the fault is due to faulty design, manufacture, materials or due to the negligence of Eurotel (or anyone used by Eurotel to deliver the CPE), the CPE will be replaced, or at Eurotel’s option, repaired provided that:-
5.2.1 the CPE has been properly kept and maintained and used in accordance with the manufacturer’s instructions, or any instructions that Eurotel gives to you
and has not been modified; and
5.2.2 the fault is not due to damage (other than damage caused by Eurotel, or anyone used by Eurotel to deliver the CPE including lighting and electrical damage) and;
5.2.3 the fault is not due to the actions of anyone other than Eurotel (or anyone used by Eurotel to deliver the CPE); and
5.2.4 the fault is not as a result of fair wear and tear; and
5.2.5 The fault is reported in accordance with, and you comply with the procedure outlined in, clause 6.
5.3 Any CPE repaired or replaced, during the Warranty Period, will be guaranteed for the unexpired portion of the said period.
5.4 If software is supplied as part of the CPE, Eurotel does not guarantee that it will be error free, however, it will correct errors within a reasonable time if they
impair the performance of the CPE.
5.5 Notwithstanding the remaining provisions of this clause 5, Eurotel shall not be responsible for fixing any faults which affect the CPE if they arise from or are
caused by:
5.5.1 your act or omission, or the act or omission of anyone instructed by you; or
5.5.2 the Apparatus.
6. DAMAGED/FAULTY CPE
6.1 You shall inspect the CPE immediately on delivery to ensure that it isn’t damaged or faulty.
6.2 If the CPE arrives damaged or faulty, or if at any time during the Warranty Period the CPE becomes faulty, you must promptly log a call with Eurotel on the telephone number which is listed in the Welcome Pack (or on such other number as Eurotel may advise from time to time) and you must comply with the
fault logging and returns process advised by Eurotel from time to time.
6.3 If Eurotel confirms that the CPE is damaged or faulty, then you may have to return the CPE to Eurotel at the address and in the manner specified from time to time. The CPE or the CPE Package must be adequately wrapped in suitable packing to prevent damage during transit.
6.4 Eurotel shall not accept the return of the CPE or the CPE Package unless you have complied with this clause 6.
6.5 Eurotel does not accept liability for any CPE or CPE Package lost or damaged whilst it is being returned for repair/replacement (including any damage resulting
from inadequate packaging) and proof of postage is not proof of delivery. As Eurotel shall not be liable for any loss or damage caused during transit you
are strongly advised to maintain sufficient insurance to cover the value of the CPE and/or the CPE Package. The cost of return carriage is to be borne by you.
6.6 If Eurotel has requested the return of the damaged/faulty CPE, on receipt of the CPE Package, as specified above, it will be tested against the stated fault (if any). If no fault is located and the CPE is found to be in full working order, or if Eurotel is not responsible for fixing the fault under the Agreement, the CPE
will be returned at your expense.
7. SUPPORT BOUNDARIES
Eurotel may, at its discretion, and without prejudice to the provisions contained in clause 6 above, provide you with support in accordance with the Support
Boundaries. In doing so Eurotel will use reasonable skill and care. However, Eurotel offers no guarantee that it will be able to remedy any difficulty that you may experience and will not be liable to you in any way for such failure to remedy it.
8. SECURITY OBLIGATIONS
You are solely responsible for your use of the CPE and in particular you must ensure that when using the CPE in conjunction with any Service, your use of the CPE and the Service is secure and does not impact upon the integrity of the Service or Eurotel’s network or any network operated by any Suppliers. You shall ensure that your use of the CPE does not enable any third party to gain access to any local area network which you may create and that no third party gains illegal access to the network of Eurotel or any of its Suppliers. You shall indemnify Eurotel in full against any loss suffered by Eurotel as a result of your breach of this clause.
9. LIABILITY
9.1 Except in respect of death or personal injury caused by Eurotel’s negligence, fraudulent misrepresentation or liability arising under clauses 3.2, the
Eurotel’s liability whether in contract, tort or otherwise in respect of any defect in the CPE or any breach of the Agreement or any duty owed to you in
connection with the Agreement shall be limited to the value of the CPE.
9.2 Other than as set out in these Conditions, Eurotel shall not, to the fullest extent permitted by law, be liable to you by reason of any implied or express
warranty, condition or other term or duty under statute or at common law.
9.3 Eurotel shall not be liable, in contract, tort (including without limitation, negligence) pre contract or other representations (other than fraudulent
misrepresentations) or otherwise out of or in connection with the Agreement for any economic losses (including without limitation loss of revenues, data, profits,
contracts, business or anticipated savings), or for any loss of goodwill or reputation or special, indirect or consequential losses suffered or incurred by you out of
or in connection with the Agreement.
10. GENERAL
10.1 If any part of the Agreement is found by any court or other competent authority to be wholly or partly invalid, unlawful, void, voidable or unenforceable then such part shall be severed from the remainder of the Agreement and the remainder of the Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.
10.2 Failure or delay by Eurotel in enforcing or partially enforcing any provision of the Agreement will not be construed as a waiver of any of its rights under the
Agreement.
10.3 There is no intention that this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
10.4 The formation, existence, construction, performance, validity and all aspect of the Agreement shall be governed by English law and the parties submit to the nonexclusive jurisdiction of the English courts.
10.5 Neither party shall be liable to the other where it is prevented from fulfilling any of its obligations under the Agreement due to circumstances beyond its
reasonable control including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion,
fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes or delays affecting carriers.
10.6 The Agreement constitutes the entire agreement between the parties concerning the purchase of the CPE. Other than in relation to any fraudulent
misrepresentations, it supersedes all prior and contemporaneous agreements and communications. Where there is a conflict between the Agreement and the
terms and conditions applicable to any Services the Agreement shall prevail.
10.7 Eurotel reserves the right to transfer, assign, novate or sub-contract the whole or part of any of its rights and obligations under the Agreement to any third
party.
10.8 This Agreement is between you and Eurotel and whilst some of Eurotel’s obligations may be carried out on Eurotel’s behalf by its Suppliers, you agree that you shall not raise an action against its Suppliers in respect of any breach of this Agreement or otherwise in connection with this Agreement.
10.9 Eurotel reserves the right to amend the terms and conditions of this Agreement at any time.