This is your Contract (the "Contract") with ADM Computer Services Limited (ADM Computing) who provide the Business in Kent (BIK) Online Internet Service.
Please read the following carefully as it affects your rights and liability under the law
1. Commencement of Contract
1.1 Your Business in Kent (BIK) Online Internet Service ("Service") commences when you access the Service. You acknowledge that you have read and accept the terms and conditions of this contract and that your use of the Service shall be deemed acceptance of this Contract.
1.2 The Service shall, during the contract period, consist of ADM Computing:
i) providing you with a single copy of the software where applicable, and the documentation subject to the terms of this Contract and in particular, clause 11;
ii) providing Internet access by transporting data transmitted by you from a point of presence established by ADM Computing at which your signals enter the network established by ADM Computing ("POP") to a connection to the Internet where the network established by ADM Computing ends ("Handover Point"), and transporting data received at a Handover Point and marked as intended for you from that Handover Point to a POP to which you are connected.
1.3 The Service shall not comprise a helpline or other technical support except as expressly set out in this Contract.
2. Provision of Services
2.1 ADM Computing agrees to provide you with the Service on the terms and conditions of the Contract.
2.2 You acknowledge and agree that it is technically impossible to provide the Service free of faults and that ADM Computing does not undertake to do so. Except as expressly set out in this Contract, ADM Computing makes no warranties or representations either express or implied in relation to whole or part of the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose and that all such conditions, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of the provision or non-provision of the Service are hereby expressly excluded.
2.3 If any failure or malfunction in the Service occurs you should report it immediately to the BIK Online helpdesk by telephone or e-mail and ADM Computing will use reasonable endeavours to correct the fault as soon as is practicable.
2.4 Your access to the Service may be occasionally restricted or suspended until further notice, if in the sole discretion of ADM Computing it judges that it is reasonable to do so, including without limitation, to allow for repair, maintenance or improvement of the Service, to preserve the integrity or security of the Service or the introduction of new facilities or services. ADM Computing will use reasonable endeavours to restore the Service as soon as is practicable after any such restriction.
2.5 Where a user has not been on-line with BIK for 60 days, ADM Computing will deactivate and remove the account, including email addresses and web space from its service. Directory names and email addresses will become available to other users.
2.6 You are responsible for providing a suitable PC, modem and any other items of hardware, software or communications equipment necessary to enable you to access the Service. ADM Computing shall not be responsible for:
i) Your inability to access the Service where such inability results from any incompatibility between software used by you and any software supplied by ADM Computing;
ii) any fault or under-performance in, or delay in the provision of, any telecommunication line.
2.7 The BIK Online Service is accessed by you using your own telephone line and you are liable to pay all and any additional charges in connection with the use of the service including those levied by your telephone service provider of your telephone call charges incurred while using the Service.
2.8 ADM Computing reserves the right to charge for the Service upon giving you 30 days prior written notice of its intention to commence charging for the use of the Service.
2.9 Trial users acknowledge that access to the internet may be restricted at the sole discretion of ADM Computing in the interests of fully subscribed customers or the BIK network.
3. Acceptable Use of Service
3.1 You agree to use the Service only for lawful purposes.
3.2 You agree to obtain all necessary licenses and consents from owners of copyrighted material if you use, transmit or place that material on your e-mail or website.
3.3 You acknowledge that all communications are public and not private communications, therefore others may read your communications without your knowledge. As the internet access provider, ADM Computing does not control or endorse the content, messages or information found on the Internet and, therefore, ADM Computing specifically disclaims any liability with regard to your use of the Service (subject to clause 7.3).
3.4 You acknowledge that you, and not ADM Computing, are responsible for all messages received and sent from your computer.
4. Unacceptable Use of Service
4.1 You must use the BIK Online Service in accordance with BIKs Acceptable Use Policy and you cannot use the Service for any of the following:
i) for fraudulent purposes or in connection with a criminal offence or other unlawful activity;
ii) to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, slanderous, defamatory, obscene or menacing, or in breach of copyright, trademark, confidence, privacy or any other rights or laws;
iii) to cause annoyance, inconvenience or needless anxiety;
iv) to send unsolicited advertising or promotional material;
v) to impersonate any other identifiable living person or to infringe the rights of any other person, whether statutory or common law, in a trade mark or name.
vi) to knowingly or recklessly transmit any electronic material (including viruses) through the Service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by ADM Computing or other Internet users;
4.2 ADM Computing reserve the right to remove such information it deems in breach of the above without warning and/or make available such information when requested to regulatory bodies or law enforcement agencies.
4.3 The Service may be used by you to link into other networks worldwide and you agree to conform to the acceptable use policies of such networks.
4.4 You shall immediately notify ADM Computing should any third party bring or threaten to bring a claim or legal proceeding against you relating to the use of the Service. You further agree to immediately refrain from the act that is the subject of the claim or legal proceeding. If ADM Computing so requests, you must confirm the details of the claim(s) or legal proceeding(s) in writing.
4.5 If anyone other than you uses the Service with or without your knowledge or approval in contravention of any of clauses 3, 4 or 5 inclusive, ADM Computing can treat such contravention as a breach by you of this Contract for the purposes of clause 6 which shall apply accordingly.
4.6 Subject to clause 6, if ADM Computing suspends the Service for contravention of any of clauses 3, 4 or 5 inclusive, ADM Computing will not restore it until it receives an acceptable assurance from you that there will be no further contravention.
4.7 You must ensure that your contact details such as e-mail address are included in a clear and legible form on any website you establish, for receipt of any enquiries or complaints regarding the content or any other material which appears on it. ADM Computing reserves the right to disclose to any person with an enquiry or complaint your contact details if such person cannot locate these details on your website.
5.1 In order to access the Service, you will use a Password". You shall:
i) keep your Password secure and not disclose it to third parties and the password will not be stored anywhere in a computer in plain text;
ii) change your Password regularly, and not less frequently than every 3 calendar months.
iii) notify ADM Computing immediately if the password becomes known to an unauthorised user;
5.2 ADM Computing reserves the right, at its reasonable discretion to require you to change your Password;
6.1 ADM Computing may suspend the Service immediately if you breach any of your obligations under this Contract.
6.2 Any breach of your responsibilities set out in clauses 3, 4 or 5 will entitle ADM Computing to immediately terminate your access to the Service.
6.3 Subject to clauses 6.1 and 6.2 above, if you fail to comply with any of the terms and conditions of this Contract, and do not rectify that failure within seven days of receipt of a written notice notifying you of the failure, ADM Computing may at any time immediately terminate your access to the Service.
6.4 ADM Computing may cancel the Service at any time by giving you not less than 30 days written notice of cancellation sent to the address provided by you to us from time to time.
6.5 You may cancel the Service by giving us not less than 30 days written notice of cancellation sent to the address provided by us to you
6.6 ADM Computing may terminate the Agreement in the event that the liquidator, receiver or Administrator is appointed in respect of your assets or business or if you are deemed insolvent;
6.7 Suspension of the service will entitle ADM Computing to payment on demand of all amounts owed by the customer under the agreement, whether invoiced or not.
6.8 You shall pay ADM all reasonable costs associated with such suspension of the service and subsequent reconnection if it occurs.
7. Limitation of Liability
7.1 You agree that ADM Computing shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
i) loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
ii) direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under ADM Computings direct control including, without limitation, damage for loss of business, loss of sales, non payments of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where ADM Computing has been advised of the possibility of such loss or damage).
7.2 You also agree that (except in relation to such liability as has been expressly excluded in clause 7.1 above) the maximum aggregate liability of ADM Computing in contract, tort, negligence, statutory duty or otherwise (even where ADM Computing has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
i) any failure by ADM Computing to process signals, data, information, orders or messages correctly or in a timely manner; and
ii) any mis-routing or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained therein; and
iii) any liability not excluded by this Contract;
shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period be limited to £250. This limit shall also apply in the event that any exclusion or other provision contained in this Contract is held to be invalid for any reason and ADM Computing becomes liable for loss or damage that could otherwise have been limited.
7.3 Nothing in this Contract shall exclude:
i) ADM Computings liability for death or personal injury arising from the negligence of ADM Computing, its servants or agents; or
ii) any other liability which it is prohibited from excluding by law.
7.4 You agree and acknowledge that you are in a better position than ADM Computing to foresee and evaluate any potential damage or loss that you may suffer in connection with the Service, and therefore that ADM Computing cannot adequately insure in respect of such liability. You warrant to ADM Computing that you will insure against, or bear yourself, any loss for which ADM Computing has excluded liability.
7.5 ADM Computing excludes all liability of any kind for the information or any other material published or otherwise made available by you or any other person on any website you establish while using the Service. Your use of the Internet is solely at your risk. You warrant that you will comply with all applicable laws in the course of such use. ADM Computing has no responsibility for any information, software, services or other materials obtained by you from any part of the Internet which is outside the control of ADM Computing.
8.1 You shall indemnify ADM Computing and any subcontractor from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Service or any other user of your account of the Service which are brought or threatened against, or suffered or incurred by ADM Computing or by another person or entity.
9.1 You agree that you shall not assign, sell, sub-lease or in any other way transfer or attempt to transfer the Service and this Contract in whole or in part to any third party.
9.2 ADM Computing shall be entitled to assign this Contract either in whole or in part.
10. Matters Beyond Our Reasonable Control
10.1 ADM Computing shall not be held liable for any breach of this Contract caused by circumstances out of its control including Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes or acts of local or central Government or other competent authorities.
11.1 The Intellectual property rights in all software and/or licensed programs and documentation supplied by us for your use in connection with provision of the Service remain our property or that of our suppliers and licensors.
11.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 you must not and must not permit any other person to:
i) distribute copies of the software and/or licensed programs or their documentation to others;
ii) translate, disassemble, reverse engineer, decompile or otherwise alter the software and/or licensed programs or their documentation;
iii) copy or modify the software and/or licensed programs;
iv) create any new software partly or wholly based on the software and/or licensed programs.
11.3 Nothing contained in this provision will affect your statutory rights.
11.4 Subject to the terms of this Contract, you may use the software and/or licensed programs and associated documentation on a non-exclusive basis, but only to the extent necessary for you to access the Service.
11.5 You must not transfer, assign, lease or sub-license your right to use the software and/or licensed programs or attempt to do so.
11.6 You will comply with the terms of all software licences and other agreements for services made available to you in the course of using the Service.
11.7 ADM Computing may offer updates or modifications to such software and/or licensed programs capable of delivery on-line.
11.8 REPAIR, REPLACEMENT OR REFUND (AT THE OPTION OF ADM COMPUTING) IS THE EXCLUSIVE REMEDY IF THERE IS DEFECT IN SOFTWARE PROVIDED BY ADM COMPUTING. IN NO EVENT SHALL ADM COMPUTING OR THE OTHER SOFTWARE PROVIDERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, DATA, USE, OR INFORMATION, EVEN IF ADM COMPUTING OR THE OTHER SOFTWARE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF ADM COMPUTING OR THE OTHER SOFTWARE PROVIDERS EXCEED THE AMOUNT PAID FOR THE LICENSED PROGRAMS AT ISSUE. YOU SHALL NOT USE THE LICENSED PROGRAMS IN ANY CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
12. Data Protection
13.1 ADM Computing reserves the right at its sole discretion to deny any user or prospective user access to the use of this Service or any portion thereof without notice.
13.2 The Customer undertakes to provide ADM Computing free of charge any information reasonably required by ADM Computing in order to fulfil its obligations under the Agreement.
13.3 All information relating to the customer collected by ADM Computing whilst providing the service shall be confidential between the customer and ADM Computing, excepting that ADM Computing at its discretion may use data about use of the service by the customer as part of any report or publication without revealing the customer's identity.
13.4 ADM Computing reserves the right to charge the user for any additional services they may request from ADM Computing.
13.5 The failure of ADM Computing to enforce any term or right arising from this Contract shall not be deemed as a waiver of the right to enforce such term or right in the future.
13.6 ADM Computing reserves the right to change the terms of this Contract from time to time, by giving you two weeks notice sent to your e-mail address as provided by you to us from time to time. Changes in this manner shall be deemed to have been accepted if you continue to use the Service after a period of two weeks from the date of sending an E-mail to your E-mail address.
13.7 If any provision of this agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this agreement and the remainder of the provisions in question shall not be affected.
13.8 This Contract shall be governed by and shall be construed in accordance with the laws of England and Wales.