Conditions of Wireless Internet Service.
Pre-Pay on-line via Credit Card
1. INTERPRETATION
In this Contract:
“LEN ” means Liberty Europe Network Ltd of Keble House, Church End, South Leigh, Witney, Oxfordshire. OX29 6UO, registered in England No. 4591737.
“LEN Network” means LEN’s communications network used to provide the Service from the Site to the Internet.
“Contract” means, in order of precedence, these Conditions, and the conditions detailed on the Voucher.
“Credit Card” means a credit or debit card registered in the United kingdom and accepted by LEN for payment.
“Customer” means the person who logs into the Service using the details on the Voucher. LEN may accept instructions from another person who LEN reasonably believes is acting with the Customer’s authority or knowledge.
“Internet” means the global data network comprising interconnected networks using the TCP/IP protocol suite.
“IP” means Internet Protocol
“Service” means the service described in paragraph 3 of these Conditions.
“Site” means each physical location of the radio access points offering the Service.
“URL” means a uniform resource locator.
“Voucher” means a voucher valid until the expiry date shown on the card (if any) or such date as LEN advises to you, providing a login name and password to use the Service.
2. COMMENCEMENT OF THIS CONTRACT
The Customer can sign up for the Service on-line at www.libertyeurope.net. When the Customer has done this and LEN has accepted payment for the Service, this Contract and the Service (as set out in these Conditions and on the on-line order form) starts.
3. SERVICE DESCRIPTION
3.1 LEN is a wireless data service using radio frequency to a Site, and fixed line connections from the Site to connect to the LEN Network and subsequently on to the Internet.
3.2 When a Customer is located within the radio frequency coverage area of a Site it may connect to the Service using it’s computing equipment and login name and password.
3.3 The Service is dependent on the Customer’s computing equipment, however this is not provided as part of this Service.
3.4 The Service includes connection to the LEN Network and then on to the Internet but does not include services once the Customer is connected.
3.5 Due to the nature of the Service the Customer acknowledges and accepts that LEN does not guarantee the security of the Service against unlawful access. The Customer should also ensure adequate security to stop unlawful access to its use of the Service
4 SERVICE PROVISIONING
4.1 LEN will provide the Service to the Customer on the terms of this Contract and with the reasonable skill and care of a competent internet service provider.
4.2 LEN will use reasonable efforts to provide uninterrupted Service but from time to time faults may occur, which LEN will repair as soon as reasonably practicable.
4.3 Occasionally LEN may:
(a) for operational reasons, change the codes or the numbers used by LEN for the provision of the Service or the technical specification of the Service, provided that any change to the technical specification does not materially affect the performance of the Service;
(b) give the Customer instructions which it believes are necessary for reasons of health, safety, security or the quality of any telecommunications service provided by LEN to the Customer or any other customer; or
(c) temporarily suspend the Service because of an emergency or for operational maintenance or improvements. Service will be restored as soon as reasonably practicable.
Before doing any of these things LEN will give the Customer as much notice as possible.
4.4 LEN will provide a Helpdesk for the Customer available weekdays 9.00am - 5.00pm excluding public and bank holidays. Upon initial fault diagnosis by LEN, those faults that in LEN’s opinion are not attributable to the Service shall be referred back to the Customer who reported the fault.
4.6 LEN will take all reasonable steps to ensure that the Service meets an acceptable service standard but no specific guarantees of service standards are offered in respect of the Service. In particular LEN offers no guarantee or warranty for the performance of the Internet.
5. USE OF THE SERVICE
5.1 It is the Customer's responsibility to obtain and keep in force any licence necessary for the Customer to use the Service in any country in which it is provided.
5.2 The Service must not be used in any way that:
(a) does not comply with the terms of any legislation or any licence applicable to the Customer or that is in any way unlawful;
(b) does not comply with any instructions given under paragraphs 4.3(b) and 6.1 or any other public telecommunications operator or other competent authority, in any country where the Service is provided.
5.3 The Customer must indemnify LEN against any claims or legal proceedings which are brought or threatened against LEN by a third party because the Service is used in breach of paragraphs 5.1 or 5.2. LEN will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings and have due regard to the Customer’s representations.
5.4 The Service must not be used:
(a) to send, receive, upload, download, use or re -use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
(b) to cause annoyance, inconvenience or needless anxiety;
(c) to send or provide or receive unsolicited advertising or promotional material;
(d) other than in accordance with the acceptable use policies of any connected networks and the Internet standards
5.5 If the Customer or anyone else, with or without the Customer's knowledge or approval, uses the Service:
(a) in contravention of paragraph 5.4 of this Contract; or
(b) in any way which, in LEN’s opinion, is, or is likely to be, detrimental to the provision of the Service to the Customer or any other customer and fails to take corrective action within a reasonable period of receiving notice from LEN, LEN can treat this as a material breach of the Contract and terminate this Contract forthwith.
5.6 The Customer acknowledges that LEN has no control over the information transmitted via the Service and that LEN does not examine the use to which customers put the service or the nature of the information they are sending or receiving. LEN excludes all liability of any kind in relation to such information and use, in particular liability to any virus contracted as a result of using the service.
6. CONNECTION OF EQUIPMENT TO THE SERVICE
6.1 The Customer must ensure that any equipment:
6.1.1 connected to or used with the Service must be connected and used in accordance with any applicable instructions, safety and security procedures; and
6.1.2 attached (directly or indirectly) to the Service is compliant with any relevant legislation.
7. ACCESS TO SITES
LEN does not authorise or guarantee access to any of the Sites for the Customer to use the Service or guarantee that Service will continue to be available from a specific Site.
8. CHARGES
The Customer must pay in advance via Credit Card the charges for the Service option selected on-line at www.libertyeurope.net and this forms part of the Contract.
9. CUSTOMER RESPONSIBILITIES
9.1 The Customer is responsible at its own expense for having suitable computing equipment such as laptop or pocket personal computers with wireless LAN and associated software and configurations for use with the Service.
9.2 The Customer is responsible for the security and proper use of all passwords used in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
9.3 The Customer must immediately inform LEN if there is any reason to believe that a password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in a manner not authorised by LEN. .
9.4 The Customer must not change or attempt to change a Password.
9.5 LEN reserves the right to suspend Password access to the Service if at any time LEN considers that there is or is likely to be a breach of security.
9.6 LEN reserves the right (at its sole discretion) to require the Customer to change any or all of the passwords used by the Customer in connection with the Service.
9.7 The Service does not prevent the Customer implementing additional security eg. firewalls on the Customer’s equipment or networks.
10. LIMITATION OF LIABILITY
10.1 LEN accepts limited liability of £1,000,000 for death, personal injury and 3rd party property damage resulting from its negligence. Paragraphs 10.2 and 10.3 do not apply to such liability.
10.2 LEN has no liability for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profits, or savings the Customer expected to make, waste expense, financial loss or data being lost or harmed.
10.3 LEN is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including internet registration authorities) or for faults in or failures of their equipment.
10.4 Each provision of this Contract, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts will continue to apply.
11. MATTERS BEYOND THE REASONABLE CONTROL OF EITHER PARTY
11.1 If either party is unable to perform any obligation under this Contract because of a matter beyond that party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving that party’s employees) or acts of local or central Government or other competent authorities, or events beyond the reasonable control of that party's suppliers, that party will have no liability to the other for that failure to perform.
11.2 In the event of:
(a) a refusal or delay by a third party to supply a telecommunications service to LEN and where there is no alternative service available at reasonable cost; or
(b) the imposition of restrictions of a legal or regulatory nature which prevent LEN from supplying the Service
then LEN will have no liability to the Customer for failure to supply the Service.
12. ENDING THIS CONTRACT BEFORE THE SERVICE HAS BEEN USED
The Customer may cancel this Contract at any time prior to the point of first use of the Service by the Customer or up to 7 days commencing from the day after the Customer accepts the Contract terms, whichever is the earlier. Once the Customer has begun to use the Service the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
13. THIRD PARTY RIGHTS
A person who is not party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
14. LAW AND JURISDICTION
This Contract is governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the English courts.