Leverburgh WiFi Network - Terms and Conditions for Use of Wireless Equipment / Agreement

1. INTRODUCTION
This Agreement covers the use and supply of a wireless equipment provided by Leverburgh WiFi Network for use on the said network. Connection to Leverburgh WiFi Network is free and can be accessed by anyone using their own equipment, equipment supplied by Leverburgh WiFi Network or any third party. To access the internet through the Leverburgh WiFi Network requires a further agreement (Internet Terms & Conditions) available on this web site.

2. NAME AND ADDRESS OF SUPPLIER
Leverburgh WiFi Network, 12 Dunmore Crescent, Leverburgh, Isle of Harris, Western Isles, HS5 3TT

3. INSTALLATION
Prior to installation, Leverburgh WiFi Network shall have performed a site-survey to determine both the suitability and availability of network access at the Customer Premises and the location of any internal and external devices or aerials. This survey will identify the most suitable way in which all equipment, cables etc. should be placed and, although customers requests will be respected, the decision of Leverburgh WiFi Network on said siting will be final and binding.

Leverburgh Wifi Network shall hold no responsibility for loss of data or any other loss during the installation unless damage occured as a direct result of negligence on the part of Leverburgh WiFi Network. Leverburgh Wifi Network will also not be held liable for loss of data or damage where this could have been avoided by the backing up of data and/or information. It is therefore advised that all information and data be backed up by the customer prior to installation.

4. PERMISSIONS
Prior to installation, the customer must seek any required permissons for the mounting or installing of equipment from any third party such as landlord or local Council, and shall agree to indemnify Leverburgh WiFi Network against all claims or charges resulting from a failure to do so.

Leverburgh WiFi Network reserves the right to remove or disable the installation if it is found that an installation breaches any such regulations, landlord agreements or third party owner of the property and until such time that confirmation from all parties of the status of the installation has been made to Leverburgh WiFi Network. Leverburgh WiFi Network will not be held liable for any loss incurred by the customer or third party by the removal or disablement of said installation under such circumstances.

5. OWNERSHIP
Any equipment supplied & installed by Leverburgh WiFi Network shall remain the property of Leverburgh WiFi Network unless by other, separate agreement. Leverburgh WiFi Network retains the right to modify, substitute, renew or add to the Equipment to maintain the quality and security of the Network. Prior to any such change access (see below) will be requested where required and, where possible, adequate warning will be given.

The Customer shall be responsible for ensuring at all times the safe keeping and proper use of the Equipment at the Site and shall be liable for any loss or damage to the Equipment at the full cost to Leverburgh WiFi Network of replacement for similar equipment. In particular (but without prejudice to the generality of the foregoing and without limitation) the Customer agrees:-

• to comply with all reasonable instructions as Leverburgh WiFi Network may notify to the Customer from time to time;
• not to (and to ensure that no other person shall) sell, let, transfer, dispose of, add to, mortgage, charge, modify, repair, service, tamper with, remove or interfere with the Equipment or suffer any distress, seizure or execution to be levied against any of the Equipment or otherwise do anything prejudicial to Leverburgh WiFi Network's rights in the Equipment;
• to keep the Equipment at the Site and stationary at all times unless the equipment has been designed specifically for mobile use
• not to cause the Equipment to be repaired, serviced or otherwise attended to except by an authorised representative of Leverburgh WiFi Network and to permit Leverburgh WiFi Network or their representatives to inspect or test the Equipment at all reasonable times;
• not to do anything or knowingly to allow to subsist any circumstance, matter or thing, which is likely to damage the Equipment or detract from or impair its performance or operation;
• not to remove, tamper with or obliterate any words or labels on the Equipment or any part thereof;
• to use all its reasonable endeavours to ensure that it operates the Equipment in a skillful and proper manner and will keep the Equipment in good order, repair and condition; and
• notwithstanding the preceding provisions of this clause in the case of an Emergency, to take whatever steps as are reasonably necessary to safeguard the Equipment and to notify Leverburgh WiFi Network as soon as possible of the circumstances of such Emergency.
• The Customer shall immediately notify Leverburgh WiFi Network of any loss or damage to the Equipment.

Leverburgh WiFi Network shall have no liability whatsoever for any loss or damage caused to the Customer Apparatus or incurred by the Customer arising as a result of the use of the Customer Apparatus in conjunction with any services. The Customer acknowledges that Leverburgh WiFi Network shall not be responsible for the repair and maintenance of Customer Apparatus. The Customer is responsible for supplying, configuring and using their own Anti-Virus software and /or Firewall software and for ensuring the configuration of file-sharing or printer-sharing or other network attributes of their systems are secure.

6. CUSTOMER EQUIPMENT
The installation will be presented as a single RJ45 socket with standard Ethernet network connection. The customer may connect any standard, single Ethernet-compatible device to the socket. Leverburgh WiFi Network will provide details of network settings (e.g. Addresses, etc) required for correct setup of any devices attached to the Equipment.

For the avoidance of doubt, the installation of the Equipment shall not require Leverburgh WiFi Network to connect it to the Customers computer, computer server, or to the Customers computer network generally, and consequently it shall be the sole responsibility of the Customer to complete this connection, and Leverburgh WiFi Network shall only be required to make the equipment available to the Customer in the manner detailed in the Agreement so as to enable this connection to be effected by it. Leverburgh WiFi Network may, at their discretion and at an optional charge agreed beforehand, configure and connect the equipment to the Customer's computer or network. Without being under any obligation to do so, where Leverburgh WiFi Network in its sole discretion assists the Customer in the preparation of the Customer Apparatus or procures such assistance from a Third Party, the Customer shall pay Leverburgh WiFi Network's and/or such Third Party's charges, if any, at Leverburgh WiFi Network's option.

Leverburgh WiFi Network shall have no liability whatsoever where the Customers inability to use the Equipment is due to incompatibility between the Customer Apparatus and the Equipment or the Service, or for any breakdown or failure in the Customer Apparatus, or for any incapability of the Customer Apparatus to use the Service.

The Customer shall ensure or procure that all Customer Apparatus complies with any relevant Law. Leverburgh WiFi Network reserves the right (so far as it is able) to disconnect any Customer Apparatus if the Customer does not fulfill its obligations under this Clause or if, in the reasonable opinion of Leverburgh WiFi Network, such Customer Apparatus does not, or ceases to, conform or comply with any relevant Law or to applicable and material standards, or may cause the death of, or any personal injury to, any person, or material damage to property or materially impair the quality of any service provided by Leverburgh WiFi Network.

7. SECURITY
The Customer agrees to keep confidential all passwords, user-names, configuration details and other information provided to the Customer by Leverburgh WiFi Network persuant to usage of the Equipment or any other services.

8. ACCESS
Where the Site(s) are under the sole control of the Customer:

The Customer hereby irrevocably gives permission to Leverburgh WiFi Network, and their respective employees, agents or contractors on reasonable notice at such reasonable times to:

• execute any works on the property comprised in the Site(s) for, or in connection with, the installation, maintenance, adjustment, repair, alteration, moving, replacement, renewal or removal of the Equipment;
• keep and operate the Equipment installed on, under or over the Site(s);
• enter the Site(s) to inspect any of the Equipment kept on, under or over the Site(s) or elsewhere;
• enter the Site(s) to inspect the Customer Apparatus where Leverburgh WiFi Network has reasonable reason to believe that such Customer Apparatus does not comply with the terms hereof and/or is not functioning properly but in accordance with the above clauses hereof Leverburgh WiFi Network shall have no obligation to repair or maintain such Customer Apparatus; and/or
• enter the Site to remove any Equipment on termination of the Agreement for whatever reason.

Leverburgh WiFi Network agrees with the Customer to cause as little disturbance, damage and inconvenience as reasonably possible when exercising any of its rights under this permission and to make good (to the reasonable satisfaction of the Customer) as soon as reasonably practicable any damage that Leverburgh WiFi Network, its employees, agents or contractors may cause to the Site(s). For the avoidance of doubt, Leverburgh WiFi Network shall not be liable for any redecorating work.

9. DURATION
This agreement shall come into effect on the Service Commencement Date and shall continue for 12 (twelve months) amd thereafter indefinitely unless earlier terminated pursuant to these Conditions. At the end of the agreement all equipment, software and other provided equipment shall be returned to Leverburgh WiFi Network by the Customer and any damage payments or other additional charges for repair or replacement of equipment be evaluated and paid by the Customer, should that prove necessary.

10. If you break this contract
Either of us can end this contract immediately on notice at any time if the other:

(a) commits a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so;
(b) commits a material breach of this contract which cannot be remedied;
(c) is repeatedly in breach of this contract; or
(d) is the subject of bankruptcy or insolvency proceedings, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of their assets, or they go into liquidation.

We can end this contract with immediate effect if we have previously terminated your use of any service due to your breach.

11. TERMINATION
This agreement is for 12 (twelve) calander months. If you give us notice that ends, or we end this contract under paragraph 11, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for any remaining period of that 12 months. After the 12 (twelve) months this agreement may be terminated by the Customer at any time, following payment for any month or part of a month, by written notification to Leverburgh WiFi Network. Leverburgh WiFi Network reserve the right to terminate this agreement, following written notification, should the Customer fail to maintain payment of any charges due within the due date stated on any invoice issued to the Customer.

12. CHARGES
Monthly subscription charges shall be paid monthly in advance without set off or deduction by cheque.. Such payments shall be non refundable. Leverburgh WiFi Network reserves the right to increase charges in line with any increase in duties or any other relevant sales tax or charge. Leverburgh WiFi Network reserve the right to review and increase or decrease the monthly subscription, following any review of prices: the Customer will be notified 3 (three) months in advance of any proposed increase in prices. Such increases or decreases will not affect charges or payments already made.

13. DEFINITIONS
In these Terms and Conditions:

• "The Schedule"means the customer order form annexed to these terms and conditions;
• “Equipment” means the wireless equipment, its associated cabling and any and all other necessary supplies to allow the equipment to operate correctly.
• "Agreement" means this agreement for the provision of the Equipment by Leverburgh WiFi Network;
• "Customer" means the person, persons or organisation named in the Schedule;
• "Customer Premises" means the premises of the Customer identified in the Schedule;
• "Services Commencement Date" means the date Leverburgh WiFi Network advises the Customer that the Equipment is available and ready for use.
• “Customer Apparatus” means any apparatus, and any software embodied therein not forming part of the Equipment (but which may be connected to the Equipment) and used by the Customer in conjunction with the Equipment in order to obtain or use the Service including without limitation personal computers, network interface cards and network interface adapters.

Printable form here with placings for signatures - please remember to set your printer to A4