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Leverburgh WiFi Network - Internet Terms and Conditions / Agreement

1. Introduction
This Agreement covers the use and supply of a Standard Internet Connection provided by Leverburgh WiFi Network.

2. Name and Address of Supplier
Leverburgh WiFi Network , 12 Dunmore Crescent, Leverburgh, Isle of Harris, Western Isles, HS5 3TT

3. Services Covered by this Agreement
A Standard Internet Connection from Leverburgh WiFi network, provided to a single, specific network device. The service provided is 'always on' and (although very fast and similar to) does not claim to be a broadband Internet service.

4. Prices
A standard Internet connection via Leverburgh WiFi Network costs £15.99 per calendar month.

Monthly subscription charges shall be paid monthly in advance without set off or deduction by cheque. Such payments shall be non refundable. The Customer shall not be entitled to any reduction in charges in the event it does not use all or any part of the Services made available under this Agreement. Leverburgh WiFi Network reserves the right to increase or decrease charges. The Customer will be notified 3 months in advance of any proposed increase in prices and has the right to cancel this agreement after the initial twelve (12) months. Such increases or decreases will not affect charges or payments already made.

5. 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.

6. Termination
This agreement is for 12 (twelve) calander months. If you give us notice that ends, or we end this contract under paragraph 5, 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 first 12 (twelve) months the agreement may be terminated by the Customer at any time, following payment for any 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.

7. Compensation / Refunds
Leverburgh WiFi Network will use all reasonable endeavours to maintain services, but reserves the right to suspend the service for operational reasons in the interests of improving or protecting the service or the network. Any payments outstanding shall remain payable to Leverburgh WiFi Network. The technologies uses are not flawless and the Customer will not be eligible for any compensation because they cannot use the service or because of a failure, suspension or withdrawal of all or part of the service. However, if the service fails for a period longer than would be considered reasonable compensation may be granted ONLY at the discretion of Leverburgh WiFi Network. Leverburgh WiFi Network reserve the right to change the service at any time.

8. Disputes / Complaints Procedure
In the case of a dispute / complaint the customer shall contact Leverburgh WiFi Network. Should the Customer or Leverburgh WiFi Network be unable to settle such complaints or disputes between themselves, the Customer may request the contact details for the independent dispute arbitrator for Leverburgh WiFi Network to resolve the dispute or complaint.

9. Customer Equipment
The Customer shall, at its own cost, be responsible for the installation and maintenance of any Customer Apparatus for connection to the service, with the exception of any equipment supplied by Leverburgh WiFi Network which will be subject to separate agreement and pricing.

10. 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.
Notify Leverburgh WiFi Network and change any passwords which they believe may have been compromised.
Ensure that they will not procure or attempt to procure the password of any other user of the service.
Be responsible for supplying, configuring and using their own security software and for ensuring the configuration of file-sharing or printer-sharing or other network attributes of their systems are secure.

Leverburgh WiFi Network reserves the right to suspend or change any password that it believes may have been compromised.

11. Acceptable Use
The Customer shall not knowingly use the Services to receive or transmit material that is obscene, threatening, menacing, offensive, defamatory, in breach of confidence or in breach of copyright or any other third party intellectual property rights or is otherwise contrary to any applicable law or regulation.

It shall be a breach of the terms and conditions of service for the customer to allow whether knowingly or otherwise the service to be used for the purposes of sending chain letters, bulk unsolicited e-mails, cross postings of news items to unrelated groups, excessive multiple postings of articles to news groups, posting of binary material to non-binary groups or forging e-mail addresses headers or IP addresses.

If the Customer makes use of the Services in any way which is to the detriment of Leverburgh WiFi Network or it's customers, Leverburgh WiFi Network will reserve the right to suspend the use of the Services. Without prejudice to the foregoing Leverburgh WiFi Network considers that any applications, services or procedures which make excessive use of the Services to the detriment of Leverburgh WiFi Network or its Customers (for example overly large or excessive downloads) are expressly prohibited. The definition of excessive is at the sole discretion of Leverburgh WiFi Network but will be applied in a non-discrimatory manner to all users of such detrimental services.

Leverburgh WiFi Network endeavours to ensure an excellent service is given to all customers. If you have a large download planned or you think your downloads could be considered excessive it is vitally important that you contact us before you proceed. We will then dicuss the various options available to you and hopefully help you avoid a breach of your agreement.

12. Limitation of Liability
The Customer acknowledges that Leverburgh WiFi Network is unable to exercise control over the content of information passed using the Services and Leverburgh WiFi Network hereby excludes liability of any kind arising as a result of the transmission or reception of any information of whatever nature. Leverburgh WiFi Network accepts no liability for any use the customer makes of the services, for any charges that the customer may incur with any third party.

Leverburgh WiFi Network has no obligation, duty or liability in contract, tort, or breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.

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.

In any event in no circumstance shall Leverburgh WiFi Network be liable in contract, tort (including negligence or breach of statutory duty), or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss whatever.

If the Service is to be provided by a date specified by the Customer or Leverburgh WiFi Network such date shall be treated as an estimate and Leverburgh WiFi does not accept any liability for failure to meet the date.

Leverburgh WiFi Network shall not be liable for any loss or damage whatsoever caused by any failure to perform any obligations under this contract if such failure is caused by or attributable to events, acts or omissions beyond its control, including the acts or omissions of other telecommunications providers.

The Customer shall (without prejudice to the other rights and remedies of Leverburgh WiFi Network) indemnify, defend and hold harmless Leverburgh WiFi Network in full against all losses, costs, damages, charges, expenses and other liabilities awarded against or incurred by Leverburgh WiFi Network as a result of or in connection with any claim made against Leverburgh WiFi Network by any third party in respect of use of all or part of the Services by the Customer in contravention of the above conditions.

The Customer shall promptly inform Leverburgh WiFi Network fully of any actual, threatened or suspected claims or proceedings which come to the Customer's notice that use of the Services infringes any of the matters specified in conditions above. Where the Customer has notified Leverburgh WiFi Network under this Condition, Leverburgh WiFi Network shall take such action as it deems reasonable. The Customer undertakes with Leverburgh WiFi Network that it will, at the request of Leverburgh WiFi Network, do all such things as may be reasonably required to assist Leverburgh WiFi Network in defending or resisting any proceedings.

The customer shall indemnify Leverburgh WiFi Network without limitation of liability in respect of loss or damage (howsoever caused) suffered by the Leverburgh WiFi Network through the breach of these conditions of use. The customer will also meet Leverburgh WiFi Network legal costs in respect of pursuing or defending any action resulting from a breach of the conditions of use.

13. Definitions
In these Terms and Conditions:

"The Schedule"means the customer order form annexed to these terms and conditions;
"Agreement" means this agreement for the provision of the service 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 service is available and ready for use.
“Customer Apparatus” means any apparatus, and any software embodied therein not forming part of the service (but which may be connected to the service) and used by the Customer in conjunction with the Service in order to obtain or use the Service including without limitation personal computers, network interface cards and network interface adapters.

14. Duration of the Agreement
This agreement commences upon signature by both parties and continues for 12 (twelve) calander months. Thereafter this agreement shall continue indefinitely pending cancellation for whatever reason by either the Customer or Leverburgh WiFi Network.

For and on behalf of Leverburgh WiFi Network:

Print name: ______________________________________________________________

Signed: _____________________________________________date______________

Notes:
________________________________________________________________________

________________________________________________________________________

Customer:

I agree to the terms and conditions herein, at a monthly (or any part of a month) charge for serivce of, currently, £15.99.

Print name: ______________________________________________________________

Signed: _____________________________________________date_______________