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Terms and Conditions before 21 October 2002 The following Terms and Conditions apply to all customers who bought Demon Express before 21 October 2002. For those who bought any Demon ADSL product after this date and before 17 December 2002, please see our Demon ADSL Terms and Conditions . For those who bought Demon Express after 17 December 2002, please see our current Demon ADSL Terms and Conditions . Terms and conditions for Demon Express Product RangeThese terms and conditions (the "Conditions") govern your use of the ADSL service; the content, features and functionality of the service are described on the Order Form and here for our Consumer Broadband products and here for our Business Broadband products (the "Service"). The Service is supplied by Demon, a division of Thus plc, registered office Dalmore House, 310 St Vincent Street, Glasgow, G2 5BB, Scotland, Company No. SC192666 ("Demon"). 1. DEFINITIONS 1.1 Please note some terms used in these Conditions will have a certain meaning:
The Order Form details the price and other individual features of your application to receive the Service. These Conditions, together with Demon's Acceptable Use Policy ("AUP"), explain our responsibilities to you and your responsibilities to Demon and to other users of the Service ("Users"). The AUP in particular outlines what we consider to be unacceptable use of the Internet by our customers so that we can take appropriate steps against abusers of the Internet. All references to "Conditions" include reference to the Order Form and the following AUPs (found at www.demon.net/helpdesk/producthelp/aup): Internet Access, Mail, Usenet, User Homepages (for Demon Express customers only) and Generic Commerce. The AUP and the Order Form form an integral part of these Conditions and, unless otherwise expressly stated, all references to "Conditions" include reference to the AUP and to the Order Form. Please indicate your acceptance of the provisions of these Conditions, including the AUP and the Order Form, by signing the Order Form. If there is anything you do not understand, please phone us via our Customer Service Department on 0845 272 2666 between 8am and 11pm or email us at customerservice@demon.net. If you are a Consumer, you must be 18 years or older to register for the Service. By signing the Order Form, or submitting the Order Form to Demon via the online registration process, you confirm to us that you are 18 years of age or older . 2. PROVISION OF THE SERVICE 2.1 The Service is described on the Order Form and at Consumer or Business Broadband. 2.2 You agree to receive the Service and pay the fees for the Service for the Minimum Period of Service. 2.3 Demon will provide the Service to you with reasonable skill and care. It is technically impracticable to provide the Service free of faults and Demon does not undertake to do so. If you are a Business Customer, Demon 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. 2.4 To use the Service, you need to supply us with certain details on your Order Form. We will respect the privacy of this information and will comply with applicable data protection legislation in respect of it. 2.5 Demon shall provide the Service to you according to the Conditions of this Agreement. Demon may obtain telecommunications services from a Carrier in order to supply the Service to you. You accept that it is technically impracticable to provide telecommunications services which are entirely free of faults and Demon does not undertake to do so. You also accept that you may not be able to receive the Service due to certain technical restrictions. 2.6 You must have an Access Line with the Physical Characteristics in order to receive the Service. If you change from or do not maintain adequate Physical Characteristics we cannot be held responsible if you cannot or cease to be able to receive the Service. 2.7 Demon may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. Demon will give you as much notice as possible of any planned interruption of your Service. 2.8 Demon will correct reported faults as soon as possible. Should you encounter a fault with the Service you must report this to Demon at telephone number 0845 272 0040. Demon shall investigate the fault and will actively deal with the fault report between the hours of 9.00am and 5.30pm Monday to Friday, excluding public holidays. 2.9 Demon may include links from time to time from the Service to other Internet sites. Demon 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 use one of the available filtering software products to help prevent access to certain web content. If you would like suggestions as to packages available then contact us on 0845 272 2666 or by email customerservice@demon.net. 2.10 THUS will 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 https://www.password.uk.demon.net/webpassword.cgi. 3. MINIMUM PERIOD OF SERVICE The Minimum Period of Service begins on the date when the Carrier enables you to receive the live Service. Demon reserves the right to suspend or terminate the Service under paragraphs 10 and 11. 4. FEES 4.1 Demon shall provide you with the Service for the fees as set out on the Order Form. These fees are payable monthly in advance from the start of the Minimum Period of Service. Payment will be due on the date specified on the invoice. Payment must be made using one of the methods specified on the Order Form. 4.2 All fees are subject to change from time to time in the event that the Carrier increases its fees to Demon. Details of any such increase shall be posted in accordance with the notice process in paragraph 20 of these Conditions. In addition to the fee set out on the Order Form, Demon shall be entitled to charge the fees set out in the schedule to these Conditions for the reasons given. 5. ACCESS 5.1 Except for customers who self-install the Service, you hereby irrevocably give permission to Demon and its employees, agents or contractors to:
The permissions set out in paragraphs 5.1 above shall continue in force after termination of this Agreement until such time as Demon has removed all Equipment from the Premises. 5.2 You must allow Demon or any Carrier to have access to the Premises at all reasonable hours for the purpose of testing or maintaining any of the Equipment (if Equipment has been installed by Demon) and/or the Service and provide a safe and suitable environment for such access visits. 6. INSTALLATION 6.1 Demon shall attempt to provide and install or procure the provision and installation of the Equipment at the Premises so that the Service can be provided on or before any installation date specified or agreed to by Demon. Any installation date given is an estimate only and Demon shall not be liable for any failure to meet such installation date. 6.2 Demon shall supply you with the relevant information to enable you suitably to prepare the Premises for delivery and installation of the Equipment. You shall at your expense provide suitable accommodation, facilities and environmental conditions for the Equipment. 6.3 Demon shall attempt to comply with your reasonable requests in respect of installation but Demon's decision on the routing of cables and wires and the positioning of outlets and the Equipment shall be final. 6.4 A secure electricity supply is required at the Premises for the installation, operation and maintenance of the Equipment at such points and with such connections as specified by Demon. Unless otherwise agreed, this power supply is to be provided by you. Demon shall not be responsible for interruption or failure of the Services caused by a failure of such power supply. 6.5 You acknowledge that during the installation of the Equipment for the provision of the Service your Access Line may suffer a temporary loss of service which shall be reinstated following installation and/or interference to any other Customer Apparatus or services used in connection with the Access Line (e.g. Access Line security systems) without any liability to Demon. INSTALLATION BY THE CUSTOMER- Paragraphs 6.6 - 6.7 apply to customers who SELF-INSTALL the Service 6.6 You are fully responsible for:
6.7 Demon accepts no liability whatsoever for any loss you or any third party may suffer as a result of:
6.8 Demon does not warrant that any particular Customer Apparatus shall be compatible with the Service and Demon shall not support any Customer Apparatus. 7. OUR EQUIPMENT - Paragraph 7 applies to customers whose Service is installed by Demon 7.1 You agree not to do or allow anything to be done to the Premises that may cause damage to, or interfere with, the Equipment or prevent easy access to it. 7.2 You shall procure at your own expense all permissions, licences, registrations and approvals necessary for Demon to deliver, install and maintain the Equipment for the provision of the Services. 7.3 Following installation of the Equipment, Standard Tests shall be carried out by Demon to ensure that the Service is ready for use. If the Service is not ready for use, Demon shall either repair or replace, at its sole option, the Equipment or any part thereof and repeat the Standard Tests. You shall be entitled to use the Services following Demon informing you of successful completion of the Standard Tests. 7.4 The Equipment shall remain the property of Demon or the supplier of such Equipment and you shall at all times make clear to third parties that such Equipment is the property of Demon or a third party supplier of such Equipment. 7.5 You shall be responsible for ensuring at all times the safekeeping and proper use of the Equipment after delivery and installation at the Premises. You shall be liable to Demon for any loss or damage to the Equipment (except where it can be shown that such loss or damage was caused by the negligence of Demon or due to fair wear and tear). You will notify Demon immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) you undertake:
7.6 If you are a Demon Express Gold customer, you may reconfigure the Sun Cobalt Qube 3 box which is leased to you for the Demon Express Gold service. Demon accepts no liability for any loss you may suffer as a result of such reconfiguration. 8. CUSTOMER APPARATUS 8.1 You shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service. 8.2 You shall ensure that all Customer Apparatus complies with any applicable law. You shall immediately disconnect any Customer Apparatus if such apparatus does not, or ceases to, conform to applicable standards (if any) for the time being in force. Demon reserves the right to disconnect any Customer Apparatus used by you if you do not fulfil your obligations under this paragraph or if, in the opinion of Demon, such Customer Apparatus may cause the death or any personal injury to any person or damage to property or materially impairs the quality of any telecommunication service provided by means of the Demon System and you agree to disconnect such Customer Apparatus at the request of Demon. 8.3 Demon accepts no liability whatsoever for any loss you may suffer as a result of your use or misuse of the Customer Apparatus or as a result of any faults in your Customer Apparatus. 9. YOUR USE OF THE SERVICE 9.1 You must NOT use the Service:
9.2 You will co-operate with Demon's reasonable requests for information regarding your use of the Service and supply such information without delay. 9.3 You shall not share use of the Service, or any part of it, with any other person except, if you are a Consumer, with members of your household at the same address. 9.4 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 Demon to review and evaluate such records from time to time to ensure your compliance with your obligations in this paragraph 9.4. 9.5 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 without Demon's prior written consent. 9.6 Where you use the Service to reach networks and services not operated by Demon, you will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services. 10. BREACH OF CONDITIONS If you are a Business Customer: 10.1 We shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to our network systems or security and in doing so we will act reasonably and fairly at all times. 10.2 We reserve the right to take any action we deem appropriate and proportionate to the breach of the Conditions. 10.3 If we decide that you have breached the Conditions, we will use reasonable endeavours to ensure that you are made aware of the breach without suspension or termination of the Service. However it may be necessary, due to the severity of the breach, to suspend or end the Service whilst details of the breach are investigated further. We reserve the right to suspend or end your Account at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service. If you are a Consumer: 10.4 We shall investigate any suspected or alleged breach of these Conditions and in doing so we will act reasonably and fairly at all times. We reserve the right to take any action we deem reasonably appropriate and proportionate to the breach of the Conditions. 10.5 If we decide that you have breached the Conditions, we will use reasonable endeavours to give you 7 days notice of our intention to suspend or end the Service and, if the breach is capable of remedy by you, you will have the opportunity to remedy the breach before the end of the 7 day notice period. If the breach is incapable of remedy, or you fail to remedy it, we reserve the right to suspend or end the Service at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service. Particular examples of breaches which are incapable of remedy include jeopardising or compromising the security or integrity of our network and serious breach of the AUP, including, for example, the posting or transmission of defamatory content through or in connection with the Service. However it may be necessary, due to the severity of the breach, to suspend or end the Service whilst details of the breach are investigated further. 11. TERMINATION 11.1 You may end this Agreement to take effect after the Minimum Period of Service by giving Demon not less than thirty (30) days' written notice. If you wish to end this Agreement before the end of the Minimum Period of Service, Demon shall be entitled to charge you fees which would have been payable by you for the balance of the Minimum Period of Service. If you move from your Premises, Demon shall be entitled to charge you fees which would have been payable by you for the balance of the Minimum Period of Service at the Premises. If you wish to receive the Service at a new location, you are required to start a new contract for Service at your new premises. 11.2 Demon may end this Agreement immediately upon written notice to you if:
11.3 Your right to use Service shall immediately terminate when the Agreement comes to an end. 12. RIGHT TO CANCEL 12.1 You shall not have the right to cancel the Service once you have submitted the Order Form to Demon, as this will initiate provisioning of the Service by Demon and the Carrier. If you attempt cancellation after you have submitted the Order Form to Demon, you may be liable to pay:
13. LIMITATION ON LIABILITY 13.1 Nothing in this Agreement shall exclude or limit liability for
13.2 Demon shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for:
13.3 Excepting paragraphs 13.1 and 13.2, our liability in contract, tort, negligence or otherwise arising in connection with this Agreement shall be limited to £10,000 for any event or related series of events and £25,000 for all events in any period of 12 months. 13.4 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. 13.5 Any data included in the Equipment upon installation by Demon is for testing use only and Demon hereby disclaims any and all liability arising therefrom. This paragraph 13.5 is not applicable to customers who self-install the Service. 14. INDEMNITY 14.1 If you are a Business Customer you agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by you; and (b) any transmission or receipt of any content or message which you have requested or made using the Service. 14.2 If you are a Consumer, you must indemnify us against any claims or legal proceedings arising from your use of the Service under these Conditions (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person where you are at fault. 15. DATA PROTECTION/PERSONAL DETAILS 15.1 We may retain your personal data, and you authorise us to use your personal data, for the following purposes:
15.2 It is your responsibility to keep the personal data that you provide to us up to date. We may send notices or other information to you at the address you give us. You should notify us immediately of any change to your personal data by sending us an email to customerservice@demon.net. 16. NOTICES 16.1 Any notice required or permitted under this Agreement must be in English and in writing and sent either: by post to Demon Internet, Gateway House, 322 Regents Park Road, Finchley, London N3 2QQ. Attention: Customer Relations Team; or by email to customerservice@demon.net. 16.2 Any notice to be sent to you will be sent to the address which you provide on the Order Form or such other address as you shall have given written notice of as the billing address. 17. ASSIGNMENT 17.1 Demon reserves the right to assign or sub-contract any or all of our rights and obligations under this Agreement without your further consent to such assignment or sub-contract. You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior written consent of Demon. 18. MATTERS BEYOND THE PARTIES' REASONABLE CONTROL 18.1 If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party's reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other for such failure to perform its obligations. 19. PROPRIETARY RIGHTS 19.1 All title, interests, and rights (including intellectual property rights) in the Service remain in Demon 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 Demon's (or any third party supplier's) title, interests or rights with respect to the Service including, but not limited to, using Demon's trademarks or tradename. 19.2 You are the registered owner of your domain name for the Service and can transfer it upon termination of this Agreement to another Internet service provider. 20. AMENDMENT OF THESE CONDITIONS 20.1 If you are a Business Customer, we reserve the right to add to and/or amend the Conditions at any time. If we amend these Conditions, we will notify you by sending you a letter or email advising of the amendment 30 days before the amendment is to take effect. If you continue to use the Service after any amendments to these Conditions have been notified to you, you will be deemed to have accepted such amendments. 20.2 If you are a Consumer, we reserve the right to add to and/or amend the Conditions at any time. If we amend these Conditions, we will send you a letter or email advising of the amendment 30 days before the amendment is to take effect. You may end your use of the Service by sending us an email to customerservice@demon.net within 30 days of receiving our notification. We will then reimburse you any fees paid to us for Service after such end date. If you continue to use the Service after any amendments to these Conditions have been notified to you and after the 30 day period has expired, you will be deemed to have accepted such amendments. 21. MISCELLANEOUS 21.1 Any amendment to this Agreement must be in writing and signed by an authorised representative of each party. 21.2 The Agreement and the Service shall be governed by the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the courts of England. 21.3 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to this Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same. 21.4 Any failure by either of us to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision.
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©Copyright 2008 THUS
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