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| The following terms and conditions
apply to the Venus Consulting Dial freecall home and business
products: |
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1. Interpretation
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1.1 In this Contract
unless the context otherwise requires:
"Venus Consulting"
means Venus Consulting Limited,
or a subsidiary of Venus Consulting Limited.
"Charges List"
means a list of charges and
payment methods for the Service details of which we publish
online at URL http://www.Venus
Consulting.co.uk or any other URL which we notify
to you.
"Content" means
data, information, video, graphics, sound, music, photographs,
software and any other material (in whatever form) which
may be made available to you as part of the Service.
"Contract" means
the agreement between us and you incorporating these Conditions,
the Registration Form, and the Charges List.
"Technical Support" means
the helpdesk facility provided by us to handle enquiries
and administration for the Service.
"Internet"
means the global data network
comprising interconnected networks using TCP/IP ("Transmission
Control Protocol/Internet Protocol").
"Minimum Period of Service"
means the first month of the
Service, unless a different period of Service is stated
in the Charges List depending on the payment option which
you select or have selected during completion of the Registration
Form, and which begins on the day we first make the Service
available to you.
"Registration Form"
means the online registration
form and which you must complete before you can access
the Service for the first time. In some circumstances
we may complete the Registration Form with you on the
telephone.
"Service"
means the service provided
by us to you whereby you can gain access to the Internet
including Content and, where applicable, any other services
and applications which we provide and you use in connection
with the Service.
"Software"
means any software provided
by us to enable you to access or use the Service.
"Third Party Information"
means data, information, video,
graphics, sound, music, photographs, software and any
other material (in whatever form) which someone other
than you makes available on your Website.
"you" means
the person we make this Contract with.
"we",
"our" and
"us" means
Venus Consulting Internet Limited
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2. Commencement of This Contract
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This Contract starts on the day when we accept your registration
for the Service, following completion of the Registration
Form.
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3.
Provision of the Service
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3.1
We agree to provide you with the Service on the terms
and conditions of this Contract, which sets out the
entire agreement between you and us for the provision
of the Service. We may accept instructions from another
person who we reasonably believe is acting with your
authority or knowledge.
3.2
In performing our obligations under this Contract we
will exercise the reasonable care and skill of a competent
Internet service provider.
3.3
You acknowledge that by accepting the terms and conditions
of this Contract you will be deemed to be consenting
to immediate provision of the Service by us to you.
Accordingly, you will have no right to cancel the provision
of the Service under the Consumer Protection (Distance
Selling) Regulations 2000.
3.4
The Service allows you to access the Internet. The Internet
is separate from the Service and use of the Internet
is at your own risk and is subject to any applicable
laws. We have no responsibility for any goods, services,
information, software, or other materials obtained by
you when using the Internet.
3.5
We cannot guarantee that the Service will never be faulty
but we will correct reported faults as soon as we reasonably
can. If a fault occurs you should report the fault by
telephone, electronic mail or in writing to technical
support.
3.6
The Service is accessed via a telecommunications dial-up
connection. This Contract does not include the provision
of telecommunication services necessary for connection
to the Service. You are responsible for making a separate
application for the appropriate service and for complying
with the conditions applicable to it.
3.7
You are responsible for providing a suitable PC, an
appropriate interface, modem and any other items of
hardware or communications equipment necessary to enable
you to access the Service.
3.8
Venus Consulting will use reasonable efforts to make
the Service available 24 hours per day, 7 days a week,
but from time to time faults may occur which affects
this level of Service availability. We may temporarily
suspend the Service because of an emergency or for operational
reasons, maintenance or improvements, but before doing
so will give you as much notice as is reasonably practicable.
We will restore the Service as soon as reasonably practicable
after temporary suspension.
3.9
We may, from time to time, vary the technical specification
of the Service or alter any code or number associated
with the Service. We will give you as much notice as
we reasonably can of any such variations which affect
your use of the Service.
3.10
The Service may comprise software, services, technical
information, training materials or other technical data
which, because of their origin or otherwise are subject
to the United States of America export control regulations
or the laws or regulations of another country. In such
cases, provision of the Service will be conditional
on obtaining and maintaining all necessary consents.
You agree to comply with any such laws and regulations
of any country that are applicable to your use of the
Service.
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4. Charges
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4.1
You agree to pay all charges for the Service as specified
in the Charges List and by the method of payment which
you select when you complete the Registration Form.
4.2
Unless otherwise specified in the Charges List, all charges
are payable in advance. Unless we notify you to the contrary,
liability for charges will start on the day we first make
the Service available to you.
4.3
Unless the Charges List provides otherwise, all charges
for the Service are exclusive of Value Added Tax.
4.4
You authorise us to charge to your chosen account all
charges for the Service as specified in the Charges List.
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5. Security
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5.1
In order to access the Service you will be issued with
a set of unique passwords and user names. You are responsible
for the security and proper use of all passwords relating
to the Service and must take all necessary steps to ensure
that all passwords are kept confidential, secure and are
used properly.
5.2
You must inform us immediately if you have any reason
to believe that any password or user name has become known
to someone not authorised to use it or if any password
or user name is being or is likely to be used in an unauthorised
way.
5.3
If we have reason to believe that there is likely to be
a breach of security or misuse of the Service:
(a) we may change your password or user name and notify
you accordingly; and/or
(b) suspend your user name and password access to the
Service.
5.4
If you forget any password, by contacting technical support
by telephone and satisfying such security checks as we
may operate, you will be given a new password to enable
you to use the Service.
5.5
You agree to notify us immediately of any changes to the
information you give to us during the Registration Process
including any changes to your account details.
5.6
You confirm and warrant that all the information supplied
by you when you register on-line for the Service is true,
complete and accurate in all respects.
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6. Use of the Service
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6.1
The Service may not be accessed or used more than once
at any given time.
6.2
You must not use the Service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, use
or re-use any material which is offensive, abusive, indecent,
defamatory, obscene or menacing, or in breach of copyright,
confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to send or provide unsolicited advertising or promotional
material or knowingly to receive responses to any unsolicited
advertising or promotional material sent or provided by
you or any other party;
(e) in an unlawful manner, in contravention of any applicable
legislation or licence;
(f) in any way that does not comply with any instructions
that we have given to you.
6.3
If anyone other than you uses the Service with or without
your knowledge or approval in contravention of any of
paragraphs 6.1 - 6.2 inclusive we can treat such contravention
as a breach by you of this Contract for the purposes of
paragraph 8 which shall apply accordingly.
6.4
You must tell us immediately if any third party makes
or threatens to make any claim or issue legal proceedings
against you relating to your use of the Service and you
will, at our request, immediately stop the act or acts
complained of. If we ask you to, you must confirm the
details of the claim(s) in writing.
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7. Restrictions on use
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7.1
We may give you instructions about the use of the Service
concerning health and safety, or the quality of the Service
to other customers. Such instructions form part of this
Contract and you agree to observe them.
7.2 If,
following routine system administration of the Service
(including without limitation server, network and security
monitoring, and monitoring for unattended logins), we
detect that your use of the Service:
(i) impairs the integrity of the system and/or the network
used to provide the Service; or
(ii) causes detrimental performance of the Service to
you or any other customer;
We reserve the right, on giving you prior notice where
practicable, to suspend your access to the Service (without
prejudice to our right to terminate this Contract under
paragraph 8.1) until we receive assurance from you that
you will not use the Service in such a manner.
7.3
You should be aware that whilst the Venus Consulting Dial
Freephone Service is intended to provide 24 hour Internet
access availability , it is not intended to be an "always
on" service. Accordingly, we reserve the right in
particular to take the action described in paragragh 7.2
above against customers subscribing to that service whom
we reasonably consider are:
(i) leaving their Internet connection online whilst unattended;
or
(ii) configuring their computer to automatically redial
their Internet connection in their absence.
7.4
Use of unmetered
access periods under the Venus Consulting Dial Freephone
service, is limited to an online session of two hours
for the Personal Service and four hours for the business
service.You
can re-connect back to the Internet by using your dial-
up connection.
7.5
Additional terms and conditions may be displayed online
or elsewhere relating to particular Content (or any application
provided to you as part of the Service). If you choose
to access such Content and/or application you will need
to comply with the terms and conditions that apply to
them.
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8. If you break this Contract
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8.1
We can suspend the provision of the Service to you or
end this Contract (or both) with immediate effect on giving
you notice if:
(a) you breach any provision of this Contract and fail
to remedy the breach within a reasonable period of being
asked to do so;
(b) we believe the Service is being used in a manner prohibited
under paragraphs 6 or 7 even if you are unaware that the
Service is being used in such a way; or
(c) bankruptcy or insolvency proceedings are brought against
you or if you do not make any payment under a judgement
of a Court on time, or you make an arrangement with your
creditors, or a receiver or administrator is appointed
over any of your assets or you go into liquidation.
8.2
If we suspend the Service for breach of this Contract
by you, we will not restore it until we receive an acceptable
assurance from you that there will be no further breach.
While the Service is suspended under this paragraph you
must pay the charges for the Service until the Contract
is terminated.
8.3
If we end this Contract under paragraph 8.1 you must pay
us all charges which are due for the Service under this
Contract, including any unpaid charges for the remainder
(if any) of the Minimum Period of Service.
8.4
If we delay in acting upon a breach of this Contract by
you, that delay will not be regarded as a waiver of the
breach. If we waive a breach of this Contract by you,
that waiver is limited to the particular breach.
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9. Ending this Contract after
the Service is provided
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9.1
At any time after the Service has been provided this Contract
or the provision of the Service (or any service or facility
under it) may be ended by:
(a) 1 month's notice from us to you; or
(b) 7 days notice from you to us.
You must pay the charges for the Service up to the expiry
of the notice.
9.2
If you give us notice during the Minimum Period of Service
(other than because we have increased our charges for
the Service, changed any of the terms and conditions of
this Contract to your detriment, or because of any events
covered by paragraph 13 below) you must also pay the charges
due, if any, for any remaining part of the Minimum Period
of Service, or as otherwise stated in the Charges List.
9.3
Notice given by you does not avoid any other liability
for the Service already provided.
9.4
If we give notice to end the Service under paragraph 9.1
we will repay or credit the appropriate proportion of
any charges for the Service which you have paid in advance
for a period ending after the notice expires.
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10. Our Liability
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10.1
We accept liability for death or personal injury caused
by our negligence. The limitations in paragraph
10.2 and 10.3 do not apply to liability under
this paragraph 10.1.
10.2
We have no liability in contract, tort or otherwise
(including liability for negligence) for any loss that
is not reasonably foreseeable, nor any loss (whether
direct or indirect) of business revenue, profit, or
savings you expected to make, wasted expenditure or
data being lost or harmed.
10.3
Our liability in contract, tort or otherwise (including
liability for negligence) under or in connection with
this Contract is limited to £25,000 for any event
or related series of events and £50,000 for all
events in any period of 12 months.
10.4
You acknowledge that we have no control over the information
which can be accessed by using the Service and that
we do not examine the use to which you put the Service
or the nature of the information you send or upload.
We exclude all liability of any kind for the transmission
or reception of such information of whatever nature.
10.5
We exclude all liability of any kind for your Information
or for Third Party Information. However we reserve the
right to remove any of your Information or Third Party
Information following notice to you, if we reasonably
believe that there may be a breach of this Contract,
the law or any third party rights.
10.6
We are not liable whether in contract, tort (including
liability for negligence) or otherwise for the acts
or omissions of other providers of telecommunication
or Internet services or for faults in or failures of
their networks and equipment.
10.7
Each provision of this paragraph 10 operates separately
in itself and survives independently of the others.
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11. Changes to this Contract
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We may change the terms and conditions of this Contract,
including our charges for the Service, at any time. We
will give you at least 14 days notice of any such changes
before they take effect.
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12. Matters beyond our reasonable
control
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We will not be liable if we cannot do what we have promised
in this Contract because of something beyond our reasonable
control such as lightning, flood, or exceptionally severe
weather, fire or explosion, civil disorder, war, or military
operations, natural or local emergency, anything done
by government or other competent authority or industrial
disputes of any kind (including those involving our employees).
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13. Giving notice
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13.1
Notices given under this Contract may be given on-line
by electronic mail using the Service, or in writing and
delivered by hand or pre-paid post to the addressee at
the following address:
(a) To us: at our registered company office
(b) To you: at the postal address or e-mail address you
specify when registering for the Service or any other
alternative address which you notify to us at any time.
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14. Software
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14.1
Intellectual property rights in all Software and documentation
supplied by us for your use in connection with provision
of the Service remain our property or that of our licensors.
14.2
You may use the Software to the extent necessary for you
to use the Service but you must not and must not permit
any other person to decompile or modify the Software,
nor copy the manuals or documentation. You must only access
the Service through the Software or in an alternative
way permitted by us and you must not attempt to circumvent
any security measures in the Service or attempt to gain
access to the source software or compiled code.
14.3
You must not transfer, assign or sub-license your right
to use the Software or attempt to do so.
14.4
You agree to comply with the terms of any agreements reasonably
required by the owners of any intellectual property rights
in the Software relating to the protection of those rights.
14.5
We may offer updates or modifications to the Software
or documentation capable of delivery on-line. Any applicable
charges for such updates or modifications will be notified
to you at the time we offer such updates or modifications.
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15. Reimbursement
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You must reimburse us in respect of any sums we are obliged
to pay because:
(a) the Service is misused in any of the ways described
in paragraph 6;
(b) any claims or legal proceedings are brought or threatened
against us by another person in respect of defamation,
breach of copyright or other intellectual property right
infringement which are attributable to your use of the
Service; or
(c) if you use the Service for business purposes, any
claims or legal proceedings are brought or threatened
against us by another person because the Service is faulty
or cannot be used by them.
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16. Third Party Rights
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A person who is not a 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.
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17. Law and Jurisdiction
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This Contract is governed by English Law and you and we
submit to the exclusive jurisdiction of the English courts.
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