CONDITIONS OF THIS AGREEMENT

An explanation of some of the terms used in these conditions:

• We, Us or Worldwide means Worldwide ISDN Limited.
  
• You means the customer with whom we make this agreement (or any person that we reasonably believe is authorised to act on the customer’s behalf).
  
• Service means the products and services you have requested from us on your order form.
  
• The Telecommunications Act means the Telecommunications Act 1984.

1. SERVICE
This agreement covers the provision by Worldwide ISDN of our services as indicated on the accepted order form.

We will use every reasonable means to provide our services within our agreed delivery dates subject to survey and also on-going connectivity and availability to our services but will not be liable for any failure or limits in the availability of our service where these result from factors outside of our control or where our service is dependent upon third parties or other network carriers.

Any installation date given either verbally or written are always subject to change. We will endeavour to notify you as soon as possible to any variation in date.

Installation dates refer to the commencement of installation and in no way guarantees the completion of installation work on that given date.

2. START OF THIS AGREEMENT
This agreement shall take effect from the date on which the service was made
available to you.

3. TERM & ENDING THIS AGREEMENT
The initial term of this agreement shall be 12, 24, 36 or 60 months as specified on the associated order form, after this period it shall continue on a month-by-month basis unless terminated by either party giving to the other no less than ninety days prior written notice.

4. CHARGES AND PAYMENT
Unless we indicate otherwise, all charges are quoted without VAT and any other taxes of a similar nature which shall be charged and payable by you at the prevailing rate. You agree to pay your bill within 30 days of receiving it.

Please note that the usage charges in these bills will be calculated using data recorded by us and not from any data you record yourself. Rental charges will be invoiced monthly in advance. 

The free installation applies to standard BT installations up to £299 per SDN service. Installation work that BT deems to be outside the standard service will be a chargeable extra.

5. EQUIPMENT AND SERVICE
As set out in this agreement form, so that you can obtain access to the services, we will either supply you with the necessary equipment or we will reprogramme or arrange the re-programme of your equipment.

You will be responsible for the safe keeping and safe use of the services (and related equipment) once they are installed.

You agree to:

• Use the services in accordance with the Telecommunications Act and any relevant licences;
• use the service only as a means of communications for which they are provided;
• make sure that your equipment conforms with the standards required under the Telecommunications Act, is in good working order, and safe to our reasonable satisfaction;
• inform us of any change, or proposed change, in your address, telephone or fax numbers.

You agree not to:

• connect any attachments other than those approved for use with the services under the Telecommunications Act;
• Contravene the Telecommunications Act or any relevant licences or laws;
• use the service as a means of transmitting any material that is defamatory, offensive, or of an abusive, obscene, or menacing nature;
• make any transfer of the agreement or any rights under it;
• move the equipment.

6. SUSPENDING THE SERVICE

We may suspend the services if:

a.) you break the terms of this agreement;
b.) we are instructed to do so by an authorised Government agency, emergency service organisation, or other authorised organisation.

Under these circumstances:

a.) we will endeavour to give you 14 days written notice.
b.) we are not liable to pay you compensation and you may be charged for
any reasonable costs and expenses we incur in suspending or reconnecting of the services.

7. RESPONSIBILITIES
This agreement shall operate under English law, and both parties submit to the jurisdiction of the English courts. In the event that the services we agree to provide fail and you have to use the services of another organisation we will not be responsible for any charges that the other organisation should make.

Nothing in this contract will exclude or restrict Worldwide’s liability for death or personal injury resulting from the negligence of Worldwide or of its employees while acting in the course of their employment.

Each party’s liability to the other shall be limited to £500,000 for any one incident or series of incidents and to no more than £1,000,000 in total.

Neither party shall be responsible for any loss of business, contracts, anticipated savings, profits, or any other indirect or consequential loss of the other.

Neither party shall be liable to the other for any loss or damage that occurs outside of its reasonable control.

This includes:

Acts of God, inclement weather, floods, droughts, lightning damage or fires, failure or shortage of power supplies, lock-outs, trade disputes and labour disturbances, the non production or supply of services by third parties, and any acts or omissions of Governments, highways authorities, other telecommunications operators, or other competent organisations.

8. CONSQUENCIES OF TERMINATION
If the services are terminated within the initial contract term, rentals for the remaining months of the initial contract period would be payable.