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Demon Newsletter
Terms and Conditions from 04 October 2004 to 17 January 2005 The following Terms and Conditions apply to all customers who bought any Demon ADSL product after 04 October 2004 . For those who bought Demon ADSL before 04 October 2004 , Please see Demon Broadband Terms and Conditions pre 04 October 2004 . Terms and conditions for Demon's ADSL Product Range These terms and conditions (the "Conditions") govern your use of the Service (as defined below); the content, features and functionality of the Service are described on the Order Form and at www.demon.net/products/internetaccess. The Service is supplied by THUS plc, registered office 1-2 Berkeley Square, 99 Berkeley Street, Glasgow G3 7HR, Scotland, Company No. SC192666 ("THUS"). Please read the Broadband Terms and Conditions below, otherwise click here for a pdf version. In order to download the PDF documents, Adobe Acrobat Reader will need to be installed on your PC. To download a copy of this software, please click on the link below.
1. DEFINITIONS 1.1 Please note some terms used in these Conditions will have a certain meaning: 1. DEFINITIONS1.1 Please note some terms used in these Conditions will have a certain meaning:
These Conditions, together with THUS's Acceptable Use Policy ("AUP"), explain our responsibilities to you and your responsibilities to THUS 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 "Agreement” include reference to the Conditions, Order Form and/ or the Welcome Letter and the following AUPs (found atwww.demon.net/helpdesk/producthelp/aup ): Internet Access, Mail, Usenet, User Homepages (for Demon Express, Demon Express Solo, Demon Express Total, Demon Broadband ADSL Business customers, Home 500 and Dial Companion only), Generic Commerce and the Domain Name Registration Services Terms and Conditions (found at http://www.demon.net/helpdesk/producthelp/tandc/domains/). If there is anything you do not understand, please phone us via our Customer Service Department on 0845 271 0666 between 8.00am and 8.00pm Monday to Saturday inclusive, or email us at customerservice@demon.net. If you are a Consumer, you must be 18 years or older to register for the Service. 2. PROVISION OF THE SERVICE 2.1 The Service is described on the Order Form and/ or Welcome Letter and at www.demon.net 2.2 You agree to receive the Service and pay the fees for the Service for the Minimum Period of Service and thereafter until termination of the Agreement in accordance with paragraph 12. 2.3 THUS will provide the Service to you with reasonable skill and care. If you are a Business Customer, THUS 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 when placing your Order. You must ensure that the information provided is complete and accurate. We will respect the privacy of this information and will comply with applicable data protection legislation in respect of it. 2.5 THUS shall provide the Service to you according to the terms of this Agreement. THUS 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 THUS does not undertake to do so. You also accept that you may not be able to receive the Service due to certain technical restrictions. If such technical restrictions are discovered after the Agreement Date, THUS has a right to terminate the Agreement in accordance with paragraph 12.2.4 2.6 You must have an Access Line which: 2.6.1 is a suitable BT analogue exchange line which has no incompatible services operating on it; and 2.7 THUS may occasionally have to interrupt the Service or change the technical specification of the Service for operational or planned maintenance reasons, for upgrades or because of an emergency. THUS will give you as much notice as practically possible of any planned interruption of your Service. 2.8 THUS will correct reported faults as soon as possible. Should you encounter a fault with the Service you should report this to THUS at telephone number 0845 272 0040 (Home 500 Customers should use telephone number 0871 271 9666).THUS shall investigate the fault and will actively deal with the fault report between the hours of 9.00am and 5.00pm Monday to Friday, excluding public holidays. 2.9 THUS may include links from time to time from the Service to other Internet sites. THUS 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 027 0582 or by email at netsales@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. PERIOD OF SERVICE The Agreement shall operate from the Agreement Date, during the Minimum Period of Service and thereafter unless and until terminated in accordance with paragraphs 11 and 12. THUS reserves the right to suspend or terminate the Service under paragraphs 11 and 12. 4. FEES 4.1 THUS shall provide you with the Service for the fees as set out in the Order Form and / or Welcome Letter. 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 or in the case where you agree to make payment by credit card or direct debit, such other date for payment as advised to you by THUS (“Due Date”). Payment must be made using one of the methods specified on the Order Form and /or Welcome Letter, as specified by you when placing your Order. If you are a Consumer - you will be entitled to terminate the Agreement if you are unhappy with any proposed increase in price provided you notify THUS in accordance with the notice process set out in paragraph 22 of the Conditions within fourteen (14) Business Days of such notification of price variation. 4.3 If you are a Business Customer and you fail to pay THUS any sum due pursuant to the Agreement you will be liable to pay interest to THUS on such sum from the Due Date at the annual rate of 3% above the base lending rate from time to time of the Royal Bank of Scotland plc, accruing on a daily basis until payment is made, whether before or after any judgement. 5. ACCESS 5.1 Unless you self-install the Service at the Premises, you hereby irrevocably give permission to THUS and its employees, agents or contractors to: 5.1.1 execute any works on the Premises for, or in connection with, the installation, maintenance, adjustment, repair, alteration, moving, replacement, renewal or removal of the Equipment. The permissions set out in paragraphs 5.1 above shall continue in force after termination of this Agreement until such time as THUS or a Carrier has removed all Equipment from the Premises. 5.2 You must allow THUS 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 THUS) and/or the Service and provide a safe and suitable environment for such access visits. INSTALLATION VIA THUS - Paragraphs 6.1 - 6.5 apply to customers whose Service is installed by THUS 6.1 THUS 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 THUS. Any installation date given is an estimate only and THUS shall not be liable for any failure to meet such installation date. 6.2 THUS 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 THUS shall attempt to comply with your reasonable requests in respect of installation but THUS'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 THUS. Unless otherwise agreed, this power supply is to be provided by you. THUS 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 THUS. INSTALLATION BY THE CUSTOMER- Paragraphs 6.6 - 6.7 and 6.9 apply solely to customers who SELF-INSTALL the Service 6.6.1 connecting a suitable microfilter to the Carrier's master socket (and any extension sockets) at your Premises; 6.6.2 connecting a suitable router/modem to the relevant port on the microfilter; and 6.6.3 if applicable, connecting a suitable modem for an analogue phone line or an ISDN adapter at the Remote Access Location to enable access to the Service. 6.7 THUS accepts no liability whatsoever for any loss you or any third party may suffer as a result of: 6.8 THUS does not warrant that any particular Customer Apparatus or CPE shall be compatible with the Service and THUS shall not be responsible for supporting any Customer Apparatus. 6.9 If THUS supplies you with CPE, you must agree to the terms of the relevant end-user software licence agreement to govern your use of the CPE. Other than where required by law, any such CPE is supplied "as is" with no warranty as to its fitness for purpose or otherwise. THUS shall use reasonable endeavours to assist with reasonable queries you may have in respect of initial installation of the Service. However, to the extent that such queries relate to any problems which, following an initial diagnosis, may be out with THUS’s control or ability to remedy (including but not limited to Customer Apparatus or CPE), THUS does not guarantee that it shall be able to help resolve any such difficulties. Such limited support shall be provided to you by telephone by you calling 0845 272 0040 (Home 500 Customers should call 0871 271 9666). 7. OUR EQUIPMENT - Paragraphs 7.1 - 7.5 apply to customers whose Service is installed by THUS 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 THUS to deliver, install and maintain the Equipment for the provision of the Services. 7.4 The Equipment shall remain the property of THUS or the supplier of such Equipment and you shall at all times make clear to third parties that such Equipment is the property of THUS 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 THUS 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 THUS or due to fair wear and tear). You will notify THUS immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) you undertake: 7.5.1 to keep the Equipment at the Premises and not to move it; 7.6.1 pre - configure it for you; and deliver it to your Premises. While THUS will use reasonable endeavours to deliver the router to you within such timescales as may have been advised to you verbally, THUS does not guarantee that such timescales will be achieved and time is not of the essence in respect of such delivery; and
7.7 THUS accepts no liability whatsoever for any loss you or any third party may suffer as a result of your misuse of the router or for any accidental damage to it. For the avoidance of doubt the provisions set out in paragraph 14 shall apply to the sale of CPE by THUS other than the fact that THUS’s total liability in respect of any CPE, shall be limited to the value of the CPE. 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. THUS 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 THUS, 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 THUS System and you agree to disconnect such Customer Apparatus at the request of THUS. 8.3 Your Customer Apparatus must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards. 8.4 THUS 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. In particular, THUS is not liable whatsoever if you damage or incorrectly reconfigure any Customer Apparatus, for example a router, which you have purchased for use with the Service. 9. YOUR USE OF THE SERVICE 9.1 You must NOT use the Service: 9.2 You shall indemnify THUS against any claims or legal proceedings which are brought or threatened against THUS by a third party because the Service is used by you in breach of paragraphs 9.1.1 - 9.1.7 above. 9.3 You shall not share use of the Service, or any part of it, with any other person, or if you are a company with any person not a member of your company (or contracted to your company), whether directly or indirectly, including by means of radio or other wireless technology of any kind, except that if you are a consumer you may share the Service with members of your own household. 9.4 You will keep your security phrase secret and will not disclose it to third parties for any purpose other than in accordance with the terms of this Agreement. You will only share your password with such users as are permitted to share your access to the Service in terms of this Agreement. You will notify us and change any password which you believe may have been compromised. 9.5 You will co-operate with THUS's reasonable requests for information regarding your use of the Service and supply such information without delay. 9.6 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. 9.7 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 THUS to review and evaluate such records from time to time to ensure your compliance with your obligations in this paragraph 9.7. 9.8 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 THUS's prior written consent. 9.9 If you are a Dial Companion Customer – In the event that any other Services used by you are, for whatever reason, temporarily unavailable or connections to such Services are congested, you may be able to use the Dial Companion Service as an alternative or a back up service. THUS does not guarantee that use of the Dial Companion service in such circumstances will be possible nor shall THUS be liable for any costs or charges incurred as a result of such use of the Service by you. 9.10 Where you use the Service to reach networks and services not operated by THUS, you will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services. 10. CONCURRENT DIAL UP LIMITS If you are a Dial Companion Customer: 10.1 You will only be permitted one (1) concurrent connection per account in respect of any Demon Express Solo, Demon Express Total or Demon Express for Mac account you may hold; 10.2 You will only be permitted five (5) concurrent connections per account in respect of any Demon Express Pro, Demon Express Plus, Demon Broadband Business or Express Gold account you may hold; and 10.3 You will only be permitted ten (10) concurrent connections per account in respect of a Demon Premier Express account you may hold. 11. BREACH OF CONDITIONS If you are a Business Customer: 11.1 We shall investigate any suspected or alleged breach of this Agreement or any suspected compromise to our network systems or security and in doing so we will act reasonably and fairly at all times. 11.2 We reserve the right to take any action we deem appropriate and proportionate to the breach of this Agreement. 11.3 If we decide that you have breached the Agreement, 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: 11.4 We shall investigate any suspected or alleged breach of this Agreement 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 Agreement. 11.5 If we decide that you have breached the Agreement, we will use reasonable endeavours to give you seven (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 seven (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. 12. TERMINATION 12.1 You may end this Agreement to take effect after the Minimum Period of Service by giving THUS not less than thirty (30) days' written notice. If you wish to end this Agreement before the end of the Minimum Period of Service, THUS 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, THUS 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. 12.2 THUS may end this Agreement immediately upon written notice to you if: 12.2.4 it transpires following the Agreement Date that, for any reason out with the control of THUS, the Services will not be able to be provided to you. In the event of termination in accordance with this paragraph 12.2.4, THUS shall repay to you any fees which you have paid in advance for the Services. 12.3 Your right to use the Service shall immediately terminate when this Agreement comes to an end. 13. RIGHT TO CANCEL 13.1 If you are a Consumer who has ordered the Service either online or by telephone, you have a right to cancel the service within seven Business Days of the Agreement Date. Any use of the Service by you, including the opening of the Foil Envelope, during this said period, will act as a waiver of this right to cancel. 13.2 Other than as set out in paragraph 13.1 above, you shall not have the right to cancel the Service after the Agreement Date as this will initiate provisioning of the Service by THUS and the Carrier. Other than cancellation under paragraph 13.1, if you attempt cancellation after the Agreement Date, you may be liable to pay: 13.2.1 the cancellation fees set out in Schedule 1 at the end of these Conditions if you cancel prior to the start of the Minimum Period of Service; or 14. LIMITATION ON LIABILITY 14.1 Nothing in this Agreement shall exclude or limit liability for (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees or (b) fraud. 14.2 THUS 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: 14.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or 14.4 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. 15. INDEMNITY 15.1 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. 16. DATA PROTECTION/PERSONAL DETAILS 16.1 We may retain your personal data, and you authorise us to use your personal data, for the following purposes: 16.1.1 provision of the Service to you; 17. NOTICES 17.1 Any notice required or permitted under this Agreement must be in English and in writing and sent either: by post to THUS plc, Gateway House, 322 Regents Park Road, Finchley, London N3 2QQ. Attention: Customer Services Team; or by email tocustomerservice@demon.net. 17.2 Any notice to be sent to you will be sent to the address which you provide when submitting your Order and as contained on the Welcome Letter or to the email address postmaster@sample.demon.co.uk (where “sample” is the hostname) or to such other address as you shall have given written notice of as the billing address. Notice so given by THUS will be deemed to have been given and received as follows: 17.2.1 if personally delivered, upon delivery at the address of the relevant party; provided that if, in accordance with this paragraph 17, any such notice, demand or other communication would otherwise be deemed to be given or made outside normal working hours, such notice, demand or other communication will be deemed to be given or made on the next business day. 18. ASSIGNMENT 18.1 THUS 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 THUS. 19. MATTERS BEYOND THE PARTIES' REASONABLE CONTROL 19.1 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 party for such failure to perform its obligations. 20. PROPRIETARY RIGHTS 20.1 All title, interests, and rights (including intellectual property rights) in the Service remain in THUS 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 THUS's (or any third party supplier's) title, interests or rights with respect to the Service including, but not limited to, using THUS's trademarks or tradename. 21. DOMAIN NAMES REGISTRATION SERVICE
22.1 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 thirty (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. 22.2 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 thirty (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 thirty (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 thirty (30) day period has expired, you will be deemed to have accepted such amendments. 23. MISCELLANEOUS 23.1 Any amendment to this Agreement must be in writing and signed by an authorised representative of each party. 23.2 The Agreement shall be governed by the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the courts of England. 23.3 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. 23.4 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. 23.5 Each of the parties acknowledges and agrees that in entering into this Agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement as a representation. The only remedy available to it for breach of the representations shall be for breach of contract under the terms of this Agreement. Nothing in this paragraph shall, however, operate to limit or exclude any liability for fraud.
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