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This site is operated by AVC Communities Limited, Bessemer Drive, Stevenage, Herts,
SG1 2DT . ("AVC Broadband").
By visiting or using this site and the Services provided, you hereby agree to and
accept the following terms of use (the “Terms”):
“AVC broadband” is the name given to the broadband Service provided by
AVC Communities Ltd (Company registration no. 4822427). These general terms and
conditions (“Terms and Conditions”) are binding on all Customers to AVC
broadband. The Customer is obliged to make him/herself fully aware of the Terms
and Conditions stated herein and which constitute a contract (“Contract”)
between AVC Communities Ltd and each Customer for provision of the Service and the
acceptance by the Customer of all applicable charges, methods of payment, obligations
and delivery of such Service. Copies of these Terms and Conditions are available
upon written request to AVC Communities Ltd, Bessemer Drive, Stevenage, Herts, SG1
2DT.
1. DEFINITIONS
In these Terms and Conditions the following terms shall have the following meanings,
unless the context otherwise requires:
- “Activation of Service” means the date from which the AVC broadband Service
is ready to use’;
- “AVC broadband” means AVC broadband Ltd (Company registration no. 4822427),
a limited company under English Law, having its registered office Bessemer Drive,
Stevenage, Herts, SG1 2DT.;
- “AVC broadband Service” means the Service provided by AVC broadband to
the Customer, including Equipment Installation and Activation, under the Contract;
- “Charges” means all charges payable by the Customer, either up front or
on a monthly basis, for the Service provided by AVC broadband from time to time;
- “Connection Fee” means the fee that has to be paid by the Customer for
the activation of the Service;
- “Content” means information, data, images, (still and moving) and sound
recordings or similar content, made available or transmitted through the AVC broadband
Service wherever sent from, viewed, received or retrieved;
- “Confirmation” means a written notification confirming the specific Service,
payment and location details agreed with the Customer and other such notices in
compliance with the UK Consumer Protection Regulations.
- “Contract” means these Terms and Conditions and acceptance and purchase
by the Customer of the Service offered by AVC Broadband.
- “Customer” means you the Customer, details of whom are advised to AVC
Broadband in order to provide the Service.
- “DPA” means the Data Protection Act 1998;
- “Equipment” means any satellite dish, modem, LNB (Low Noise Block), cabling,
modem, other hardware and/or software necessary either for the use by the Customer
of the Service, or for the provision of the Service by AVC broadband;
- “Force Majeure” has the meaning given to it in clause 9;
- “General Terms and Conditions for Service” means the terms and conditions
as defined herein.
- “Indirect Loss” includes, without limitation, loss of profit, revenue,
business, goodwill or anticipated savings, or any indirect, special or consequential
damages;
- “Installation” means the standard installation of the Equipment at the
Site and in accordance with the required specification of Customer equipment, normal
methods of fixing and the external running on the premise of coaxial cable from
the satellite dish to the nearest point of entry closest to the required Customer
equipment location.
- “Installation Date” means the Date on which the Installation of the Equipment
at the Site is to take place;
- “Installation Charge” means the charge payable by the Customer for the
installation of the Equipment;
- “Intellectual Property Rights” means any and all rights of intellectual
and/or industrial property including but not limited to patents, trade names, trademarks,
copyrights, design rights, database rights, know how and rights in confidential
information, any rights to software and/or licences with respect to such rights;
- “Internet Access” means the access to the Internet provided and enabled
by AVC broadband to the Customer;
- “Live Date” means the date on which the Service is first made available
to the Customer
- “Minimum Term” means the first twelve (12) months from the Live Date;
- “Payment Terms” means the payment terms as advised by AVC broadband Ltd;
- “Service” means the Installation of any Service provided by AVC broadband
to the Customer;
- “Site” means the Customer’s address or any other agreed installation
location advised by that Customer at time of purchase of the Service.
- “Software” means the software provided by AVC broadband as part of the
Service provided to the Customer;
- “Term” means the term of the whole Contract or any continuing part of
it;
2. GENERAL PROVISIONS
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2.1 |
AVC broadband shall provide the Service to the Customer subject to these Terms and
Conditions, which shall govern any and all Contract(s), to the exclusion of any
other terms and conditions. |
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2.2 |
These Terms and Conditions shall furthermore apply to all other (legal) acts on
AVC broadband’s part, whether or not in performance of Contracts. |
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2.3 |
Variations to any Contract shall only be effective if they have been expressly agreed
in writing by properly authorised representatives of AVC broadband and the Customer
and shall only apply to the Contract(s) identified in any such variation. |
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2.4 |
AVC broadband’s personnel are not authorised to make any representation concerning
the Service unless confirmed in writing by a properly authorised representative
of AVC broadband. |
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2.5 |
The Contract sets forth the entire agreement between AVC broadband and the Customer
and supersedes any and all prior written and verbal arrangements, declarations and/or
statements of the parties. |
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2.6 |
Nothing in the Contract shall exclude any liability for fraudulent misrepresentation. |
3. AVC BROADBAND OFFER
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3.1 |
The offer of AVC broadband shall only be binding with regards to the price for a
maximum period of thirty days after the day AVC broadband has confirmed the order
with the Customer. |
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3.2 |
The offer of AVC broadband, shall at the most remain valid for a period of thirty
working days after the offer was made, unless expressly stated otherwise by AVC
broadband in writing. |
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3.3 |
The contents of any price lists, brochures and other data published by AVC broadband,
are stated as accurately as possible. The relevant data shall only be binding upon
AVC broadband if AVC broadband has expressly stated this in writing. |
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3.4 |
All offers are made under the assumption that AVC broadband is able to perform the
Contract under normal circumstances and during normal working days and hours and
that the Customer meets its obligations under the Contract and the Terms and Conditions. |
4. CONTRACT FORMATION
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4.1 |
Contract shall only have been formed and become binding on AVC broadband and the
Customer when AVC broadband has accepted the payment for the Service. |
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4.2 |
The Contract(s) shall enter into force on the Live Date. |
5. CONTENT REQUIREMENTS, COMPLIANCE WITH LAW
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5.1 |
The Customer hereby grants AVC broadband the right to receive, process and subsequently
transmit the Content. |
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5.2 |
The Customer shall monitor the Content to ensure the Content is not defamatory and
does not infringe any third party rights and complies with all applicable law and
regulations and shall not deliver to AVC broadband any Content that does not comply
therewith or is defamatory or infringes such third party rights. |
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5.3 |
Immediately upon the Customer becoming aware that the Content or part of the Content
does not comply with such laws and regulations or is defamatory or infringes third
party rights, the Customer shall promptly advise AVC broadband thereof and AVC broadband
shall be entitled to immediately cease transmission in relation to such Content.
AVC broadband reserves the right to cease to provide the Service if in its sole
reasonable opinion the Content may not comply with the applicable laws or regulations
or may be defamatory or may infringe third party rights. |
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5.4 |
In the event that the Customer wishes to transmit Content the nature of which, or
the act of such transmission, requires a licence or authorisation, the Customer
undertakes to acquire such licence or authorisation prior to delivering the Content
to AVC broadband and shall promptly provide AVC broadband with a copy of such licence
or authorisation and shall inform AVC broadband immediately of any material change
in respect thereof. |
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5.5 |
Without prejudice to Clause 9, the Customer shall fully indemnify and hold harmless
AVC broadband against any claims and/or damages incurred or suffered by AVC broadband
arising from any breach of Intellectual Property Rights in and to the Content, or
the violation of any third party rights by the Content, the defamation of any third
party by the Content or the failure of the Customer to obtain any applicable licence
or authorisation. |
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5.6 |
The Customer undertakes to comply with all applicable laws and regulations. In the
event that the Customer is in breach of any applicable laws or regulations, the
Customer shall remedy any such breach immediately. In the event that the Customer
does not remedy such breach immediately AVC broadband reserves the right to cease
to provide the Service and to terminate the Contract without further notice, without
prejudice to any other right or remedy of AVC broadband to claim damages in respect
of the Customer’s breach. |
6. CHARGES
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6.1 |
The Customer undertakes to pay all Charges in accordance with the Payment Terms
as agreed with AVC Broadband. |
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6.2 |
All Charges payable by the Customer are quoted inclusive of any VAT or other tax
or duty, unless otherwise stated. |
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6.3 |
All Charges due by the Customer under the Contract shall be paid in full without
set-off, counter-claim or other deduction within the time periods as stated in the
Payment Terms. |
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6.4 |
AVC broadband shall be entitled to withhold performance of its obligations to make
available the Service, unless and until AVC broadband has received payment of all
Charges owed by the Customer from time to time. |
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6.5 |
All payments due under the Contract(s) shall be made by credit card or direct debit,
(or any other nominated means in agreement with AVC broadband), from the Customer’s
nominated bank account. All direct debit transactions shall be governed by the guidelines
and rules set out by the relevant authorities. |
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6.6 |
In the event that the Customer fails to make any payment of the Charges on the respective
due dates, AVC broadband reserves the right to;
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6.6.1 |
Give the Customer no less than 7 days notice of AVC broadband’s intention to
cancel or suspend any further performance of the Service and/or the Customer’s
right to use it’s Domain Name(s) through AVC broadband’s Service; |
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6.6.2 |
Charge the Customer interest on the amount outstanding at the rate of 4% above Barclay
Bank’s base rate (calculated at a daily rate) from the date the payment became
due until actual payment is made (irrespective of whether the date of payment is
before or after any judgement or award in respect of the same), without prejudice
to AVC broadband’s right to full damages on the basis of the law; and/or |
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6.6.3 |
Terminate the Contract without any notice of default being required. |
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6.7 |
All the costs of collection of the amount(s) due from the Customer, all the judicial
and the extra-judicial costs including any fees charged by external experts in addition
to the costs assessed in court relating to the collection of this claim or other
enforcement of rights, shall be payable by the Customer in addition to the outstanding
Charges and accrued interest. |
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6.8 |
The Customer shall not be entitled to set off against the Charges any sum owed by
AVC broadband to the Customer whether under the Contract or otherwise. |
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6.9 |
Notwithstanding clause 11.2 below, the Customer shall not under any circumstances
have the right to cancel, reduce, postpone or suspend the payment of the Charges
(or any part of them) during the Minimum Term. |
7. DELIVERY
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7.1 |
Any time or schedule for delivery stated by AVC broadband is an estimate provided
to the best of its knowledge. |
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7.2 |
AVC broadband shall not be in default if the time is not met. If there is any delay,
the time for delivery shall be extended accordingly. AVC broadband shall communicate
this to the Customer immediately after having learned of the delay. |
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7.3 |
AVC broadband shall not be liable for any damage whatsoever suffered by the Customer
or a third party as a result of a late or incomplete delivery. The Customer shall
not terminate the Contract on any ground solely on the basis of the late or incomplete
delivery. |
8. INTERRUPTION FOR TESTING
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8.1 |
AVC broadband shall have the right to interrupt the provision of the Service without
any liability or obligation to the Customer in the following circumstances:
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8.1.1 |
For operational testing, maintenance, monitoring, preventive or curative repair
or adjustment of any equipment required to provide the Service (including back-up
equipment); or |
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8.1.2 |
As a result of an event of Force Majeure; or |
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8.1.3 |
Where AVC broadband is required to take any emergency steps to protect against the
loss or degradation of the AVC broadband Service, property damage or personal injury. |
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8.2 |
AVC broadband shall give the Customer as much advance notice of such interruption
as practicable in the circumstances (although Customer recognises that in the circumstances
of an interruption under Clause 8.1.3 above no advance notice may be practicable)
and AVC broadband shall use reasonable endeavours to minimise the disruption of
the Service. |
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8.3 |
The AVC broadband Service shall not be considered as unavailable if interrupted
for the above-mentioned reasons and neither AVC broadband nor the Customer shall
be considered to be in breach or be liable for any damage suffered by the other
by reason of such an interruption. |
9. FORCE MAJEURE
Neither party shall be considered to be in breach or be liable for any damage suffered
by the other party, by reason of any failure to perform any obligation hereunder
if and for so long as such failure is the result of an event of force majeure. The
respective obligations of both parties shall be suspended for such time as such
an event shall prevent either party from performing its obligations.
Force majeure is the occurrence of any contingency beyond the reasonable control
of either party or its suppliers, including, but not limited to, war (whether a
declaration thereof is made or not), sabotage, insurrection, rebellion, riot or
other act of civil disobedience, act of a public enemy, act of any government or
agency or subdivision thereof, judicial action, general strikes, fire, accident,
explosion, epidemic, quarantine, restrictions, storm, flood, earthquake, adverse
weather conditions (including, but not limited to, solar flares or sun outages with
respect to satellite transmission interference), other Acts of God, whole or partial
satellite malfunctions or uplink failure, unless such occurrence is caused by a
parties’ negligent act or omission.
10. CUSTOMER OBLIGATIONS
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10.1 |
To facilitate provision of the Service by AVC Broadband, the Customer shall ensure
the following:
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10.1.1 |
use reasonable endeavours to cooperate with AVC Broadband or its authorised representatives
in performing its obligations under the Terms & Conditions stated herein. |
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10.1.2 |
use reasonable endeavours to ensure Customer Equipment, both hardware and software,
meet the specifications and requirements advised by AVC Broadband and shall not
otherwise effect provision of the Service . |
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10.1.3 |
use reasonable endeavours to ensure the Customer Equipment required to connect to
the Service is in an accessible location and a standard installation may be performed. |
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10.1.4 |
should any problems be experienced with the connection and/or reception of Content,
use reasonable endeavours to identify, isolate and resolve the problem cause as
may result from Customer or third party hardware or software before seeking the
assistance of AVC Broadband. |
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10.2 |
AVC Broadband shall be excused from performing its obligations stated herein to
the extent that its failure to perform is due to the Customer not fulfilling any
or all the obligations stated in clause 10.1 or elsewhere defined or implied in
these Terms & Conditions. Any delays or return visits or other incurred expenses
which AVC Broadband make or expend which result from failure of the Customer to
fulfil any or all obligations may, at the discretion of and advised by AVC Broadband,
be charged to the Customer. |
11. LIABILITIES AND INDEMNITIES
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11.1 |
AVC broadband shall not be liable under the Contract for any fault in the Equipment. |
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11.2 |
AVC broadband shall not be liable under the Contract for any failure to provide
the Customer for the Service caused by events outside of AVC broadband’s reasonable
control. |
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11.3 |
The liability of AVC broadband with respect to the provision, termination, maintenance,
interruption or restoration of the AVC broadband Service or any other Services or
facilities offered by AVC broadband under the Contract shall not exceed an amount
equal to the total amount paid by the Customer for the use of the AVC broadband
Service during the respective year in which any claim is brought by the Customer
against AVC broadband. |
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11.4 |
The Customer agrees to fully indemnify and keep indemnified and hold harmless AVC
broadband and its officers, directors, employees and agents harmless from and against
any and all claims, losses, damages, liabilities, costs and expenses of whatsoever
nature, relating to or arising out of the Customer’s negligence, default or
breach of or failure to perform the provisions of the Contract and/or any claim
or assertion of right by any third party. |
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11.5 |
In no event shall either party or its officers, directors, employees and agents
be liable to the other party for any Indirect Loss including, without limitation,
loss of profits, loss of Customers or goodwill arising in any manner from the Contract
and the performance or non-performance thereof. |
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11.6 |
The limitations on liability contained in the Contract shall not apply to cases
of death or personal injury, wilful misconduct or gross negligence. |
12. TERM AND TERMINATION
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12.1 |
The Contract shall commence on the date payment details are provided by the Customers
and accepted by AVC Broadband and shall continue for a period of not less twelve
(12) months after the Live Date. |
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12.2 |
The Customer has 7 days from the date of the contract, or up until 24 hours prior
to the agreed installation date whichever is the sooner, to cancel the AVC broadband
Service. The Customer will be notified of the installation date. |
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12.3 |
Where the Contract is terminated by the Customer for whatever reason within the
first twelve months of the Service being provided by AVC broadband, then the Customer
may be liable to pay to AVC broadband all reasonable outstanding Charges. |
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12.4 |
Beyond the first twelve-month period, the Customer shall be entitled to terminate
the Service by providing AVC broadband with one (1) month’s notice. |
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12.5 |
Any notice of termination shall be in writing and shall be sent by post to our administrative
office at Unit 6, Etna Court, Middlefield Industrial Estate, Falkirk FK2 9EQ. |
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12.6 |
The Customer agrees to notify AVC broadband immediately, in writing, of any changes
to the payment method agreed with AVC broadband likely to affect payments from being
made including bank account closure and/or credit card cancellation (for whatever
reason) and agrees to make all reasonable efforts to arrange immediate alternative
payment of the Charges to AVC broadband. |
13. MISCELLANEOUS
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13.1 |
In the event that any provision of the Contract shall be held to be invalid, inapplicable
or unenforceable by any court or administrative body of competent jurisdiction such
provision shall be replaced by a valid or enforceable provision which most closely
reflects the intention of the parties and the remaining provisions of the Contract
shall remain in full force. |
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13.2 |
No relaxation, delay, failure or indulgence by either party in enforcing any right
under the Contract shall be deemed to be a waiver thereof nor shall any single or
partial exercise by it of any right preclude any further exercise thereof or of
any other right. |
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13.3 |
The parties shall not assign, sublease or otherwise allow any third party to directly
or indirectly exercise its rights, in whole or in part, under the Contract, except
that AVC broadband may assign the Contract to any company, firm or person, so long
as it does not affect the Customer’s rights under the Contract. |
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13.4 |
The Contract including any Schedules sets out the entire agreement and understanding
between the parties and there are no other agreements, written or oral. The Contract
supersedes all other prior understandings, agreements, representations or communications
between the parties and the Customer declares that it has not relied on any representation
except as expressly set out herein. |
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13.5 |
No provision of the Contract may be amended, waived, discharged or terminated, nor
may any breach thereof be waived except (in each case) with the express written
agreement of the parties hereto. The Contract shall, where necessary, be amended
to reflect the changes of the English Laws or any regulatory framework governing
the Contract. |
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13.6 |
Any provisions hereof insofar as they relate to matters or acts to be completed
or done or complied with following the termination or other expiry hereof shall,
notwithstanding such termination or expiry, survive the same and shall be deemed
continued until such time as all such acts, matters and things have been fulfilled
to the satisfaction of the other party. |
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13.7 |
The Contract shall be governed by and construed in accordance with the laws of England
and Wales. |
14. WARRANTY
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14.1 |
AVC Broadband does not warrant that this site will be uninterrupted, error free
or that any information or other material accessible from this website is free of
viruses or other harmful components, and you are advised to make your own checks
in this regard. |
15. DISCLAIMER
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15.1 |
Information on this site is posted in good faith and updated regularly, but AVC
Broadband cannot guarantee its completeness or accuracy. |
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15.2 |
AVC Broadband does not accept any liability to you or any third party for any error
or omission on this site. AVC Broadband reserves the right to change, update or
delete any information on this site without prior notice by posting such changes
here. |
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15.3 |
AVC Broadband does not make any representation about the suitability of information,
products and services on this site for any purpose. You assume all responsibility
and risk for use of this site. |
16. LIMITATION OF LIABILITY
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16.1 |
AVC Broadband accepts no liability in contract, tort or otherwise including negligence
for:
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16.1.1 |
inability to gain access to the website as a result of routine or emergency maintenance
on the system or excessive demand for the website; |
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16.1.2 |
loss of data including both data transmitted and other data held by you |
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16.1.3 |
delay or failure in transmitting or receiving material |
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16.1.4 |
indirect or consequential losses whatsoever arising out of or in connection with
the use or performance of software, documents, provision of or failure to provide
the website, or information available from the website, including loss of revenue,
business, anticipated savings or profits. |
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17. INTELLECTUAL PROPERTY
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17.1 |
The AVC and AVC Broadband name, logo and all related product and service names,
design marks and slogans are the trademarks or service marks of AVC Broadband. |
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17.2 |
The copyright in all the material on this site rests with AVC Broadband. Your access
to the material does not give you a licence to reproduce, distribute or otherwise
use this material, apart from downloading it onto one computer for your personal
use only. |
18. LINKS TO THIRD PARTY SITES
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18.1 |
The links on this site will let you leave AVC Broadband's site. The linked sites
are not under the control of AVC Broadband and AVC Broadband is not responsible
for the contents of any linked site, or any changes or updates to such sites. AVC
Broadband is not responsible for any form of transmission received from any linked
site. AVC Broadband is providing these links to you only as a convenience, and the
inclusion of any link does not necessarily imply endorsement by AVC Broadband of
the site. |
Copyright Notice
Copyright © 2004 AVC Broadband Limited, Bessemer Drive, Stevenage, Herts, SG1
2DT.
Any rights not expressly granted herein are reserved.
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