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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
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 2.6 |
Nothing in the Contract shall exclude any
liability for fraudulent misrepresentation. |
3. AVC BROADBAND OFFER
| 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. |
| 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. |
| 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. |
| 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
| 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. |
| 4.2 |
The Contract(s) shall enter into force on
the Live Date. |
5. CONTENT REQUIREMENTS, COMPLIANCE WITH LAW
| 5.1 |
The Customer hereby grants AVC broadband
the right to receive, process and subsequently
transmit the Content. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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
| 6.1 |
The Customer undertakes to pay all Charges
in accordance with the Payment Terms as agreed
with AVC Broadband. |
| 6.2 |
All Charges payable by the Customer are
quoted inclusive of any VAT or other tax or
duty, unless otherwise stated. |
| 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. |
| 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. |
| 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. |
| 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;
| 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; |
| 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 |
| 6.6.3 |
Terminate the Contract without any
notice of default being required. |
|
| 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. |
| 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. |
| 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
| 7.1 |
Any time or schedule for delivery stated
by AVC broadband is an estimate provided to
the best of its knowledge. |
| 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. |
| 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
| 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:
| 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 |
| 8.1.2 |
As a result of an event of Force Majeure;
or |
| 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. |
|
| 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. |
| 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
| 10.1 |
To facilitate provision of the Service
by AVC Broadband, the Customer shall ensure
the following:
| 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. |
| 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 . |
| 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. |
| 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. |
|
| 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
| 11.1 |
AVC broadband shall not be liable under
the Contract for any fault in the Equipment. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| 13.7 |
The Contract shall be governed by and construed
in accordance with the laws of England and
Wales. |
14. WARRANTY
| 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
| 15.1 |
Information on this site is posted in good
faith and updated regularly, but AVC Broadband
cannot guarantee its completeness or accuracy.
|
| 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. |
| 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
| 16.1 |
AVC Broadband accepts no liability in contract,
tort or otherwise including negligence for:
| 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; |
| 16.1.2 |
loss of data including both data transmitted
and other data held by you |
| 16.1.3 |
delay or failure in transmitting or
receiving material |
| 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
| 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. |
| 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
| 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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