Un metered
& ISDN
By registering for the Internet service you agree
to the following terms and conditions laid down
for use of the Internet service.
In order to enable Surf Mad ("The ISP")
to provide its service on such favourable terms,
you are required to provide the proceeding as
part of the sign up process. This data, and any
subsequent data requested, may be used by The
ISP solely for the purposes of management of your
account and provision of Internet access to you.
It may also be used by The ISP and other subsidiaries
of The ISP from time to time for the purposes
of promoting its own and third party services
and goods to you by way of on-screen advertisements
and offers. These advertisements will be based
on the information that you have supplied to us
and will relate to areas in which we think you
will be interested. However, except as specified
above, The ISP will not pass on your personal
details to any third party without your consent.
A. A monthly subscription fee will be payable
by Credit Card/Debit Card for the chosen service
or services at the published rates.
B. The User will access the service using the
provided number and must be used only from the
number specified by the customer.
C. The level of the service will be determined
according to the ISP.
D. Uploads to the User's webspace will be limited
to the published levels.
E. The ISP will not permit FTP access to the
User's web site from outside of its network. More
direct SMTP connections from outside of the ISP's
network will also be barred.
F. A telephone support line will be available
during the stated hours for the provision of basic
technical assistance. This service will be charged
at published levels.
G. Unless otherwise stated, the service will
automatically terminate the connection after a
10-minute inactivity period.
H. Unless otherwise stated, the service will
automatically terminate after TWO hours of continuous
use. You can redial to reconnect.
I. UNLESS OTHERWISE STATED, the services are
for residential use only and may be operated only
from a domestic residence. OPERATING NON- BUSINESS
SERVICES FOR COMMERCIAL USE IS EXPRESSLY FORBIDDEN.
BUSINESS SERVICES ARE CLEARLY HIGHLIGHTED AND
ARE DESIGNED WITH BUSINESS USERS IN MIND.
J. Emails from all terminated accounts will be
completely purged after 30 days. The email address
will then become available to the wider subscribers
database.
K. FAIR USE POLICY. The ISP operates a Fair Usage
Policy, which restricts each service type to a
maximum number of hours each month. The following
restrictions will apply:
1) ALL 64K SERVICES WILL BE RESTRICTED TO 160
HOURS PER MONTH.
2) ALL LITE SERVICES WILL BE RESTRICTED
TO 80 HOURS PER MONTH.
3) ALL BUSINESS SERVICES WILL BE RESTRICTED TO
200 HOURS PER MONTH.
Please note these conditions:
a) USERS WILL NOT BE ABLE TO EXCEED THE MONTHLY
LIMITATIONS.
b) HOURS MUST BE USED IN THE MONTH OF USE.
c) UNUSED HOURS CANNOT BE ROLLED OVER IN TO THE
NEXT MONTH.
d) NEW HOURS ARE AVAIALBLE FROM THE DAY THE CREDIT
/ DEBIT CARD IS DEDUCTED.
e) NO REFUNDS WILL BE ISSUED AT ANY TIME.
1. USE OF SERVICE
2. SERVICE AVAILABILITY
3. PERIOD
4. WARRANTY
5. ACCESS
6. SOFTWARE LICENCE
7. CHARGING
8. LIMITATION OF LIABILITY
9. FORCE MAJEURE
10. NOTICES
11. ASSIGNMENT
12. NO WAIVER
13. VARIATION OF TERMS
14. LAW
15. ACCESS POLICY
16. ACCESS FOR CHILDREN
17. WEB SPACE
18. WEB SPACE CONDITIONS OF USE
19. DEFINITIONS
1. USE OF SERVICE
1.1 You may only use the Service for lawful purposes;
in particular you may not use the Service
a. to transmit defamatory, offensive or abusive
material or material of an obscene or menacing
character; or
b. in breach of copyright or other intellectual
property right; or
c. in contravention of the Computer Misuse Act
1990.
1.2 The Service is to be used by a single PC
only. You may not sell on or sublet the Service.
You agree to inform us of any change of address
or telephone number supplied on registration.
1.3 You agree not to disclose your password to
any other person. If it becomes known, you will
inform the Helpdesk immediately. The Helpdesk
may require you to change your password where
it considers necessary.
1.4 You acknowledge that the ISP is unable to
exercise control over the content of material
transmitted or received using the Service.
1.5 You may not use the Service to transmit
a. any material (including viruses) which is
likely to cause harm to the ISPs or anyone
else's computer systems.
b. IP Multicast or other applications which make
similar demands for bandwidth.
c. excessive material using the UDP protocol.
1.6 You may not use more than 5 MB of capacity
for E-mail, and we shall not hold E-mail on your
behalf above this level.
1.7 You acknowledge that if for any reason you
do not access your E-mail account for a period
of 60 days or longer, the ISP reserves the right
to terminate your E-mail account, delete all information
stored on it and delete your web space without
notice to you. In this event, the ISP will have
no liability to you for the loss of any data.
1.8 You should not retain information of value
to you which can only be accessed using the Service,
or rely on the Service for transmitting information
of value to you.
1.9 You agree to fully indemnify and to hold
the ISP indemnified from and against any claim
brought by a third party resulting from the use
of the Service and in respect of all losses, costs,
actions, claims, expenses or liabilities whatsoever
suffered or incurred directly by the ISP in consequence
of your breach or non-observance of these terms.
2. SERVICE AVAILABILITY
2.1 The ISP reserves the right at its discretion
to refuse to
a. accept your registration or
b. provide access to the Service.
2.2 The ISP may restrict access to certain types
of information brought to its attention which
may cause offence to other users of the Service.
3. PERIOD
3.1 Either party may terminate the Service on
one month's notice.
3.2 The ISP may terminate the Service immediately
a. if it has reason to believe that you are not
using the Service in accordance with these terms;
or
b. if a competent regulatory authority requires
the ISP or any of its suppliers to do so.
c. in accordance with the provisions of clause
1.7 above.
4. WARRANTY
4.1 The ISP shall provide the Service using reasonable
care and skill.
4.2 The ISP endeavours to provide a Service which
is available at all times, but it cannot warrant
the availability due to factors beyond its control.
4.3 The ISP gives no warranty as to the quality
of or accuracy of information received using the
Service.
5. ACCESS
5.1 In order to obtain access to the Internet,
we shall provide you with the necessary configuration
information, and an optional software configuration
file for a PC subject to the Software licence
set out below.
6. SOFTWARE LICENCE
6.1 The ISP and its suppliers individually own
the elements of the Software and the
documentation provided with it, both of which
are protected by copyright. Your right to use
the Software and documentation is limited as set
out below:
7. LICENCE
7.1 You may:
ONLY USE THE SOFTWARE AND DOCUMENTATION WITH
THE INTERNET ACCESS SERVICE INITIALLY OFFERED
BY THE ISP IN CONJUNCTION WITH THE DISTRIBUTION
OF THE SOFTWARE AND DOCUMENTATION AND (II) IN
ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO
RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE
OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS
OR INTERNET ACCESS SERVICE.
7.2 You may not:
a. distribute copies of the Software or its documentation
to others;
b. modify, translate, reverse engineer, decompile
or disassemble the Software (except to the extent
applicable laws specifically prohibit such restriction)
or create derivative works based on the Software;
or
c. rent, lease or transfer your rights to the
Software;
d. ship or transmit (directly or indirectly) any
copies of the Software, or any technical data
in the Software, to any entity or country destination;
or
e. alter or remove any copyright, trademark, and
other protective notices contained in the Software.
8. TERMINATION
The Software licence will terminate automatically
if you fail to comply with the license conditions
above or the Service is terminated. Upon termination
of the license you must destroy all copies of
the Software and documentation.
8.1 The ISP will be entitled to terminate a Contract
immediately:
a) if the ISP discovers that the User or any
Co-User has been creating, downloading or uploading
any of the material specified in Condition 1.1
or if the User has been in breach of any of these
Conditions or any law, code or regulation applicable
to the Internet or users; or
b) abuse of the system. Such abuse to be defined
as but not limited to "pinging" of the
system in order to keep the Lines open during
a period of inactivity.
c) upon providing the User with 24 hours notice
by e-mail.
d) if the User fails to pay any charges under
the Contract when due.
8.2 The User may terminate a Contract by discontinuing
use of the Services.
8.3 In the event of termination by the ISP of
a Contract the ISP may retain all payments made
hereunder and may deny the User access via the
Services to any material or data stored on the
Internet. The User shall within 7 days of termination
remove from the User's equipment the Software
and the ISP's material.
9. CHARGING
9.1 You shall be liable to pay a monthly subscription
fee for use of this service, as set out by the
ISP
9.2 Unless otherwise stated, charges are exclusive
of Value Added Tax and any other taxes applicable
from time to time, which you shall pay.
10. LIMITATION OF LIABILITY
10.1 The ISP accepts no liability in contract,
tort or otherwise including negligence for:
a. inability to gain access to the Service as
a result of routine or emergency maintenance on
the system or excessive demand for the Service;
b. loss of data including both data transmitted
and other data held by you;
c. delay or failure in transmitting or receiving
material;
d. indirect or consequential losses arising from
use of the Service including loss of revenue,
business, anticipated savings or profits.
11. FORCE MAJEURE
Neither party shall be liable to the other, for
any loss or damage which may be suffered by the
other party due to any cause beyond the first
party's reasonable control including without limitation
any power failure and the actions of other internet
service providers and users.
12. NOTICES
Any notices shall, unless otherwise expressly
stated, be in writing and shall be given by sending
the same by E-mail, first class post or facsimile
transmission to the other party's address as may
be designated in writing from time to time. Any
notice sent by first class post shall be deemed
(in the absence of evidence of earlier receipt)
to have been delivered two days after its despatch.
Any notice given by E-mail or facsimile transmission
shall be deemed to have been delivered on the
next working day following transmission.
13. ASSIGNMENT
13.1 You may not assign or delegate all or any
of your rights and obligations without The ISP's
prior written consent such consent not to be unreasonably
withheld.
13.2 The ISP shall have the right to assign or
transfer all or any of its rights and obligations
to an associated company of the ISP or other person
on notice.
14. NO WAIVER
Failure by either party to exercise or enforce
any right conferred shall not be deemed to be
a waiver of any such right nor operate so as to
bar the exercise or enforcement thereof or of
any other right on any later occasion.
15. VARIATION OF TERMS
The ISP reserves the right to vary these terms
from time to time on giving you notice. You shall
be deemed to have accepted the changes if you
continue to use the Service after a period of
two weeks from the delivery of the notice.
16. LAW
The provision of the Service shall be governed
by English law
17. ACCESS POLICY
We recognise the wishes of our Networks' to be
able to access as wide a range of communications
and information on the Internet as possible and
do not wish to restrict that access. However,
we will not knowingly permit the transmission
of or access to material that is deemed illegal
by the UK authorities.
In view of the vast flow of information transmitted
by an Internet Service Provider each day, it is
not technically possible nor economically feasible
to monitor all materials that pass through its
system. We believe that the onus for ensuring
that material presented on the Internet is legal
rests with the original content provider, and
we will not limit access to material unless notified
by the authorities that it is illegal.
Co-ordination of these matters with the authorities
in the UK is handled by the Internet Watch Foundation
(IWF), a body supported by UK Internet Service
Providers, the Department of Trade and Industry
and Police Authorities. If particular information
is deemed to be illegal by the authorities the
IWF will advise Internet Service Providers such
as ourselves accordingly, and we will take steps
to prevent access to it.
If you feel that the contents of any site may
breach the UK law, you should contact the Internet
Watch Foundation hotline and draw their attention
to it. Details can be found at http://.internetwatch.org.uk/hotline.
We would remind you that our Terms and Conditions
of supply for the ISP service prohibit you from
using the service to transmit defamatory, offensive
or abusive material or material of an obscene
or menacing character. It may also be illegal
for you to receive such information.
18. ACCESS FOR CHILDREN
You should note that there may be material accessible
via the Internet which is unsuitable for children.
Where children may be users, we suggest: -
You do not allow unsupervised access and keep
your password to yourself.
You consider downloading running on application
which allows you to restrict access from your
computer to certain areas of the Internet.
19. WEB SPACE
This section contains a few simple rules and
regulations for using your free Web space that
we've drawn up for your benefit as well as ours.
Please take a few minutes to read them through
and make sure you understand them. They apply
in addition to our standard Terms and Conditions
for Internet service.
Your ISP Internet Web space lets you have your
own Web site on the World Wide Web, entirely free
of charge. You can enjoy your Web space with a
unique personalised URL
(Uniform Resource Locator) in the form: http://.prefix.ISP.net
where is a Web site name of your choice, (subject
to availability). It is up to you to ensure that
your choice of does not infringe or contravene
any trademarks.
You can only reach your Web space by using the
URL in the form www..ISP.net. You cannot reach
it using an IP address.
You may use the Web space solely for personal
purposes, subject to the terms and conditions
of use outlined below. You can update or change
your Web space as often as you like, and can take
advantage of Technical Support for uploading,
downloading or viewing pages.
The storage limit on your Web space is enforced
by the system that accepts uploads to the World
Wide Web. If a file upload exceeds your Web space
quota, then it will not be accepted.
20. WEB SPACE CONDITIONS OF USE
You may use up to a maximum of 5 MB of Web space
solely for personal purposes. An
average of 1000 hits a day and will be permitted
for your personal Web space.
Only CGI programs and scripts provided by us
can be used on your Web site.
Support is only provided for uploading, downloading
and viewing pages. No support is provided for
HTML authoring or page design.
You acknowledge that if for any reason you fail
to access your E-mail account for a period of
30 days or longer, the ISP reserves the right
to delete your Web space without notice to you.
In this event, the ISP will have no liability
to you for any loss of data.
The ISP will not keep back-ups of your pages
The ISP accepts no responsibility for any loss
of data, information in any form or
any other matter relating to the use of this service.
Similarly, we accept no responsibility for hit
counts being reset or incorrect.
You are responsible for the content of your Web
site and any material within it, including obtaining
legal permission for any works quoted, and ensuring
that the contents do not violate UK law.
You will be held responsible for any defamatory,
confidential, secret or other proprietary material
available via your Web site.
You must ensure that your index.htm or index.html
(the first page to be viewed on your site) does
not contain any material liable to offend. A clearly
readable warning page must be displayed before
any material of an adult nature is displayed.
The ISP will not be held responsible for any
loss, however occasioned, as a result of the suspension,
removal or unavailability of a Networks
Web space or material stored within it.
If your account is suspended for any reason,
then access to your Web space and the information
stored within it may also be suspended.
When you close your account with the ISP, then
your Web site will also be deleted.
The ISP reserves the right to remove any pages
or information from your Web
site (at our sole discretion), without prior notice
and without explanation.
The ISP reserves the right to suspend any or
all of the Web space service at any
time, without prior notice and without explanation.
The ISP reserves the right to instruct that sites
which show excessive usage
(exceeding 1000 hits per day) be modified or removed
to an alternative hosting server.
The ISP reserves the right to make a charge for
any assessment of suspended
sites.
The ISP reserves the right to vary the terms of
'excessive usage' at their sole discretion at
any time, without prior notice.
You may not sell on or share use of the Web space
or any material stored within it.
By registering for the Web space service, you
will be deemed to have agreed to and accepted
these conditions.
The ISP reserves the right to vary the Conditions
of Use and acceptable use policy for the Web space
service at their sole discretion at any time and
without prior notice.
Any decision made by the ISP in relation to this
service shall be final.
21. DEFINITIONS
"Log-in Name"
a unique sequence of characters chosen by Networks
to act as an identifier to the system. It is used
in conjunction with the Password to provide access
to the Service and is used by the System as a
unique address for all Networks communications;
"Password"
a secret code which is used in concert with the
Log-in Name to identify the user to the System;
"Service"
a dial-up service providing two-way communication
of data or speech via the Internet;
"System"
the set of equipment used by the ISP in order
to provide the Service;
"Terms"
this set of the ISPs standard terms and
conditions for the Service as varied from time
to time.
Subscriber
Terms & Conditions ADSL
Click to view
Acceptable Use Policy
[TOP] Click
to view Acceptable Use Policy
Click to view Terms
and Conditions
Terms
and Conditions
The Customers' use of the Service (as defined
below) and/or acceptance of these Terms and Conditions
("Conditions") constitute the Customers agreement
to be bound by these Conditions. These Conditions
must be read in conjunction with the Surf Mad
which may be subject to change from time to time.
It is the Customers' responsibility to ensure
that they comply with the latest edition of the
"Acceptable usage policy" (AUP) in force at any
given time. These Conditions, together with Surf
Mad AUP, explain Surf Mad responsibilities to
the Customer and the Customer's responsibilities
to Surf Mad and to other users of the Service
("Users"). The AUP in particular outLines what
Surf Mad consider to be unacceptable use of the
Internet by our customers so that Surf Mad can
take appropriate steps against abusers of the
Internet. The AUP and the Application Form are
an integral part of these Conditions and, unless
otherwise expressly stated, all references to
Conditions include reference to the AUP and to
the Application Form. If you are a Consumer, you
must be 18 years or older to register for the
Service. Terms and conditions for Surf Mad ADSL
Services:
1.Definitions Please note some terms used
in these Conditions will have a certain meaning:
"Access Line" means the telecommunications circuit
that the Customer uses to obtain telecommunications
services over the public switched telephone network
at the Premises as notified by the Customer to
Surf Mad ; "Act" means the Telecommunications
Act 1984; "Agreement" means these Conditions together
with the applicable Application Form and AUP;
"Application Form" means the form that the Customer
signs to apply for the Service; "Carrier" means
any supplier of telecommunications services to
Surf Mad for the Service; "Commencement Date"
means the date when the Customer first receives
the live Service. "Confidential Information" means
any information of a confidential nature obtained
under or in connection with this Agreement including,
but not limited to, any information regarding
the existence of errors or viruses found in the
Service and all other information which Surf Mad
characterises as confidential at the time of its
disclosure either in writing or orally. Confidential
Information does not include information which
the Customer can demonstrate: (a) is previously
rightfully known to the Customer without restriction
at the time of disclosure; (b) is or becomes,
from no act or omission on the Customers part,
generally known in the relevant industry or public
domain; (c) is disclosed to the Customer by a
third party as a matter of right and without restriction
at the time of disclosure; or (d) is independently
developed by the Customer without access to the
Confidential Information. "Customer" means the
person who orders the Service and person shall
be taken to include bodies corporate or unincorporate.
Surf Mad may accept instructions from another
person who Surf Mad reasonably believe is acting
with the Customer's authority or knowledge. "Customer
Apparatus" means apparatus belonging to the Customer
not forming part of the Equipment but which may
be connected to the Equipment; "Equipment" means
any apparatus or equipment provided by Surf Mad
or any third party to the Customer at the Premises
to enable provision of the Service; "Minimum Period
of Service" (a) For customers ordering Surf Mad
- The minimum period of service is thirty (30)
days. If termination occurs within the first twelve
(12) months from the commencement date, (30) days
noticed will be required. (b) For customers ordering
Surf Mad ADSL Managed services - The minimum period
of service will be twelve (12) months from the
commencement date. "Physical Characteristics"
(a) For customers wishing Surf Mad to manage the
connection only - Means an existing standard British
Telecommunications analogue telephone line which
does not have any incompatible services enabled
upon it, as detailed in the Service description.
(b) For customers wishing Surf Mad to manage the
connection, installation and equipment: · For
Home customers - An existing standard British
Telecommunications analogue telephone line which
does not have any incompatible services enabled
upon it, as detailed in the Service description.
· For Business customers - means one (1) wall
mounted power socket within two (2) metres of
the master phone socket and an existing standard
British Telecommunications analogue telephone
line which does not have any incompatible services
enabled upon it, as detailed in the Service description;
"Surf Mad " means Surf Mad 3 FiveFields Close
Watford Herts WD19 5BZ "Surf Mad System" means
the telecommunication system which Surf Mad runs
and, for the purpose of this Agreement, any apparatus
leased by, or otherwise obtained by, Surf Mad
from a third party. "Premises" means the Customer's
premises where the Service is to be received.
"Service" means the installation, connection and
supply of a telecommunications circuit capable
of supporting ADSL services at the Premises and
the provision of telecommunication services over
such circuit as detailed in our website. "Standard
Tests" means the tests carried out by Surf Mad
or any third party to determine whether the Service
is ready; "Term" is defined in clause 3.
2.Provision of The Service
2.1The Service is described on Surf Mad
web site at www.surfmad.com
2.2The provisions of the Application Form
are binding on Surf Mad once Surf Mad confirm
to the Customer in writing acceptance of the Customer's
order. The Customer agrees to receive the Service
and pay the fees for the Service as specified
in this Agreement.
2.3Surf Mad will provide the Service to
the Customer in accordance with the Conditions
of this Agreement and with reasonable skill and
care. It is technically impracticable to provide
the Service or the telecommunications services
free of faults and Surf Mad does not undertake
to do so.
2.4Surf Mad will use its reasonable endeavours
to provide a prompt and continuing Service but
will not be liable for any loss of data resulting
from delays, non-deliveries, missed deliveries,
or service interruptions caused by events beyond
the control of Surf Mad , or by errors or omissions
of the Customer.
2.5Surf Mad exclude 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 or the
accuracy of information received through it.
2.6To use the Service, the Customer needs
to supply Surf Mad with certain details on the
Customer's Application Form. Surf Mad will respect
the privacy of this information and will comply
with applicable data protection legislation in
respect of it.
2.7The Customer must have an Access Line
with the Physical Characteristics in order to
receive the Service. If the Customer changes from
the Physical Characteristics Surf Mad cannot be
held responsible if the Customer is no longer
able to receive the Service.
2.8The Customer acknowledges that the Service
will depend upon the characteristics of the Customer's
Access Line and that where the Carrier so determines
it may not be possible to supply the Service.
In this event Surf Mad shall have the right to
terminate this Agreement without liability to
the Customer.
2.9From time to time certain PoPs, servers,
or the whole or part of the Network may be closed
down for routine repair or maintenance work. Surf
Mad or its authorised representative shall give
as much notice as in the circumstances is reasonable
and Surf Mad shall endeavour to carry out such
works during the scheduled maintenance periods
as published from time to time.
2.10Surf Mad may occasionally have to interrupt
the Service or change the technical specification
of the Service for operational reasons or because
of an emergency. Surf Mad will give the Customer
as much notice as possible of any planned interruption
of the Customer's Service. In these circumstances
The Customer shall have no claim against Surf
Mad for any such interruption.
2.11Surf Mad will correct reported faults
as soon as possible. Should the Customer encounter
a fault with the Service the Customer should report
the fault to the Surf Mad ADSL helpdesk. Technical
Support contact information including availability
times is available at Surf Mad .helpatree.org
2.12Surf Mad may include links from time
to time from the Service to other Internet sites.
Surf Mad have no control over the content of such
sites and disclaims any liability in respect of
the Customer 's use of such sites. The Customer
may wish to use one of the available filtering
software products to help prevent access to certain
web content.
2.13The Customer acknowledges that the
Service shall be provided by Surf Mad at the Premises
and that under these Conditions the Customer cannot
require Surf Mad to transfer the Service or Equipment
to another location. In the event the Customer
requests the Equipment to be moved to another
location within the Premises, Surf Mad reserve
the right to accept or reject such request and
Surf Mad decision shall be final. Any expense
incurred in such move of the Equipment within
the Premises shall be incurred by the Customer.
2.14Except as otherwise expressly permitted
in these Conditions, and in addition to other
restrictions herein, the Customer may not:
2.14.1redistribute, encumber, sell rent,
lease, sub-license, copy or use the Service or
otherwise transfer rights to the use of the Service
to any third party, whether in whole or in part;
2.14.2disclose Service features, errors
or viruses to any third party without Surf Mad
prior written consent;
2.14.3use the Service except in conjunction
with Surf Mad recommended operating environment,
notified by Surf Mad ; or
2.14.4modify the Service without Surf Mad
prior written consent.
2.15Surf Mad reserves the right to remove
e-mail from Surf Mad servers that is left for
a period of more than four months.
2.16Surf Mad reserves the right to change
the Customer's password at any time at its sole
discretion.
3.Term
3.1This Agreement will commence on the
Commencement Date and shall continue for a term
equivalent to the subscription period paid by
the Customer until the expiry of that subscription
period or the Agreement is terminated in accordance
with the terms hereof ("the Term") subject to
the provisions of paragraph 13.1
3.2The Minimum Period of Service does not
prevent Surf Mad from suspending or terminating
the Service under paragraphs 12 and 13 of this
Agreement.
4.Fees
4.1Surf Mad shall provide the Customer
with the Service for the fees as set out on the
Application Form. These fees are payable in advance
from the start of the Minimum Period of Service.
Payment will be due on the date specified on the
invoice. Surf Mad accept major credit cards, cheques
or direct debit payments. Save where the Service
is terminated by Surf Mad without cause, the Customer
shall not be entitled to a refund of subscriptions
paid.
4.2Subject to our discretion we will invoice
you with credit terms of 30 days net, on an Annual
basis only. Surf Mad may charge interest on all
outstanding amounts on a daily basis at the rate
of 3% per annum above the base lending rate of
Barclays Bank plc in force from time to time,
from the date of the invoice until the date of
actual payment or judgement has been enforced.
Additionally, Surf Mad reserves the right to terminate
the provision of service to the Customer immediately
if the Customer is in default of payment. Such
termination is without prejudice to the rights
of either party accrued prior to the date of termination.
4.3The installation fee as specified on
the Application Form is payable in advance by
either cheque or credit card
4.4All fees are subject to change from
time to time in the event that the Carrier increases
its fees to Surf Mad . Surf Mad will contact you
in the event of any such increases.
4.5In addition to the fee set out on the
Application Form, Surf Mad shall be entitled to
charge the Customer for the reasons given. (a)
Internal Relocation - If a customer wants to relocate
the main phone socket from one room/floor to another
within the same building (b) Abortive Visit Charge
- Abortive visits include attendance to incorrect
address provided by the customer, site does not
meet requirements specified by BT or End User
is not available. (c) Administration Charges -
Where The Customer provide illegible, materially
incomplete or incorrect order details. (d) Reworking
Charge - If the Customer consents to a Carrier
engineer making good any existing non-Carrier
installed wiring to make it fit for installation
of the Service. (e) Order Cancellation - If the
customer requests the cancellation of the Surf
Mad ADSL service five (5) or less days prior to
the arranged installation date. For the latest
pricing information on the above please contact
the Surf Mad sales department .
5.Access
5.1The Customer hereby irrevocably gives
permission to Surf Mad and its employees, agents
or contractors to:
5.1.1execute any works on the Premises
for, or in connection with, the installation,
maintenance, adjustment repair, alteration, moving,
replacement, renewal or removal of the Equipment;
5.1.2keep and operate the Equipment installed
on, under or over the Premises;
5.1.3enter the Premises to inspect any
telecommunication apparatus kept on, under or
over the Premises or elsewhere for the purposes
of the Surf Mad System. The permission set out
above shall continue in force after cancellation
or termination of this Agreement until such time
as Surf Mad have removed all Equipment from the
Premises.
5.2The Customer must allow Surf Mad or
any Carrier to have access to the Premises at
all reasonable hours for the purpose of testing
or maintaining any of the Equipment and/or the
Service and provide a safe and suitable environment
for such access visits.
6.Installation
6.1When Surf Mad manages the connection
only: 6.1.1 Surf Mad will only arrange for the
ADSL service to be provided on the customer's
telephone line. It is the customer's responsibility
to connect the necessary micro-filter and ADSL
equipment.
6.2When Surf Mad manage the connection,
installation and equipment:
6.2.1Surf Mad 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 Surf Mad . Any
installation date given is an estimate only and
Surf Mad shall not be liable for any failure to
meet such installation date.
6.2.2Surf Mad shall supply the Customer
with the relevant information to enable the Customer
to suitably prepare the Premises for delivery
and installation of the Equipment. The Customer
shall at the Customer's expense provide suitable
accommodation, facilities and environmental conditions
for the Equipment and all necessary electrical
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