The terms and conditions detailed below apply to any services provided by Public Internet Limited (“Public Internet”) once Public Internet has accepted your order by sending you a written confirmation or by commencing the provision of The Service (as defined below)
Public Internet shall use reasonable endeavors to provide the service to you specified in your order (“The Service”). You acknowledge and agree that Public Internet does not guarantee the provision of The Service on an uninterrupted basis but that Public Internet shall use reasonable endeavors to meet the service levels, if any, specified on the service order form. In the event that no service levels are defined, Public Internet shall provide the relevant service will reasonable care and skill. You further acknowledge and agree that Public Internet may revise it’s service levels from time to time, and that you accept such revised service levels as notified.
If Public Internet applies for the registration of a domain name on your behalf as part of The Service you warrant, represent and undertake as follows:
that you have the right to use the name which will form the prefix of the domain name; and
by requesting that Public Internet apply to register the domain name you agree to comply with the relevant registration authority’s terms and conditions as specified from time to time and indemnify and keep Public Internet and it’s directors and staff fully and effectively indemnified at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including without limitation, legal expenses) arising directly or indirectly from the registration and/or breach by you of this clause 2 including, without limitation, the relevant registration authority’s terms and conditions.
Public Internet shall use reasonable endeavors during Office Hours (as defined below) to provide advice and support concerning the provision of The Services to you by e-mail on the address specified at http://www.public-internet.org/ (“The Website”) from time to time and shall, where appropriate, seek to provide remote diagnosis and fault corrections. Public Internet shall provide such advice and support with reasonable care and skill. For the avoidance of doubt, Public Internet shall not be obliged to carry out any site visits or otherwise provide support other than by e-mail. For the purposes of this clause 3, “Office Hours” shall be defined as 09:00 to 17:00 on any weekday excluding public holidays and bank holidays in England.
Your sole remedy for failure by Public Internet to meet the Service Levels shall be to terminate this Agreement in accordance with clause 14
This Agreement shall commence on the date specified by Public Internet in it’s confirmation of your order or the date that Public Internet commences the provision of The Service (whichever is sooner) ands shall continue in force until terminated in accordance with it’s terms
You must pay Public Internet for the for The Service at the rate agreed with Public Internet at the time of placing your order as such rate may be revised by Public Internet from time to time provided that Public Internet does not revise such rate more than once in any period of twelve months and you shall pay such rate in advance on or before the beginning of each payment period as agreed with Public Internet at the time of placing your order (“the due date”). Any failure by you to pay in full by the due date will entitle Public Internet at any time thereafter without notice to you to terminate the provision of The Service with immediate effect.
You undertake and agree to:
keep your contact details up to date and forthwith notify us of any amendments;
keep your passwords confidential and only disclose them to such of your employees who need to know them and you will procure that those employees keep such passwords confidential; and
comply with the terms and conditions of use of any third party networks and services used in the provision of The Service which are not directly operated or provided by Public Internet and/or which are not under the control of Public Internet
You acknowledge and agree that:
From time to time, The Service may be closed down and suspended in order for work to be carried out related to the upgrading or maintenance of The Service or for other reasons relating to the provision of The Service. Public Internet shall use reasonable endeavors to give you reasonable notice of such closure and suspension and shall use reasonable endeavors to ensure such works are carried out as quickly as reasonably possible.
Public Internet is entitled to alter of transfer IP addresses from time to time for any reason whatsoever. Whilst Public Internet shall use reasonable endeavors to give reasonable notice of such alteration or transfer, Public Internet does not guarantee this. All IP addresses supplied are supplied as non-portable RIPE PA or PI address space and remain the property of Public Internet and must not be used on termination of The Service, and Public Internet shall thereafter be entitled to use such IP addresses for any purpose whatsoever. No IP addresses are transferable to other service providers; and
In the case of Services comprising Leased Lines or ADSL, in each case as specified on The Website, Public Internet is providing The Service using services provided by third parties and that without prejudice to clause 7(c) Public Internet shall not be liable under this Agreement for a failure or degradation in respect of The Service if it is due to an act or omission of such third party.
By submitting you order for the provision of The Service on the terms and conditions of this Agreement, you hereby expressly consent to Public Internet using any and all information provided by you from time to time for any purpose whatsoever including, without limitation, the marketing of Public Internet’s products and/or services to you and the sending to you of emails concerning Public Internet products and services and or any technical announcements by Public Internet concerning The Service and you hereby expressly consent to Public Internet transferring the information to any third party that is a group of undertaking of Public Internet (as defined in Section 259 of the Companies Act 1985 (as amended)) anywhere in the world. For the avoidance of doubt, Public Internet will not sell such information to any third party
All copyright, trade marks and other intellectual property rights subsisting of created in the provision of The Service shall remain the property of Public Internet or it’s licensor and you will not derive and right, title or interest in them. You shall indemnify and keep Public Internet indemnified against any and all losses, claims, liabilities, damages, demands, costs and expenses (including, without limitation, legal costs and expenses) incurred by Public Internet as a result of failure by you to comply with this clause 10
You and Public Internet hereby agree that any information of a confidential or proprietary nature supplied to the other or generated by either party during the term of this Agreement shall not be used by the other, save for the purposes of this Agreement, and shall not be disclosed to any third party, in each case, without the prior written consent of the other, whether during the term of this Agreement or after it’s termination or expiration
Public Internet may, as it’s sole opinion and without any obligation to refund monies paid by you pursuant to clause 6, terminate this Agreement immediately on written notice to you if:
ordered to do so by a court of competent jurisdiction;
the use of The Service is or becomes illegal;
if there is a breach of this Agreement
the continued use of The Service could cause technical problems on Public Internet’s network, or the Internet, or
you act in any way or do anything which may reasonably be construed to impugn the trade mark rights of Public Internet or otherwise be detrimental to the business, goodwill or reputation of Public Internet (including, without limitation, the ability of Public Internet to maintain Service Levels for it’s other customers)
Either party may terminate this Agreement by serving not less than 45 days written notice on the other provided that if you terminate this Agreement pursuant to this clause 13 you shall not be entitled to a refund of any monies paid pursuant to clause 6, and in the case of the Services comprising Leased Lines or ADSL, or from time to time other services, you shall promptly reimburse to Public Internet any and all of the cancellation charges that Public Internet incurs to a third party as a result of your termination of this Agreement
You may terminate this Agreement immediately by serving written notice on Public Internet if Public Internet fails persistently to meet the Service Levels
Public Internet gives no warranty and makes no representation in respect of The Services save as expressly set out in this Agreement and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, expressed or implied whether by statue, common law or otherwise in relation to such Service.
Public Internet shall not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with The Service, including without limitation:
loss of revenue; and/or
loss of anticipated savings; and/or
loss of business and/or goods; and/or
loss of goodwill; and/or
loss of use; and/or
lose and/or corruption of data and/or other information; and/or
any damage relation to the procurement of any substitute services
For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses (a) to (h) inclusive of this clause 16 nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement
No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or any other matter, non-compliance of breach.
Notices to either party must be given in writing and sent by first class post, e-mail or facsimile to the relevant addresses specified on The Website in the case of Public Internet, and in your order in your case, as amended by no less that 15 days notice in writing to the parties from time to time. A notice shall be deemed delivered within three Business Days of posting in the case of first class post; twenty four (24) hours after sending the e-mail in the case of e-mail and on completion of the transmission as shown in the transmission report in the case of facsimile
No person other than a party to this Agreement shall be entitled to enforce and term of it.
In no event shall Public Internet’s liability to you whether in contract, tort, by statute or otherwise exceed the amount paid by you for the relevant Service.
Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, it’s officers, employees, agents and/or sub-contractors
Public Internet reserves the right to make any changes or amendments to the terms of service (“TOS”) that it deems necessary. Public Internet will give a minimum of fifteen (15) days written notice of any changes to the TOS.
The terms and conditions are exclusively governed by English law and you and Public Internet submit to the exclusive jurisdiction of the English courts.