About Us > Terms and Conditions
1. Definitions

In these conditions

1.1 "Agreement" means any agreement made subject to these conditions which shall incorporate these Conditions;

1.2 "Company" means Guernsey.Net Limited;

1.3 "Internet" means the network of computer systems to which the Guernsey.Net service is connected and provides access to its users;

1.4 "Internet Address" and "Login ID" mean such sequence of alpha numeric Characters as are used from time to time by the User to identify himself to other Users of the Computers to which Guernsey.Net is from time to time connecting or otherwise forwarding data to and from the Users.

1.5 "Password" means an alpha numeric characters sequence assigned and used exclusively by the User at their own risk for the purpose of securing and maintaining the exclusivity of his access to the Guernsey.Net Service;

1.6 "PDN" means the Public Data Network operated by a PTO as defined by the United Kingdom Telecommunications Act 1984;

1.7 "PSTN" means the Public Switched Telephone Network operated by a PTO as defined by the United Kingdom Telecommunications Act 1984;

1.8 "PTO" means Public Telephone Operator as defined by the United Kingdom Telecommunications Act 1984;

1.9 "User" means any person or company or organisation with whom the company enters into an Agreement subject to these conditions;

1.10 "Service" means the services described in the current Guernsey.Net Brochure together with such Value Added Services to be provided by the Company to the User.

1.11 "Service Commencement Date" means either the 1st or 15th of the month whichever comes next after the Application date specified as such in the Agreement;

1.12 "Value Added Service" means the provision of a service other than those detailed in the current Guernsey.Net Brochure;

1.13 "A Call" is defined as the connection of one or more parties via the networks or the PSTN where the ability to transmit or receive data or other information is made possible. This applies to one way traffic and includes any recorded and or automated transmissions and/or the reception of data;

1.14 "Charges" means such charge for such predetermined units of time and or volume of data together with the charges related to Value Added Services from time to time provided by the Company in each case at the rates set out or referred to in the Company's published tariffs;

1.15 "Login ID" means such sequence of alpha numeric characters as are used from to time to time by the User to identify himself to other Users of other computers to which the Guernsey.Net is from time to time connected or otherwise forwarding data to and from the User.

2. Acceptance of Application

The Company reserves the right to refuse Guernsey.Net services.

3. The Service

Subject to those conditions the Company will:

3.1 Allocate or permit the User to allocate himself a Login ID, Internet Address or Guernsey.Net Access Code.

3.2 Connect the User to the chosen network and or service subject to availability, sector type and status;

3.3 Connection of the User's Login ID, Internet Address or Guernsey.Net Access Code. shall be made as soon as possible. Any date indicated by the Company as a date for connection is an estimate only and may be liable to change. Accordingly the Company will not be responsible for any delay in connection beyond such a date.

4. Right to change Login ID, Internet Address or Guernsey.Net Access Code

The Company shall have the right from time to time to change the User's Login ID, Internet Address or Guernsey.Net Access Code.

5. Payments

5.1 Charges for the Service shall be paid by the User to the Company by means of payment method selected by the User;

5.2 The Company reserves the right to vary from time to time all charges to the User at any time subject to the giving of such notice to the User as may be practicable. Price variations will not apply to the Users eligible for a special offer until the period of the special offer has expired.

6. Usage

the User hereby agrees to;:

6.1 Refrain from transferring copyright, pornographic, offensive or otherwise potentially damaging or harmful material to or from other Users of Guernsey.Net or the PDN and other privately owned and operated services to which Guernsey.Net may from time to time provide access;

6.2 Refrain from sending menacing, obscene, indecent, abusive or annoying message whilst using Guernsey.Net services;

6.3 Not divulge its password to any third party and use all reasonable endeavors to keep the same confidential and inaccessible to third parties;

6.4 Keep the Company informed of any changes to the User's address as set out in the Guernsey.Net Application Form and any other information as may effect the payment of charges due.

7. Liability

The Company shall not be liable for any loss or damage howsoever caused:-

7.1 Economic loss (including loss of profit, business, revenue and goodwill);

7.2 Any claim made against the User by another third party;

7.3 Any loss or damage to the User caused by or arising from an act or omission of the User, the Company, any PTO or Value Added Service supplier.

7.4 The Company shall be under no liability whatsoever for any interruption, loss of service or property or damage to service or property caused wholly or in part by any act of force majeur or any act beyond the companies control.

8. Changes to the Service

If any network Operator shall discontinue the provision of telecommunication services to the Company or shall alter by modification, expansion, improvement, maintenance or repair of the telecommunications services or any part thereof provided to the Company or shall disconnect the User's apparatus from the PSTN, PDN or Internet, the Company shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Service as necessary.

9. Suspension

The Service may be suspended by the Company without notice and without prejudice to the Company's Rights on Termination under Clause 11 in the event:-

9.1 Of any failure by the User to make any payment to be made to the Company on the due date for payment;

9.2 If the User does or suffers anything to be done which jeopardises the Guernsey.Net services or any network to which it is from time to time connected;

9.3 If the User is otherwise in breach of these Terms and Conditions;

9.4 No such suspension shall affect the liability of the User to pay charges and other accounts to the Company. During suspension the Company reserves the right to refuse the release of the Login ID and Internet Address

10. Termination

The Agreement shall remain in force from the acceptance of the Guernsey.net Application Termination can be effected as follows:

10.1 By the User. The User may terminate this Agreement by written notice to the Company;

10.2 By the Company. The Company may terminate this Agreement at any time and without notice if the User commits any breach of this Agreement including non-payment of charges;

10.3 The Company reserves the right to invalidate any Login ID and Internet Address issued to the User following the termination of this Agreement;

10.4 No refund on charges paid will be made to the User upon termination of the Agreement by either the Company or the User.

11. Rights on Termination

11.1 Termination of the Agreement shall not affect any pre-existing liability of the User or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the User of the Agreement.

11.2 On termination of the Agreement the right to use the Login ID and Internet Address shall revert to the Company except where specific agreement has been reached in writing between the Company and the User for the transfer of the Login ID and the Internet Address and the fee or other payment required by the Company in connection with such a transfer has been paid by the User.

12. Login ID and Internet Address

The Company shall not be requested or required to release the LoginID or Internet Address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the User has complied with all its obligations hereunder.

13. Notices

13.1 Any notices under or in connection with this Agreement shall be in writing and shall be delivered by post to the relevant address given in the Guernsey.Net Application form or to such address as the recipient may have notified to the other party via E-mail for that purpose.

13.2 Suspension notices for non payment of Charges will be deemed as delivered by facsimile to the relevant number given in the Guernsey.Net Application form or to such facsimile number as the User may have notified.

13.3 Any notice shall be duly given, if given by pre-paid first class mail, at the expiration of 48 hours after the envelope containing the same shall have been posted. In proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such communication was properly addressed and posted as a pre-paid first class letter.

14. Expenses of the Company

The User shall pay to the Company all costs and expenses (so that any legal fees shall be taxed on the Indemnity Basis) incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the User in the event that legal processes cannot be enforced at the address last notified to the Company.

15. Non Waiver

The allowance of time to pay or any other indulgences by the Company in respect of payments due to it shall in no manner affect or prejudice its right to payment together with interest provided under these Conditions.

16. Invalidity

If this Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged effective and enforceable if part of the wording were deleted or a provision were reduced in scope this Agreement shall continue with such notifications as may be necessary to make its provisions (or if such case its remaining provision) valid, effective and enforceable.

17. Law and Arbitration

The Agreement is governed by and shall be interpreted in accordance with Guernsey Law and the parties submit to the exclusive jurisdiction of the Guernsey Courts. This Agreement incorporates the provisions for arbitration (if any) available under any Code of Practice issued by the Network Operator under the provision of its license.

18. Clause Headings

Clause headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its Conditions.

19. Other Printed or Standard Conditions

All services are provided on the foregoing Conditions which constitute the entirety of the Agreement to the exclusion of any other terms and conditions and no Agreement terms and conditions contained in any document sent by the User to the Company shall be of my affect with respect to the Agreement unless expressly accepted by a duly authorised officer of the Company in writing. The User acknowledges that the User has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis of any representation, warranty, undertaking or statement which has been made by or on behalf of the Company in relation to the Service which has induced the User to enter into this Agreement with the Company.

20. Variation

The Company reserves the right to vary these Terms and Conditions as a result of changes required by its Insurers, operation or administration problems, new legislation, statutory instruments, Government regulations or licenses. These Conditions may not otherwise be varied or waived except by express written agreement between both parties.
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