rave-tt.net (hereinafter referred to as "the Company") shall provide Internet Service to persons and/or companies (hereinafter called "the Customer"), subject to the terms and conditions herein which may be amended from time to time by the Company. These terms and conditions shall be printed at the back of each Customer invoice and shall constitute a binding agreement between the Company and the Customer.
DEFINITIONS The following terms shall have the following meaning "Equipment" Equipment of any kind whatsoever provided by the Company to the Customer pursuant to this Agreement and or the equipment/apparatus used by the Company in provision of the Service; "Service" the Internet service provided by the company to the Customer pursuant to the terms hereof.
PAYMENTS - The Customer shall pay to the Company the base monthly subscription in advance plus any additional chargeable hours used during the previous month. The Company may in its discretion charge a deposit against Service in an amount to be fixed by the Company. The Company may refuse to provide Service to any Customer who refuses to furnish sufficient information to enable his credit- worthiness to be assessed. The Customer hereby consents to the disclosure by any person selected in the absolute discretion of the Company of any information, which will allow the Company to assess his credit-worthiness. If any payment or part thereof is not made by the Customer when due, the Company has the right to impose a late charge and/or reconnection fee. The Customer shall be responsible for the payment of all charges incurred in respect of the service regardless of the person or persons using the service. A charge shall be imposed by the Company for any dishonoured cheque tendered to it by the Customer. Charges are subject to change without notice.
USE OF SERVICE The Service provided to the Customer may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any statute, regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade, secret or any other statute, threatening material or obscene material. No more than one log-in session at any time by the Customer on any system account will be permitted. If the Customer has multiple accounts, the Customer is limited to one log-in session per system account at any time.
DISCONTINUANCE OF SERVICE The Company may immediately disconnect and/or discontinue Service where (a) the Customer fails to make payment when due of the Company charges for Service; (b) fails to pay any deposit when requested by the Company; (c) transmits or stores any information which is offensive, abusive indecent, obscene or menacing utilizing the Service; (d) uses the service provided for a purpose prohibited by any law (whether primary or secondary, regulation, bye-law, or any international telecommunications convention); (e) uses or attempt to use the Service in such a way as to avoid, evade or reduce payment of the company's charges; (f) an order is made or an effective resolution or Administrator is appointed in relation to the Customer; (g) (being a Partnership or Individual) such partnership is dissolved or the Customer shall become bankrupt or die; (h) (whether a body corporate or individual) a distress or execution or like process is levied, issued, enforces upon or against any of the property of the Customer, (I) any encumbrancer takes possession of any property of the Customer; (j) the Customer makes attempt to make any arrangement or composition with its creditors; or (k) if any, permit licences or consent which the Company requires in order to carry out its obligations under this Agreement is refused or withdrawn.
FAULT REPORTING, MAINTENANCE The Customer shall report failure of Service to the Company within twenty four (24) hours of the occurrence of such fault. Upon receipt of notification of a fault the Company shall use its reasonable endeavours to take all proper steps to restore the service (at the Company's sole option) and the company may in its sole discretion adjust its charges for the period during which the Service was interrupted;
LIABILITY - The Company gives no undertaking or guarantee that the Service is free of fault; Save as provided for in this Agreement the Company shall not be liable to the Customer or to any other person for direct, indirect or consequential losses or damage or otherwise, (including but not limited to loss of profits or damaged or corrupted data arising out of or in connection with the use of the Service or any delay in providing or restoring the Service or the total or partial interruption of Service for any cause whatsoever (including but not limited to Equipment failures, interference of any kind) or for any loss or damage to any property whatsoever (including Customer equipment and/or property) or death or injury to any person occasioned or arising from any design or specification provided or made by the Customer or if any adjustment, alteration or other work has been done to the Customer equipment/Equipment by any person other than the Company; The Customer shall indemnify the Company against all costs, claims, loss, damage, expenses and liabilities that it may suffer or incur as a result of a breach by the Customer of any of these terms and conditions of this Agreement or as a result of the acts or omissions of the Customer, its employees, servants and/or agents. In no event will the Company be responsible or liable to the Customer or others for any claim, loss, damages, liability or expenses the Customer or others may suffer or incur as a result of, arising out of, or in any way connected with the computer programs and software or the Services provided herein. The Customer assumes all responsibility and liability with respect to the content of any information received or transmitted to others over the Internet including, without limitation, information placed by the Customer on their personal home page. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. The Customer agrees to indemnify the Company against any claim, loss, damages or expenses for which the Company is found liable to third parties as a result of any action of the Customer under this Agreement.
TERMINATION Either party to this Agreement may terminate it at any time by giving thirty (30) days notice in writing of its intention so to do. Such termination shall be without prejudice to any right and/or liabilities of either party to this Agreement arising prior to termination; Not withstanding the foregoing the Customer may terminate this Agreement prior to the installation of any Equipment or the commencement of provision of any Service by the Company. The Company shall forfeit any deposits paid by the Customer and the Customer shall make good to the Company any money spent by the Company to procure such Service and/or Equipment.
FORCE MAJEURE The Company shall not be liable to the Customer for any breach of this Agreement if the breach was caused by reason of circumstances beyond the reasonable control of the Company including without limitation, acts of God, strikes, lockouts, industrial disputes (whether or not involving the Company's employees) and the acts or defaults of any other provider of telecommunication services.
HEADINGS The headings in these terms and conditions are for ease of reference only and hall not affect the interpretation thereof. NO WAIVER - Any waiver by the Company of a breach of any of the terms and conditions of the Agreement shall not be a waiver of any other breach (whether of the same or any other terms and/or conditions) of this Agreement.
ENFORCEMENT - If any terms and conditions of this Agreement be determined to be unenforceable by any court of competent of jurisdiction, then and in that event such terms or conditions shall be deemed as excluded and the remainder of the Agreement shall remain in full force and effect.
NOTICES - Any notice to be given under this Agreement shall be in writing and telexed sent by e-mail, facsimile transmission, forwarded by registered mail or delivered personally, if by the Company, to the billing address as last notified by the Customer, or if by the Customer to the Company's business address as shown on its last invoice and shall be deemed to have been given on the date of the e-mail, telex or facsimile transmission or within seven (7) days of posting if sent by mail.