ADSL/SDSL/FTTC AGREEMENT
AKA Internet Ltd
TERMS AND CON DTIONS

1. Definitions
In these Conditions unless otherwise stated:

1.1 “the Act“ means the Communications Act 2003
1.2 “Additional Charges” means any charges additional to the Charges that may be invoiced by the Company payable by the Customer and may vary from time to time
1.3 “Agreement” means any contract for the provision of Services by the Company to the Customer which incorporates these Conditions
1.4 “Amendment Notice” means any notice of variations to the Charges in respect of the Service that may be issued by the Company from time to time
1.5 “Carrier” means any supplier to the Company from time to time in respect of telecom services in respect of the Service
1.6 “Charges” means the Charges payable by the Customer for the provision of the Services as specified in the Schedule to this Agreement
1.7 “Company” means AKA Internet Ltd a company registered in England and Wales under number 06316428 whose registered office is currently situated at Unit 3 Denmark street Maidenhead Berkshire SL5 7BN United Kingdom
1.8 “Commencement Date” means the date upon which the Company confirms acceptance and the Customer’s offer to pay for the Services in accordance with these Conditions
1.9 “Initial Period” is the period of 12 months from the Commencement Date and expiring on the date this Agreement is terminated in accordance with Clause 5 of these Conditions
1.10. “Party” means You and Us
1.11 “the Schedule” means the schedule to this Agreement
1.12 “Services” means the services listed in the Schedule to this Agreement
1.13 “Terms” means these terms and conditions
1.14 “Us We Our” means AKA internet Ltd registered office c/o Barnes Mayer Unit 3 Denmark Street Maidenhead Berkshire SL5 7BN
1.15 “You” means the person or organisation requiring the Services
1.16 “Website” means www.akainternet.co.uk

2. Our Obligations

2.1 We agree to provide You with the Services for the Charges as specified in the Schedule to this Agreement for the Initial Period and thereafter. To avoid doubt your telephone provider will still bill you or the rental of your telephone line.
2.2 We will use all our reasonable endeavours to provide the Services without any interruption.
2.3 You acknowledge that our obligations may be carried out on our behalf by a Carrier or other sub-contractor or agent.
2.4 Your bill will be calculated using data recorded by Us and not from your own record. Our billing records will meet standards of accuracy approved by our industry regulator.

3. Your Obligations

3.1 You agree to pay the Charges specified in the Schedule on a monthly basis. We may change our Charges, [cancellation and /or termination charges] from time to time but aim to let you know at least 21 days in advance.
3.2 You must pay the Charges either by cheque made payable to “Aka internet Ltd” or by standing order to our nominated bank account. We may vary these methods from time to time. You must provided Us will all necessary information and authority We need to set up a variable Direct Debit if requested. Additional charges will apply if you do not comply with payment. Where a Direct Debit is to be set up We shall be entitled to withhold our Services if you bank has not confirmed that the Direct Debit has been established.
3.2 You agree not to use of the Service in any way that will or is likely to make excessive use of the Service which is contrary to our fair use policy as posted on our Website (as amended from time to time).
3.3 If You have not paid our Charges or any Additional Charges due under this Agreement by the due date, we will send you a reminder or call You. If We do not receive payment from You within 7 days of the date of the reminder or call we may:
3.4.1 suspend the Service until we receive payment from you 3.4.2 add a late payment charge of £10 to your next bill and /or
3.4.3 charge interest on any over due amounts payable from the due date until payment of all sums owing including interest at rate set out in the Late Payment of Commercial Debts (interest) Act 1988 as current from time to time.
3.5 If You dispute payment of the Charges or Additional Charges in whole or in part, You should contact Us immediately or no later than 10 working days following receipt of your invoice or bill. We shall deal with any dispute regarding Charges or Additional Charges as quickly as possible.
3.6 Subject to You notifying Us of your dispute and making payment of any Charges or Additional Charges not in dispute, we will suspend payment of interest or late payment charges until We resolve the dispute with You.
3.7 You agree that all the information that You have given Us is correct and You will inform Us of any changes. You accept that you will be liable for any Additional Charges if You give Us incorrect information that We act on. For example if you give Us the wrong telephone number for a ADSL/ SDSL connection.
3.8 You agree to indemnify Us and any Carrier against any loss either of Us may suffer from the use of the Services.
3.9 You agree that You will:
3.9.1 comply with any reasonable instructions or directions issued by Us from time to time in respect of the Services and that You will comply with all relevant policies that we may publish on Our Website;
3.9.2 conform to such protocols and standards as are issued form time to time in respect of the use of the internet and the Services;
3.9.3 fully indemnify Us against any costs and claims from any third party resulting from your acts or omissions in respect of the Services;
3.9.4 comply with all applicable legislation (including but not limited to maters arising under the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000).
3.10 You agree that You will not (and you will ensure that your employees agents and sub-contractors do not):
3.10.1 use the Services for any unlawful purpose or in contravention of any English or other law this includes but is not limited to:
a. any act or omission which is likely to infringe the intellectual property rights of a third party;
b. the transmission, display downloading or uploading any material or text which is likely to be construed as defamatory offensive, abusive, obscene or which is likely to cause unnecessary anxiety or inconvenience to a third party;
c. use the Services in such a way that is likely to violate or infringe the rights of any individual, or company in the United Kingdom or elsewhere.
3.10.2 send or procure the sending of unsolicited advertising or promotional material or
3.10.3 use the Services in any way that does not comply with instructions given by Us for reasons of health ad safety or the quality of the Carrier’s telecommunications services or our system or;
3.10.4 use the Services in anyway that is likely to make excessive use of our network (including but not limited to spamming)
3.11. We reserve the right from time to time to pass on to You Charges levied against Us by a Carrier or any other third party supplier.

4. Liability

4.1 Except as required by law and expressly provided in these Terms, we do not warrant the Services against failure of performance. We make no warranty to You as to the quality of the Services.
4.2 You agree that We will not be liable in contract or in tort or otherwise arsing out of or in connection with these Terms for economic loss (including but without limitation loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, indirect or consequential losses, whether or not such losses were within our contemplation, suffered or incurred by You or any third party arising out of or in connection with the provisions of the Services (or any part of them).
4.3 Subject to clause 4.4 Our total aggregate liability to You arising out of or in connection with this Agreement and the performance or observation of Our obligations under it shall be limited to one month Charges for any one breach.
4.4 Nothing in this agreement shall exclude or limit liability for death or personal injury resulting from our negligence or that of the Carrier our employees or sub-contractor or affect your statutory rights if You are a consumer.

5. Termination

5.1 We may terminate or suspend Your use of the Services at any time at our sole discretion and without notice if You breach any term of these Terms or we have reason to believe that You may have breached any of these Terms.
5.2 We may terminate this Agreement immediately upon written notice to
You if:
5.2.1 it becomes unlawful for Us or the Carrier to continue to provide or support the Service;
5.2.2 the Carrier supporting the Service ceases to do so for whatever reason or changes the term(s) and condition(s) in respect of any telecommunications services to Us for the Service for reasons beyond our control
5.3 You agree to pay us a cease charge fee where our Carrier levies such fees against Us.
5.4 Unless terminated as set out elsewhere in this Agreement this Agreement will continue until you give us [30 days] written notice.
5.5 If We are in material breach of these Terms You may terminate this Agreement by giving Us reasonable written notice.
5.6 Upon termination of this Agreement for any reason Your right to use the Service(s) shall immediately terminate and you shall immediately stop using the Service.
5.7 We can also end the Agreement immediately if:
5.7.1 You become bankrupt
5.7.2 You have broken any Term of this Agreement (but if it can be remedied we will give you 7 days to put the breach right
5.7.3 Any payment is not made when due.
5.8 We may terminate any or all of the Services by giving You a minimum of [2] months notice.
5.9 We may suspend the Service to You if We reasonably consider that the Charges You are incurring are higher than usual for the type of Services that You are receiving or Your usage is higher than normal and /or We have reasonable grounds to doubt that you will be able to pay Your bill.

6. Confidentiality

6.1 Each of Us shall while We are providing Services under these Terms and thereafter keep secret and confidential all business technical or commercial information disclosed to one of Us by the other or otherwise which belongs to the other subcontracts, Carriers, telecommunication providers or clients.
6.2 Each of Us shall procure that its agents and/ or employees are similarly bound) and shall not disclose the same to any person save to the extent necessary to perform its obligations in accordance with these Terms except as authorised in writing by the other.
6.3 The obligation of confidentiality contained in clause 6.1 and 6.2 above shall not apply (or as the case may be cease to apply) to business technical or commercial information which :
6.3.1 at the time of disclosure by the disclosing party is already in the public domain or which subsequently enters the public domain other than breach of these terms;
6.3.2. is required to be disclosed under applicable law or order of a court of competent jurisdiction.

7. General

7.1 We shall not be liable for any breach of our obligations in this Agreement resulting from causes beyond our reasonable control including but not limited to fires, strikes, (of own or other employees), insurrection or riots embargoes or delays in transportation, inability to obtain supplies act of local or central government or other competent authorities or acts or omissions of third party, telecommunication service providers.
7.2 Any notice required or permitted under these Terms must be in English and sent to Us for the attention of the company secretary at the following address: Aka Internet Ltd c/o Barnes Mayer, Unit 2 Denmark Street Maidenhead Berkshire SL5 7BN
7.3 Any notice to be sent to You will be sent to the address You provided
when ordering or applying for the Service unless you notify Us otherwise. Any notice in relation to this agreement may be delivered by hand, post, fax or e-mail and will be treated as having been delivered on the day delivered if by hand or 2 days after posting if sent by post or on the day of transmission if sent by fax or e-mail.
7.4 You may not sell lease sub-licence assign or otherwise transfer whether in whole or in part by operation of law or otherwise, the rights and obligations including the Service arising under these Terms without our prior consent.
7.5 Nothing in these Terms will create or confer any rights or other benefits whether in accordance with the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than You, Us or the Carrier.
7.6 The headings to the sections of these Terms are for convenience only and have no substantive meaning.
7.7 These Terms are subject to the laws of England and Wales and both parties submit to the exclusive jurisdiction of the English Courts.
7.8 If any provision of this Agreement or its Terms is held by any competent authority to be invalid or unenforceable in whole or in part
the validity of this Agreement and the reminder of the Terms or this Agreement shall not be affected.
7.9 This Agreement may not be amended, varied, supplemented or otherwise modified unless agreed by Us in writing.
7.10 The failure by Us not to insist on the performance of any of the provisions of these Terms shall not be construed as a waiver or a relinquishment of that our rights to future performance of such provisions and your obligation in respect of such future performance shall continue in full force and effect.
7.11 This Agreement supersedes any pervious Agreement between Us and You in relation to matters dealt with in it and You acknowledge that that you have not entered into this Agreement in reliance upon any representation, or statements whether oral or written made or alleged to have been made by Us or our agents.
7.12 If You want to complain about our Service please e-mail our Customers
Complaints Department at service @aka.net. Your complaint will be dealt with quickly and sympathetically

8. Faults in the Service

8.1 You will immediately upon become aware of any fault in the Service report this to Us by e-mail at; customer service@aka.net or by telephone on the number published at www.akainternet.co.uk
8.2 You acknowledge that occasionally We and/ or Our Carrier may have to temporary interrupt the Service or change the specification of the Service for operational reasons or because of an emergency. In these circumstances, you will have no claim against Us for any such interruption or change. You will still be liable for your obligations under this Agreement

9. Change of Carrier

9.1 You acknowledge that for commercial operational or other reasons or it may be necessary to change the Carrier of the Services. If this happens we shall use our reasonable endeavours to ensure any disruption to the ongoing supply of the Services to You is minimal.