AGREEMENT - (i) Unless it is otherwise agreed in writing, these Terms & Conditions apply to all agreements between Evolved Business Support Limited, (hereinafter referred to as 'the Service Provider') for the provision of all services including but not limited to Internet access, electronic mail, web space, and web sites (hereinafter referred to as 'the Service') to any individual or organisation (hereinafter referred to as 'the Subscriber) who shall be legally bound by them. (ii) All other conditions, requirements, declarations, statements, undertakings, obligations, and warranties of the Subscriber or Service Provider and all duties of care and all liabilities (if any) of the same arising therefore are hereby wholly excluded. (iii) The Service Provider reserves the right to modify these Terms & Conditions and the services provided at its own discretion and shall inform the Subscriber of such modifications via e-mail, (Terms and Conditions currently in force will be displayed on the Service Providers Website (https://www.evolvedbusinesssupport.com). Any objections to said modifications must be indicated to the Service Provider within 30 days of notification, at which time, in the absence of such notification, the modifications become binding on both parties.
PRICE VARIATIONS AND QUOTATIONS - (i) All price quotations for Internet services may be modified as per 1(iii) above. The Service Provider shall not be held to any price quoted over the telephone or verbally by any salesperson or other representative of the Service Provider unless such information is confirmed in writing by the Service Provider. (ii) Where the Subscriber requests exceptional provision of service, an extra charge may be made to cover any overtime or any additional costs involved. TAX - The Service Provider reserves the right to charge any value added tax (VAT) payable whether or not included on the quotation or invoice.
PRELIMINARY WORK - Any advance work carried out, whether experimental or otherwise, at a Subscriber or prospective Subscriber's request, shall unless otherwise agreed in writing, and at the Service Providers discretion, be charged for at the appropriate rate.
LIABILITY - (i) Whilst the Service Provider will endeavour to provide a prompt and continuing service to the best of its ability, the Service Provider shall not be liable for any losses (including loss of data) resulting from non-deliveries, delays, missed deliveries, or service interruptions caused by events beyond its control, or by errors instigated by the Subscriber.
ILLEGAL MATTER - The Subscriber acknowledges that they may only use the service for lawful purposes. The subscriber warrants that they shall not knowingly use the service to receive or transmit material that is obscene, menacing, offensive, threatening, defamatory, in breach of confidence, in breach of any intellectual property right, or otherwise unlawful. Any breach of these obligations shall entitle the Service Provider to immediately terminate the service to the Subscriber. The Service Provider shall be indemnified by the Subscriber in respect of any claims, costs and expenses arising from any libellous matter or infringement of copyright, patent, design or any other proprietary or personal rights contained in any material produced for or published by the Subscriber. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim and the costs of such advice.
COPYRIGHT - (i) All content of the service provided directly by the Service Provider is protected as a collective work under applicable copyright law. The copying, redistribution, or publication by a Subscriber of any such content or any part of the service is prohibited, except as expressly provided in these Terms & Conditions. (ii) Each subscriber who places information, software or other content, in the public areas of the Service grants the Service Provider the right to edit, copy, publish, distribute, translate and otherwise use in connection with the service, such information, software or other content.
RESTRICTIONS OF USE - (i) The subscriber shall not publish to the Service (or send via electronic mail) any material that contains advertising, or which promotes any solicitation of goods and services for commercial purposes without the express permission of the Service Provider. This shall not be interpreted to restrict the Subscriber from utilising the Service in the normal course of business, only that the subscriber may not without the approval of the Service Provider send/publish unsolicited advertising or promotional material. The Service Provider shall be entitled to assign its Contract with the Subscriber either in whole or in part. The Subscriber shall not be entitled to assign, re-sell, sub-lease or any other way transfer in whole or part its Contract with the Service Provider.
TERMINATION OF SERVICE - (i) The Service provider may elect to suspend service immediately on breach of any of these Terms & Conditions, including without limitation late or non-payment of sums due. (ii) Should the subscriber wish to cancel the contract before the contract term stated on the face of the order has elapsed, then the remaining monthly payments shall become payable immediately. (iii) After the term of the contract has completed, subscriptions to the Service Provider may be terminated by the Subscriber at any time provided a month’s notice is given to the Service Provider. The Service Provider shall be under no liability if it is unable to carry out any of the agreed services due to reason or reasons beyond its control, Acts of God, Changes in Legislation, War, Revolution, Fire, Flood, Drought, Failure of Power Supply, Lock-outs, Strikes or other action taken by employees in contemplation or furtherance of a dispute or owing to the ability to procure material required for the performance of such.
