1 In these Conditions:

“the Services” are as listed on the front hereof and are explained in the current Clues Communications brochure.

“We” are Clues Communications Limited t/a CCOM Internet Services

“You” are the Subscriber referred to on the front hereof.

Supply Agreement

2.
(a) All orders for Services shall be deemed to be an offer by you to subscribe to the services pursuant to these Terms and Conditions.

(b) Any variation to these Terms and Conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by us.

Using the Service

3.
(a) In order to use the Service you will be given a password and user name, which may be changed on written notice. This password and user name may only be used by members of your household or for business users, your members of staff provided there is only one connection at any time.

(b) You must have the correct computer and telecommunications equipment, which you are obliged to provide at your own cost. We will provide the relevant specification in our current brochure.

(c) For Business Web Site services we will provide a Virtual Web Server which will be identified by a domain name agreed with us.. Internet users will gain access to your site using a suitable web browser. You may access your site for the purpose of publishing using methods described in our current brochure.

(d) Where we register or administer a Domain Name we are acting on your behalf in all dealings with the Registration Body. You are bound by the Terms and Conditions of the Registration body. You authorise us to administer the said Domain. We charge a fee for our services in addition to the fees due to the Registration Body, which is included in our charges to you.

Service Levels

4. We undertake to use our best endeavours to maintain the Services whilst you remain a subscriber. You agree that we cannot accept responsibility for your computer equipment and telecommunications equipment, which you use to access the Services. In the event that any of the Services are unavailable due to circumstances beyond our control for a continuous period of more than 30 days, you will be entitled to terminate your Agreement with us and to obtain a refund for the period of unavailability. We do not undertake to maintain any site or address other than our own.

Intellectual Property

5. Where we provide design services e.g. web site design all Intellectual Property Rights including copyright lie with Clues Communications Ltd. We will not waive our rights.

Charges

6.
(a) Our Charges are as set out on the front hereof subject to variation by us on 30 days’ written notice.

(b) The Charges are exclusive of VAT, which shall be due at the rate ruling on the date for payment.

(c) Payment of the Charges and VAT is due in advance of the period of use. The amount payable shall be due in full on the first day of each payment period as set out on the front hereof.

(d) Payment may be made by cleared cheque, credit or debit card or standing order. If you wish to pay by regular standing order we will require your first payment to be made by credit card, debit card or cheque.

(e) Interest on overdue payments shall accrue from the date when payment becomes due and from day to day until the date of payment at a rate of 4% above Barclays Bank Plc base rate. If any Charges remain overdue for more than 7 days we reserve the right to terminate or suspend your access to the Services. There will be a reconnection fee if you are disconnected for late payment, the amount of which we will quote on request.

Termination and Suspension

7.
(a) In addition to our right to terminate for non payment under clause 5 above, we may terminate your access to the Services if you allow the unauthorised use of your password or user name or if you persistently abuse the Services or if you publish, display, transmit or advertise any material which may be defamatory, offensive, abusive, obscene, pornographic or illegal, or which may be in breach of copyrights, trademarks, design rights and/or other intellectual property rights wherever protected around the world. You agree that if we decide to terminate pursuant to this provision, we may do so in our absolute discretion given that laws and morality differ from country to country and we will exercise our discretion without prejudice to your obligations under clause 7 below. If we do so you will not be entitled to any refund of our Charges and we will not be obliged to give our reasoning.

(b) The Services have a finite capacity and can be abused or put at risk by certain forms of use. If we believe that you are abusing the capacity of the Service, we may in our sole discretion suspend your right to access.

(c) Either party may terminate at the end of each payment period on giving written notice or by e-mail.

Liability

8.
(a) You agree that we shall not be liable for any losses suffered by you, your servants or agents as a result of your use of the Services or any failure on the part of the Services at any time save for death or personal injury caused by our negligence.

(b) You agree to indemnify and hold us, our servants and agents harmless from and against all and any liability and costs incurred by us arising as a result of your using the service, including any legal costs incurred by us in defending the same.

Data Protection

9. You must comply with the UK Data Protection legislation including the requirement to register (where appropriate) under the Data Protection Acts. You must also comply with the UK Data Protection principles. We will retain the information that you provide to us about you and your household, and use that information for our own purposes and for enabling other goods and services to be offered to you by other companies. If you do not wish us to use the information in this way, please indicate on the front hereof.

Governing Law and Jurisdiction

10. These Terms and Conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English courts.