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Terms and Conditions
Service Terms & Conditions
Please read these Terms and Conditions carefully as they deal with many important issues related to the wireless broadband service and your ("You"/Your") rights and obligations.
You will be asked to sign at the bottom before You enter into this agreement with us and by doing so You agree to be bound by these Terms and Conditions. If You have any questions regarding these Terms and Conditions before You do so then You can contact us as set out at clause 11 below.
The wireless broadband service is provided to You by Employment Café Limited, trading as the Employment Café, Company 4713025; Registered in England and Wales at 64 Railton Road, London SE24 0FL. Further contact details are set out in clause 11 below.
These Terms and Conditions were last updated on 29 November 2006.
Definitions
The Service and Our Responsibilities to You
Your use of the Service and Your Responsibilities
Prohibited Use of the Service
Your Obligation to Compensate Us
Privacy and Personal Data
The Contract Period and Your Cancellation Right
Payments and Fees
Installation and Configuration
Limits on Our Liability to You
Termination
What Happens on Termination?
General
Definitions
"Agreement" the Order Form and these Terms and Conditions;
"Commitment Period" the length of time for which You are committed to receive the Service as specified in the Order Form; "Content" any still picture, series of moving images, music, data, information, and/or other material, goods or services that may be accessed or sent through the Service;
"Designated User" those other persons whom You have registered to be issued with separate usernames for login and passwords to access the Service;
"Fees" the fees for the provision of Service Provisioning Equipment, Software, installation (where relevant), Service, storage and any other relevant fees and charges current from time to time as specified in the Order Form or these Terms and Conditions (all Fees are quoted inclusive of VAT);
"Order Form" means:
where You register with us, the details given to You by us before You register for the Service and confirmed to You in writing;
"Service" the wireless broadband service as described in the Order Form or any substitute service wireless broadband service You apply for which is accepted by Us;
"Software" software which is supplied to You to access the Service;
“We/Our/Us" Employment Café Limited, trading as the Employment Café, Company 4713025; Registered in England and Wales at 64 Railton Road, London SE24 0FL; and
“You/Your" the person with whom We are entering into the Agreement as specified in the Order Form.
1. The Service and Our Responsibilities to You
1.1 We will provide You with:
1.1.1 the Service; and
1.1.2 username for login and password(s) required to access the Service.
1.2 We also hereby grant to You and Designated Users a non-exclusive and non-transferable licence to store, run and use the Software on Your computer or a Designated User's computer for personal use provided that You comply with these Terms and Conditions and the terms of any additional software licence that may accompany the Software.
1.3 We are constantly looking for ways to improve the services that We provide to Our customers. It is possible therefore that changes may be made to these Terms and Conditions, to the Service or to the Fees from time to time. Any such changes will always be posted on Our website and, where significant changes have been made, notified to You by email as soon as possible. Your attention is drawn to Your right of termination as detailed in clause 8 below.
1.4 Sometimes it is necessary for Us to suspend the Service in order to carry out necessary system maintenance, upgrading and/or repairs. This means that there will be a maintenance window between 11pm-1am every night, during which You will not be able to access the Internet. We will try Our best to ensure that any other suspensions are notified to You in advance or are limited to short periods of time when usage of the Service is low, unfortunately, this will not always be possible and on occasions such suspensions may be beyond Our control.
2. Your Use of the Service and Your Responsibilities
2.1 You agree that:
2.1.1 You are responsible for maintaining the confidentiality of Your Service password, login and user names and are responsible for all activities that occur under them. You agree to safeguard these and not to let any person other than a Designated Person use them to access the Service. We do not have the means to constantly monitor the identity of those using the Service and therefore We will not be liable where Your password, Username or Login are used by someone else.
2.1.2 You will notify Us immediately of any unauthorised use of Your password or login or any other breach of security when You become aware of it.
2.1.3 In relation to any Content which You or a Designated User uploads to the Service, You and/or such Designated User will be deemed to have granted to Us an ongoing and free licence that cannot be withdrawn to copy, distribute, publish and transmit such content as is necessary for the operation of the Service.
2.2 You also agree that You will pay Us all Fees (see clause 5 for details).
Prohibited Use of the Service
2.3 You agree that neither You nor any Designated User shall in using the Service or distributing or otherwise using Content:
2.3.1 say or do anything that would cause annoyance, inconvenience, harassment or anxiety to others;
2.3.2 advertise or promote third party or Your own products or services or other information by way of the distribution of 'spam' mail;
2.3.3 use foul, threatening, offensive language, or sexually explicit language;
2.3.4 make insulting remarks to or about other persons;
2.3.5 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
2.3.6 impersonate Us, another Service user or other person;
2.3.7 knowingly or recklessly transfer files that contain viruses, trojans or other harmful programs;
2.3.8 use the Service to conduct any fraudulent or illegal activity including, without limitation, any "pyramid scheme"; "ponzi scheme" or "chain letter";
2.3.9 access or attempt to access the accounts of other Service users or to penetrate or attempt to penetrate Our security measures or systems or those of other persons;
2.3.10 attempt to or actually alter, modify, adapt or translate the Software nor decompile, disassemble or reverse engineer the Software unless permitted by law.
2.4 Where You or a Designated User does anything that is prohibited by these Terms and Conditions (or fails to take action where required to do so) then We may take any or all of the following action at Our discretion:
2.4.1 although it is not Our policy to exercise editorial control over or to edit or amend Content before it is transmitted or made available through the Service, We may remove any Content or other material that, in Our sole discretion, may be inappropriate or We suspect to be illegal, may subject Us to liability, damage Our reputation or which may violate these Terms and Conditions or where We are required to do so by law;
2.4.2 issue You and/or Designated Users with verbal or written warnings or take such further action as We deem appropriate under these Terms and Conditions if such warnings are not heeded;
2.4.3 suspend or terminate Your and/or a Designated User's access to the Service without notice at any time;
2.4.4 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
2.4.5 bring legal action against You or a Designated User or other user of the Service in relation to any breach of these Terms and Conditions or any illegal or suspected illegal activity.
Your Obligation to Compensate Us
2.5. You agree to compensate Us against any action, liability, cost, claim, loss, damage, proceeding, and/or expense (including legal costs) which We may incur as a result of Your or a Designated User's breach of these Terms and Conditions.
3. Privacy and Personal Data
3.1 Your personal data will be used, processed and stored in compliance with the Data Protection Act 1998. For details on Our policies go to Our Privacy Policy or click here.
3.2 You acknowledge that We may in the course of investigating any complaints or potential breaches of these Terms and Conditions or where required by law or regulation, access, monitor, store or copy Content or other material sent by or to You or a Designated User without further notice to You or that Designated User.
4. The Contract Period and Your Cancellation Right
4.1 Where You register online We start processing Your order for the Service the next working day after You click to submit Your order for the Service, or where you register with Our customer service helpdesk or an authorised salesperson, when You instruct that person to submit Your Order for the Service, and therefore this Agreement will commence as soon as You do so. The Agreement and provision of the Service will continue from this date for the Commitment Period and continue automatically after the end of this Commitment Period until it is terminated under any of the circumstances set out in clause 8. This is subject to Your right of cancellation which is explained in the next clause.
4.2 From the date You submit Your order for the Service Your contract with Us will commence and Your order will be processed immediately. Your Order Form will specify to You a cancellation period during which time you can contact Us by phoning the Customer Support Helpline set out at clause 10 below to cancel this Agreement and the Service.
4.3 Where You cancel during the specified cancellation period set out in clause 4.2, You will be entitled to a full refund of all Fees paid by You to Us.
5. Payments and Fees
5.1 You have registered with Us setting out the Fees that You owe to Us. You will be invoiced in advance for the Service and all other Fees. You must pay the amount set out on the invoice in full.
5.2 If You have any questions regarding a payment or if You consider that it may be incorrect, let Us know as soon as possible (see clause 11 below). Please note, however, that You are not entitled to any refund or deduction of Fees for any period in which the Service is unavailable for any of the reasons set out in clauses 1.4, 2.4 and 7 or where You are in breach of these Terms and Conditions.
6. Installation and Configuration
6.1 Before You can use the Service, You must activate the Service (in accordance with the instructions provided to You). The configuration and installation activities and the provision of the Service under this Agreement are subject to Your personal computer meeting basic requirements for configuration as specified in the Order Form. We cannot be responsible for any damage that may arise or any failing of the Service where You do not meet such requirements or do not follow these instructions.
6.2 If You notify Us by phoning Our customer helpdesk at the number set out in Clause 10 that You require Us to assist in the installation of the Software, You agree:
6.2.1 that Our agents may configure Your personal computer to allow access to the Service and install the relevant Software and that You have the right to grant Us such access;
6.2.2 that You are responsible prior to such to back-up data on Your personal computer and inform Us if any reconfiguration or installation by Us is likely to invalidate any support arrangements or other functions of Your personal computer;
6.2.3 that We reserve the right not to configure Your personal computer or install the related Software as We deem appropriate and at Our discretion;
6.2.4 that We will not be liable for any loss or damage (including loss of data) suffered by You or any other person arising directly or indirectly from Our configuration or installation activities and that is not attributable to Our negligence or a failure on Our part to provide a reasonable standard of service.
7. Limits on Our Liability to You
7.1 We shall not be liable for any failure, suspension, or termination of access to the Site or any Content arising out of a force majeure event. A "force majeure event" means an event that is outside of Our control including, without limitation, failure of infrastructure, government intervention, wars, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.
7.2 Although We will of course uphold Your statutory rights at all times (including Your right to receive a reasonable standard of service), We cannot give any promise as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through the Service or any Content.
7.3 Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We cannot promise that the Service will be available uninterrupted and in a fully operating condition. Because We are not responsible for the Content, We will not be liable for any damage or offence that may be caused to You or Designated Users arising from such Content.
7.4 We will not be liable for any damages, including indirect or consequential losses that were not contemplated by Us prior to Your use of the Service and whether in contract, tort or otherwise, arising in connection with a breach of these Terms and Conditions by You or a Designated User or other Service user or that is not directly attributable to Our negligence. Where We are liable for direct loss this will be limited to a maximum of the total price of the Fees paid or payable for the Commitment Period.
7.5 Nothing in these Terms and Conditions of Use shall exclude or limit Our liability for fraudulent misrepresentation or, for death or personal injury caused by Our negligence.
8. Termination
8.1 Unless otherwise specified in the Order Form, We may terminate this Agreement at any time by giving at least one week's notice to You or immediately by notice to You if You breach any of the Terms and Conditions of this Agreement or where We are required to do so by law.
8.2 In addition to Your right to cancel the Agreement as explained to You in clause 4 above, You may terminate this Agreement by calling our Customer Support Helpline at the number set out in clause 11 in the following situations:
8.2.1 by giving Us seven days notice if We increase the Fees or otherwise notify You of changes to this Agreement in a way that limits Your rights; or
8.2.2 at any time where You wish to apply for a substitute broadband service offered by Us. If Your application is accepted the existing Agreement will be terminated and a new Agreement will be automatically entered into on the terms of the new Order Form You will be asked to complete. The Commitment Period specified in the new Order Form will apply and thereafter, a reference to “Agreement", “Order Form", and “Service" shall be construed to refer to the substitute broadband service You have applied for which has been accepted by Us.
What happens on Termination?
8.3 If this Agreement terminates for whatever reason, on such termination:
8.3.1 all licences, rights and privileges granted to You under the terms of this Agreement shall cease;
8.3.2 if You have paid any Fees in advance for the period after the Commitment Period, We will either repay these Fees or apply them towards any money owing from You.
9. General
Assignment/Transferring this Agreement to another Person
9.1 We may appoint agents, assign or sub-contract the whole or any part of Our rights and/or obligations contained in this Agreement to any person at any time. If any Term or Condition of this Agreement becomes or is declared illegal, invalid or unenforceable for any reason, such Term and/or Condition will be deleted without effect to the remainder of this Agreement. You may not assign or otherwise transfer any of Your rights or obligations under this Agreement
. Third Party Rights
9.2 This Agreement does not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 which means that a person who is not a party to this Agreement including, but not limited to any Designated User, will not have any rights under it.
Law Governing this Agreement
9.3 This Agreement is governed by and interpreted in accordance with the laws of England. Disputes arising in connection with these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Severing Terms from this Agreement
9.4 If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent that such term is illegal, invalid or unenforceable, it shall be removed and deleted from these Terms and Conditions and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
10. Contact Details
Employment Café Ltd
64 Railton Road
London
SE24 0LF
Tel. No: 020 7733 8878 / Fax No: 020 7733 8878
Website: www.employment-café.co.uk
E-mail: info@employment-café.co.uk
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