surefish.co.uk terms and conditions
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Terms and conditions
These Terms and Conditions apply to the Agreement for the provision of Internet Access Services, Customer Support and related services (the "Services") by Christian Aid Trading Ltd, Interchurch House, 35 - 41 Lower Marsh, Waterloo, London SE1 7RG, to you and the use by you of the surefish.co.uk website ("Site").
By completing the Registration Form you agree to deal with us on these Terms and Conditions.
These Terms and Conditions may be amended or replaced by us from time to time. It is your responsibility to ensure that you become aware of such changes, which will take effect when posted on the Site, by regularly checking the latest version of the Terms and Conditions displayed on the Site. You will be notified of any such alteration by email at least three weeks before the new Terms and Conditions come into effect.
Your continued use of the Site and Services after the replacement or amendment of any part of these Terms or Conditions constitutes your acceptance of the relevant updated Terms and Conditions.
These Terms and Conditions Consist of:
A. Definitions in this Agreement
B. What surefish.co.uk will do
C. Conditions of Use
D. What you will do
E. What you will not do
F. No warranty
G. Liability
H. Variation of content
I. Variation of Service
J. Data protection
K. Submissions
L. Payment
M. Termination
N. Effect of Termination
O. Software Licence
P. Email and mailbox usage
Q. Invalidity
R. Force Majeure
S. Governing law
T. Notices
U. No Waiver
V. Assignment
W. Entire agreement
Schedule 1 - surefish.co.uk Privacy Policy
Schedule 2 - DSL Network Access
Schedule 3 - Flat Rate Network Access
Schedule 4 – Wireless Broadband Service
A. Definitions in this Agreement
1. "Access Equipment" means any hardware or device required to connect your computer to the Internet via the Surefish.co.uk network which you purchase from the Site;
2. "Agreement" means these Terms and Conditions, the Schedules to these Terms and Conditions, the Price List and the Registration Form;
3. "Acceptable Use Policy" means the Surefish.co.uk acceptable use policy as may be modified and posted on the Site from time to time.
4. "BT / Subcontractor" means British Telecommunications Plc or such other subcontractor as we may from time to time contract with;
5. "Charges" means any and all charges payable by you for the Services ("Service Charges") and charges for goods or services purchased from the Site. All charges quoted are inclusive of VAT unless otherwise stated;
6. "Customer Support" means support of the Internet Access Services provided by the Surefish.co.uk call centre;
7. "DSL Connection" means Digital Subscriber Line connection to the internet which uses your existing telephone line supplied by BT / Subcontractor;
8. "Initial Term" means the minimum term that an agreement for the provision of Services may be entered into as displayed on the Site;
9. "Internet" means the global data network comprising interconnected networks using Transmission Control Protocol/Internet Protocol;
10. "Internet Access Services" means the provision of access to the Site ("Basic Access") together with one of the following components, enabling broader Internet access, as available, and selected by you during registration:
a. Pay-as-you-Go-Service: the provision of direct access to the Internet via the telecommunications network charged on a pence per minute basis;
b. Flat-rate Service: the provision of direct access to the Internet via the telecommunications network charged on a monthly subscription basis;
c. Broadband Service: the provision of direct access to the Internet via the telecommunications network using a DSL Connection, charged on a monthly subscription basis;
d. Wireless Broadband Service: the provision of direct access to the Internet via the telecommunications network using a DSL Connection and Wireless access point, charged on a monthly subscription basis;
11. "Online Payment Facility" means the secure online credit/debit card and Direct Debit payment system or such alternative payment system or method as deemed suitable by Surefish.co.uk from time to time;
12. "Payment Period" means the month for which you have paid in advance for subscription to an Internet Access Service;
13. “Price List” means the package prices as displayed on the Site;
14. “Privacy Policy” means the Surefish.co.uk privacy policy set out at schedule 1
15. "Registration Form" means the registration form displayed on the Site and completed by you during registration for the Services;
16. 14. "Server" means the Surefish.co.uk server on which the Site is hosted and any other server to which the Site is linked;
17. "Service Announcements" means email bulletins which contain important information on the provision or price of, or changes to the Services, changes to these Terms and Conditions, or any information which may affect your ability to use the Services or relate to the Services;
18. "Subscription" means regular payments made by you for the ongoing use of one of the Internet Access Services;
19. "Surefish.co.uk", "we" or "us" means Christian Aid Trading Limited registered company number 1001742 acting directly or through its authorised agents;
20. "Software" means any software provided by Surefish.co.uk to enable you to access the Site through the Server;
21. "Term" means the period of the Agreement from the date that we accept your Registration Form until termination of this Agreement in accordance with clause M of these Terms and Conditions;
22. "Working Day" means any day of the week other than a Saturday, Sunday or English public holiday;
23. "you" and "your" means the customer who has completed the Registration Form and any person who we reasonably believe is acting with your knowledge or consent or to whom you have (negligently or otherwise) allowed access to your password and user name, and for whom the customer will be liable.
B. What surefish.co.uk will do
Surefish.co.uk shall:
1. provide the Services using reasonable care and skill;
2. provide the Software;
3. handle any personal information you may supply to us in relation to the Services in accordance with the Surefish.co.uk Privacy Policy which is incorporated into this agreement as schedule 1.
C. Conditions of Use
1. Surefish.co.uk may (but is not obliged to) monitor and inspect and retain any content, communications or materials in your files, emails or postings on the Site to ensure compliance with this Agreement or any laws, regulations or codes. In the event of any breach or purported breach, we may permit the police or other relevant authority to inspect any such material, content or communications.
2. Surefish.co.uk reserves the right to email Service Announcements to you as part of the Service.
3. Your access to the Service is subject at all times to our right to terminate under the provisions of clause M below.
4. The Software and the Services are provided subject to the condition that there will be no abuse or fraudulent use of these. Abuse or fraudulent use shall include (but not be limited to):
a. obtaining, or attempting to obtain, the Services by rearranging, tampering with, or making connection with any facilities of Surefish.co.uk, or by any trick, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatever, with intent to avoid payment, in whole or in part, of the usual charges for the Services;
b. attempting to, or actually obtaining, accessing, altering or destroying the data, files, programs, procedures and/or information of Surefish.co.uk or of another user of the Services;
c. assisting anyone to perform the acts prohibited by (a) and (b) of this clause;
d. using the Software or Services in such a manner as to interfere unreasonably with the use of the Services by any other user or unauthorised person.
5. You accept that:
a. neither the Internet nor the Server is secure and accordingly Surefish.co.uk cannot guarantee the privacy of any of your information;
b. any information, facilities, goods or services provided in connection with the Services or on the Site, may be subject to different consumer protection and other legislation than that applicable in your country of use and that you transact entirely at your own risk;
c. in the case of Broadband Service or Flat-rate Service, Surefish.co.uk's provision of the Services is dependent upon BT / Subcontractor providing certain parts of the Services to us. There may be technical limitations that inhibit the activation or provision of the Services and the speed of the Services may be reduced or the Services may be unavailable at times due to the volume of users trying to access the Internet through our access link or that of BT / Subcontractor.
D. What you will do:
You shall:
1. be responsible for obtaining and maintaining interoperability between your PC, modem, any other hardware, software or other equipment necessary to enable you to use the Services and the public telephone service which enables access to the Services;
2. Any payment information provided to the Online Payment Facility must be accurate, complete and up to date and given by a person with the authority to provide such information;
3. if you subscribe for the Flat-rate Service, provide Surefish.co.uk with your calling line identity ("CLI") when requested by Surefish.co.uk;
4. if you subscribe for Flat-rate Service, Broadband Service or Wireless Broadband Service, continue to subscribe to the BT / Subcontractor line that the Services are provisioned upon. If the BT / Subcontractor service is unavailable for any reason, including non-payment or cancellation of the BT / Subcontractor service, then the Internet Access Services and the Services will not be available;
5. only access and use the Software, Site and Services (or any part of these), including connection of your computer system to the Server, in accordance with these Terms and Conditions and in accordance with and subject at all times to all applicable laws and regulations anywhere subsisting in the world. We reserve the right without notice at any time and at our sole discretion to suspend or discontinue your access to or use of the Services and Site in the event that such access or use would be unlawful under any applicable law or regulations anywhere subsisting in the world;
6. be responsible for the content of and all information contained in your communications to the Site, any other user of the Internet or Surefish.co.uk, including the lawfulness, truthfulness, decency and accuracy of such communications. You are also solely responsible for the use to which you put all information, data and results from the Site;
7. keep all back ups of your data;
8. use an up to date virus scanning programme on all material downloaded from the Internet;
9. maintain as confidential all login names, passwords and other identifiers relating to access to the Services;
10. follow all reasonable instructions and technical procedures of Surefish.co.uk in relation to the access and use of the Services;
11. use the Services and the Site (or any part of these) in compliance with any policies, notices, disclaimers or rules published by us on the Site, including the Acceptable Use Policy.
E. What you will not do:
You shall not use the Services:
1. to commit or encourage a criminal offence;
2. to send or proactively receive, upload, download, use or re-use any material which we may believe is offensive, abusive, indecent, obscene or menacing, or in breach of any law, convention, code or regulation applicable to the Internet in the country of provision or use of the Services or receipt of the material including in relation to (without limitation) breach of confidence, infringement of copyright and other intellectual property rights, privacy, defamation, theft, fraud, drug-trafficking, money laundering and terrorism;
3. to do anything which is contrary to accepted Internet standards of proper behaviour or the acceptable use policies of any linked websites when using such websites;
4.to insert or knowingly or recklessly transmit or distribute a virus, worm, Trojan horse, cancelbot or other destructive or contaminating program;
5. to seek unauthorised entry into any computer system, software or back office;
6. to engage in hacking or other related activities;
7. to corrupt, maliciously delete or alter any data;
8. to invade the privacy of, cause annoyance, inconvenience, or needless anxiety to other users of the Services or any other person including by sending unsolicited emails or promotional material ("spamming");
9. to use any domain name or mailbox name on the Server so as to infringe upon the rights of any other person whether in statute or common law, in a corresponding trade mark or name;
10. to send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities;
11.to tamper with routing and domain name services to impersonate any person or entity or otherwise falsely state or otherwise misrepresent your affiliation with a person or entity;
12. to employ a misleading email address or name or falsify information in the header, footer, return path or any part of any communication;
13. use the Services in a manner which we in our discretion consider excessive.
You shall not:
14. circumvent, or attempt to seek to circumvent, disable or compromise, any of the security safeguards of Surefish.co.uk or any of its suppliers;
15. hold Surefish.co.uk or any of its third party contractors liable in relation to the accuracy, reliability, availability and performance of resources accessed through the Internet all of which, you acknowledge, are beyond the control and are not in any way warranted or supported by Surefish.co.uk or its third party contractors;
16. use the Service or access or use the Site in a way that does not comply with the terms of any applicable legislation, regulation or licence or that is in any way unlawful or in our opinion may have an adverse effect on the Site;
17. unless expressly authorised by Surefish.co.uk re-sell or attempt to re-sell any of the Services to any third party or use the Services other than for your personal use, and you acknowledge that Surefish.co.uk shall not in any way whatsoever be liable to you or to any third party for any business losses (including without limitation any loss of profits, business or anticipated savings or for any destruction of data) suffered in any way whatsoever by you or any third party;
18. directly or indirectly act or omit to act in any way which may infringe, damage, or endanger any intellectual property rights (or any goodwill attaching thereto) which may now or in the future subsist in any part of the world of us or any third party;
19. transfer, assign, distribute, rent, sub-license or lease any Software or documentation provided by us;
20. allow simultaneous access to the Services using the same log-in, nor connect an IP router, any computer capable of IT routing or use any other means for connecting more than one machine on a "Local Area Network" to the Services;
21. permit any third party to do any of the above.
F. No warranty
1. YOU ACCEPT THAT SUREFISH.CO.UK PROVIDES THE SERVICES AND THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUBJECT TO CLAUSE G, SUREFISH.CO.UK MAKES NO REPRESENTATIONS AND GIVES NO WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) WITH RESPECT TO THE CONDITION, QUALITY, PERFORMANCE, ACCURACY, SUITABILITY, FITNESS FOR PURPOSE, COMPLETENESS, FREEDOM FROM VIRUSES, ERRORS AND OTHER DELETERIOUS PROGRAMS OR RELIABILITY OF ANY OF THE SOFTWARE, SERVICES OR SITE, THE CONTENT CONTAINED IN THE SITE (INCLUDING ANY TEXT, GRAPHICS, ADVERTISEMENTS, LINKS OR OTHER ITEM), THE SERVICES OR ANY SOFTWARE OR CONTENT SUPPLIED TO YOU AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
2. Surefish.co.uk will use its reasonable endeavours to maintain a 24 hour Internet presence every day for its customers but cannot guarantee continuous, error-free or uninterrupted use of the Services. Surefish.co.uk does not have control over the Internet which is a global decentralised network of computer systems. We reserve the right to suspend the Services, without liability to you or any other person, to carry out routine maintenance, repairs, reconfigurations or upgrades or in circumstances beyond our reasonable control. In the event of suspension of the Services for any period of time, we will endeavour to resume provision of the Services as soon as reasonably and practicably possible. You accept that this shall be your exclusive right in the event of failure or suspension of the Services during the Term.
3. You accept that the display of goods and/or services and related prices on the Site do not constitute offers from us or from third parties. Such displays are invitations for you to make an offer to purchase the goods and/or services. Where goods and/or services are to be supplied by a third party other than Surefish.co.uk. the terms and conditions of that third party apply to the transaction and you should read these before entering into the transaction.
4. We may provide links, including hypertext links, from our Site to other websites, resources, advertisements or sponsorships, either directly or indirectly through third parties, which are not under our control. Information contained on the Site which has been provided by third parties and/or information on any other website which is accessed via the Site has not been independently verified by Surefish.co.uk. We accept no responsibility for use of these links and do not endorse the contents of any linked sites and we shall have no liability to you for any failure on the part of the operator of the linked site or any of its suppliers to fulfil any obligation owed to you or for any defective or deficient product or service any of them might supply to you. Should a dispute arise between you and any third party due to use of the Site, we will use reasonable endeavours to assist its resolution but we will not be responsible for any loss or damage suffered as a result. If you decide to access other websites, you do so completely at your own risk.
5. You accept that you are solely responsible for the use to which you put the Service, (which use shall for the avoidance of doubt be limited solely to a personal use, excluding any and all business users), and all information, data and results you obtain from using it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
G. Liability
1. SAVE IN RESPECT OF LIABILITY FOR DEATH OR PERSONAL INJURY ARISING OUT OF OUR NEGLIGENCE, SUREFISH.CO.UK HEREBY DISCLAIMS AND EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER AND HOWSOEVER INCURRED INCLUDING ANY DIRECT OR INDIRECT CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE INCLUDING (WITHOUT LIMITATION) ANY DAMAGE TO GOODWILL OR PROFITS OR ANY LOSS OF ANTICIPATED SAVINGS INCURRED BY YOU, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, AND ARISING OUT OF OR IN RELATION TO OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR ANY SOFTWARE OR CONTENT SUPPLIED TO YOU IN CONNECTION WITH THE SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF SUREFISH.CO.UK OR ITS EMPLOYEES OR AGENTS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
2. Surefish.co.uk shall not be liable to you in contract, tort (including negligence) or otherwise for the acts or omissions of any third parties, or faults or failures in such third parties' equipment, who provide you with products or services required to use the Services including (without limitation) domain name registration authorities, and persons (whether recommended or endorsed by Surefish.co.uk) with whom you enter into any transaction for goods or services on the site.
3. We shall be liable to you for any direct physical damage to you or your property to the extent that it results from our negligence up to a maximum of £10,000 in respect of any one event or series of related events or up to a maximum of £10,000 for any series of unrelated events which takes place within a single calendar year except in death or personal injury in which case our liabilities shall not be limited.
4. Subject to clauses G(1), G(2) and G(3), Surefish.co.uk's maximum aggregate liability to you of any kind arising under this Agreement shall be limited in respect of any incident or series of related incidents to an amount equal to the set-up fee specified in the Price List and the Service Charges paid for the period in which the loss (or losses) occurred.
5. Surefish.co.uk is not responsible to you for the deliberate or accidental unauthorised access, alteration, theft or destruction by any third party of your emails, files, programmes, or data.
6. Surefish.co.uk will not be responsible to you if changes to any of the Services, Software, operations or procedures affect the performance, or require its modification or alteration of, any part of your computer system.
7. You shall indemnify and keep indemnified at all times Surefish.co.uk from and against all losses, liabilities, demands, damages, costs, expenses, actions and claims (including legal and other fees and disbursements) suffered or incurred by Surefish.co.uk and/or its employees and/or agents and/or its contractors arising out of or in connection with any breach by you of the Agreement, any access, use or mis-use of the Services by you or any other person whom you could reasonably have foreseen could gain access to the Services using your login names, passwords or other identifiers.
H. Variation of content
Surefish.co.uk reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content supplied in connection with the Services or which appears on any part of the Site.
I. Variation of Service
Surefish.co.uk reserves the right in its absolute discretion, to make any technical, operational or other amendment or variation to the Service at any time. Surefish.co.uk shall notify you as soon as possible of any change to the Service by sending a Service Announcement.
J. Data protection
The privacy of your information is very important to us. Our Privacy Policy in Schedule 1 sets out how we will use any of the information you provide.
K. Submissions
1. Information and material published on your personal webspace area of the Site shall (as between you and Surefish.co.uk) be owned by you. You hereby grant to Surefish.co.uk a royalty-free, irrevocable licence to copy and distribute such information and material to the extent necessary to allow Surefish.co.uk to make the same available via the Services or as required by law or for use in any legal proceedings.
2. All information and material submitted to and accepted by Surefish.co.uk via the Site by way of user reviews shall be deemed to be and shall remain the property of Surefish.co.uk. Surefish.co.uk shall be free to use, edit, copy, republish and distribute (for any purpose) any such information and material, and you will not submit any such content unless you are able to grant this right. Surefish.co.uk shall not be subject to any obligations of confidence regarding such information or materials except as required by law and made known to us by you.
L. Payment
1. The Service Charges are set out in the Price List which forms part of the Agreement.
2. Surefish.co.uk accepts payment of Charges online via a secure server using the Online Payment Facility in pounds sterling. Charges comprise a one-off set-up fee payable by credit or debit card, which covers the cost of set-up, any hardware purchased and the first month’s subscription. Ongoing monthly subscription payments must be made by Direct Debit.
3. The set-up fee specified in the Price List for Broadband and Wireless Broadband is payable upon acceptance of your Registration Form. The subscription fee is payable monthly in advance.
4. For any and all Charges payable to Surefish.co.uk you shall:
(a) Pay with a debit/credit card from an account registered in your name or by direct debit from an account registered in your name;
(b) Not use an invalid bank account or an out of date debit/credit card; and
(c) Ensure that there are sufficient funds available in your bank account registered with us to pay for any Charges due to Surefish.co.uk from you.
5. You shall:
(a) pay to Surefish.co.uk any costs incurred by us as a result of your failure or delay to pay any Charges due together with interest on the late or non-payment at a rate of 4% over the base rate of Barclays Bank plc from the due date until the total sum due has been paid;
(b) pay for any loss or damage to the Software, Server or the Services caused by your use or mis-use of the Services or negligence of any kind;
(c) pay for all use of the Services accessed using your login names and/or passwords or other identifiers with or without your consent.
(d) Immediately notify us via the self-service portal of changes to your credit/debit card or bank account details.
6. If you wish to change the type of Services with which you are supplied, any outstanding Charges in respect of Services already supplied must be settled in full before further Services will be supplied.
7. Surefish.co.uk reserves the right to increase or decrease the Charges from time to time with immediate effect. Changes to the Service Charges will be posted on the Site and notified to you in a Service Announcement. You will have the right to cancel the Services as set out in clause M.
8. You accept that agents appointed by us from time to time to collect money on our behalf are authorised for that purpose.
M. Termination
1. (a) Once you use the Service in any way, unless we agree otherwise, you will not have the right under Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000 to cancel this Agreement within 7 days of entering into it as if the agreement had not been made.
(b) You may only terminate this Agreement by notifying Surefish:
(i) by telephone on the Customer Support telephone number displayed on the Site; or
(ii) in writing sent first class post to Surefish.co.uk at the address given at the start of these Terms and Conditions; or
(iii) by email to surefishsupport@christian-aid.org; or
(iv) using the procedure displayed on the Site.
2. Notice Periods
2.1 In the case of the Pay-as-You-Go Service
(a) Notice of termination given in accordance with paragraphs (b) (i) to (iii) of clause M1, shall only become effective seven days after the day on which Surefish.co.uk receives such notice.
(b) Notice of termination given in accordance with paragraph (b)(iv) of clause M1 shall take effect immediately.
2.2 In the case of the Flat-Rate Service:
Notice of termination given in accordance with paragraph M1, shall only become effective on the final day of your last Payment Period
2.3 In the case of the Broadband Service and Wireless Broadband Service:
Notice of termination given in accordance with clause M1, shall only become effective 6 (six) days following the final day of your last Payment Period.
2.4 In the event that we agree to you terminating this Agreement before the expiry of the Initial Term, you must pay all Charges due, up to and including the date of expiry of the Initial Term.
3. Surefish.co.uk accepts no responsibility for any delay or failure to receive any notice of termination for any reason (including any attributable to an act or omission of Surefish.co.uk) and termination of the Agreement will not occur otherwise than as set out in this clause.
4. If termination takes effect, in accordance with clause M2, less than 2 Working Days prior to the date on which Charges from you fall due, such Charges will become due and payable from you. Details of how you can check the date of your next payment are available on the Site.
5. Should you wish to cancel this agreement in respect of the Broadband or Wireless Broadband Services before your first use of the service Surefish.co.uk will refund your initial subscription payment less a £10 or 5% (whichever is the greater) administration charge.
6. Surefish.co.uk may terminate this Agreement and the Services or may suspend all or any part of the Services immediately without prior notice, if:
(a) you breach any of the terms of this Agreement;
(b) you fail to pay any Charges due to Surefish.co.uk in accordance with clauses D and L;
(c) you suffer any act of bankruptcy or enter into any composition or arrangement with your creditors; or
(d) the Basic Access is the only Internet Access Service product that you subscribe to and you have failed to use the Services by direct access in any 60 day period. All email and webspace content including your email address will be deleted and will not be retrievable.
7. Surefish.co.uk may terminate this Agreement immediately without notice if it deems, in its absolute discretion, such termination to be necessary, provided that we shall reimburse you upon such termination, for Services which you have already paid for in advance but cannot use.
8. Surefish.co.uk may terminate this Agreement for any reason:
(a) if you subscribe to the Pay-as-you-go Service or Flat-rate Service, immediately by notice at any time during or after the Initial Term (if any);
(b) if you subscribe to the Broadband Service or Wireless Broadband Service, by giving you one months' notice at any time during or after the Initial Term.
N. Effect of Termination
1. You shall pay all Charges relating to the provision of the Services up to and including the date that termination becomes effective in accordance with clause M.
2. Any emails, files, information, documents, personal webspace data and any other materials relating to your use of the Services at any time will be deleted, and we regret that we will be unable to retrieve such materials.
O. Software Licence
1. Surefish.co.uk hereby grants to you and you hereby accept a non-exclusive and non-transferrable licence to use any Software and documentation provided by Surefish.co.uk to access the Internet, for the sole purpose of enabling you to use the Services. You acknowledge that the title to all Software and documentation is and shall remain with Surefish.co.uk. In recognition of the fact that the Software constitutes a valuable asset of Surefish.co.uk, you shall use your best efforts to protect and keep confidential all Software and documentation used by you, and shall make no attempt to examine, copy, alter, reverse engineer, disassemble or tamper with such Software. This licence shall immediately cease on termination of the Agreement.
2. You must not, and must not allow any other person to, copy, modify, translate, decompile, disassemble, create derivative works from, alter or adapt any Software or documentation provided by us.
P. Email and mailbox usage
Surefish.co.uk will monitor email box usage taking appropriate action within the following guidelines:
1. Each Post Office Protocol (POP) mailbox that you are provided may automatically be limited to 10 megabytes (MB) disk quota.
2. Emails (read or unread) in your POP mailbox/es which are over 180 days old may be automatically deleted.
3. We may, as we reasonably consider necessary, prohibit access to any data in, or disconnect, your POP mailbox/es. Where data has been deleted or barred and/or your POP mailbox/es disconnected, we will not store or reserve either your data or your username.
Q. Invalidity
If any part of this Agreement (including any provision in which we exclude our liability to you) is deemed to be invalid or unenforceable to any extent by any competent authority such provision (or part thereof) shall to that extent be severed from the rest of the Agreement which shall continue to be valid and enforceable to the fullest extent permitted by law.
R. Force Majeure
Surefish.co.uk will not be responsible for any delay in, or failure of, the Services or the Internet due to any cause beyond our control, including (without limitation) war, riots, embargoes, strikes (whether of Surefish.co.uk's employees or others), casualties or accidents and / or default by suppliers / subcontractors.
S. Governing law
These Terms and Conditions shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes.
T. Notices
Subject to the provisions regarding notification of termination under clause M, any notices under this Agreement shall be delivered:
1. by hand or sent by prepaid first class post to the address of the recipient given in this Agreement or as notified by the recipient to the sender; or
2. electronic mail to (in the case of Christian Aid Trading Limited) surefishsupport@christian-aid.org and (in the case of the customer) the email address on the Server assigned to you during the provision of the Services. Other than as stated in clause M3, electronic mail shall be deemed to be delivered when it is sent.
U. No Waiver
Failure by Surefish.co.uk to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of our right to enforce a subsequent breach of the same or any other provision.
V. Assignment
This Agreement is personal to you and may not be assigned or transferred by you whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of Surefish.co.uk. No such assignment or transfer however occurring shall relieve you of your obligations under this Agreement.
W. Entire agreement
The Agreement sets out the whole of our agreement relating to our supply of the Services and your use of the Site. The Agreement cannot be varied except in writing by a director of Christian Aid Trading Limited. In particular nothing said by any employee, agent, contractor or other representative of Surefish.co.uk should be taken to be a variation of these Terms and Conditions or a valid representation about the Services or the nature and quality of items displayed on the Site. Surefish.co.uk accept no liability for any such representation being untrue or misleading or any such variation.
Schedule 1 - Surefish.co.uk Privacy Policy
At Surefish.co.uk we use information collected from you as a result of your use of this website to provide, develop and enhance our services and to help us build our business. We take privacy issues seriously and are open about the way data is collected and used. This policy outlines the principles we follow.
Surefish.co.uk reserves the right to change or replace this Privacy Policy or any part of it and your continued use of the Site or our services signifies your agreement to any changes or replacements. Surefish.co.uk will endeavour to notify you of any material changes to this Policy by email.
Links within this website to other websites are not covered by this Privacy Policy.
What data is collected and how is it used?
When you register for our services, a username and password will be assigned to you for authentication purposes. We require your name, address, and telephone number for authentication purposes and to help prevent network abuse, fraud and illegal activity.
We use information submitted to us in connection with a specific product or service to provide you with that product or service as described in the applicable terms and conditions. We may use information you have submitted to us to contact you regarding other products and services offered by us or Christian Aid, registered charity number 258003, company number 5171525. If at any time you decide that you do not wish to be contacted by us for these purposes, please inform us of this by email addressed to surefishsupport@christian-aid.org.
Cookies
We use cookies to collect user information from the website to allow us to assess the level of use of the site at any time.
Cookies are information files created when you visit a site and contain a unique, anonymous number. They are stored in the cookie directory of your hard drive and do not expire at the end of your Internet use session.
Disclosure of Information
We may disclose some or all of the information collected from you if required to do so by law or other legally binding obligation.
Surefish.co.uk does not sell, trade or rent your personal information to others. Surefish.co.uk provides aggregate statistics about our customers, sales, traffic and related information to third parties but these statistics include no personally identifying information. Surefish.co.uk will only provide personal information, such as email address, to third parties other than our subcontractors with your consent.
If you choose to register for the Service the personal information submitted on the Registration Form and payment details will be passed by us to the relevant agents. Payment and other personal information will necessarily be shared with our service agents.
Surefish.co.uk may engage other companies and individuals to provide different parts of the services supplied to you or to assist us in improving the provision of our services. Examples include email services, data analysis and providing customer support services. Such agents have access to the personal information needed to perform their functions but may not use it for other purposes.
Protecting personal privacy
Surefish.co.uk uses up to date industry procedures to keep personal data safe and secure and protect against loss, unauthorised disclosure or access. Please remember that you are responsible for protecting your password/username and must not share it or allow disclosure of these to anyone.
Email
Electronic mail is not a secure form of communication and is potentially accessible by third parties. We cannot guarantee the confidentiality of email messages transmitted by you and will not be liable to you or any other person for any loss in connection with any email message you may send.
Schedule 2 - DSL Network Access
This section applies to you if you have purchased the Broadband Service or the Wireless Broadband Service.
Where the Broadband Service you sign up to is described as "unlimited", this means that where we determine that your usage of the Broadband Service is normal, fair and reasonable, we will not impose controls on the volume of data that you can download or upload using the Broadband Service.
Where the Broadband Service is described as ‘limited’ the download limits as described in the product descriptions on the Site will apply. If you exceed these download limits, a charge of £0.50 per gigabyte may be made.
DSL activation and installation process
Once you have submitted your Registration Form, our processing of the application and activation of the Services is subject to the following terms:
1. Before we can activate the Services we need to:
a. perform a telephone line test and postcode check to make sure you are in an area where there is a high probability of being able to receive the Services;
b. send you confirmation (or rejection) by email of our being able to proceed with activation of the Services. If confirmed, activation will proceed automatically. The confirmation email will contain the date that we will aim to activate the Services ("Target Activation Date") and confirmation of your Surefish.co.uk login details for all online services;
c. You must check the terms and conditions of any existing internet access service that you are supplied, for example ISDN or BT Home Highway, as such services may be subject to minimum term or cancellation fees for which we will not be liable . If cancellation of such services is required you will need to arrange for termination of those services directly with BT / Subcontractor prior to your Service being activated.
2. We will attempt to activate the Services by the Target Activation Date. If the Target Activation Date is not met, you will not incur any Service Charges until the Services are activated. There is a very small chance that when we attempt to activate the Services, activation may fail due to technical difficulties despite the checks in clause 1a of this section having been carried out. If this occurs, the following will apply:
a. You will not incur any Charges for the Services; and
b. if you purchased the Access Equipment from Surefish.co.uk, you will be able to return it and be reimbursed. We cannot arrange reimbursement for any other Access Equipment or any other products.
3. If the Services are successfully activated, but you are unable to use the Services because either:
i) you have not met the Minimum Specifications, as published on the Site or about which we informed you during the registration process (including but not limited to not meeting the minimum hardware specification); OR
(ii) you have not purchased or installed suitable Access Equipment - which shall be determined solely by us, then:
a. You must pay Service Charges from the date the Services are activated; and
b. We shall not be responsible for any Access Equipment or any other products that you have purchased but cannot use.
4. Installation of Access Equipment: The Broadband Service is a self-install service and, unlike some ASDL services you do not need an engineer to visit your home to complete installation. It is your responsibility to purchase and install the Access Equipment and Surefish.co.uk is not responsible for any Access Equipment that is not purchased through us. For the avoidance of doubt, installation (which you undertake) is not the same as activation (which we undertake). You will not be able to utilise the Services until you have successfully completed installation therefore we recommend that you complete installation on or preferably before the Target Activation Date.
We cannot arrange reimbursement for any Access Equipment or other product not purchased via the Site or where we expressly state this facility is not available
DSL network access availability
The Broadband Service can only be made available on the original BT / Subcontractor line identified as part of the registration process and provision of the Services depends on the underlying BT / Subcontractor service availability.
If the BT / Subcontractor line is discontinued for any reason, including non-payment and cancellation, you shall continue to be liable for all Charges for the Services due to Surefish.co.uk.
If you move from the address for provision of the Services stated in the Registration Form and you wish to receive the Services from another address, your subsisting Agreement will be terminated and you will be required to enter into a new agreement for the Services at the then current Charges and subject to a further Initial Term (if applicable). If such termination occurs during the Initial Term of your subsisting Agreement, you must pay for the Services up to the end of that Initial Term.
BT / Subcontractor requests that we inform you that activation of the Services may result in you experiencing a temporary loss of your analogue BT / Subcontractor line.
Reinstatement of Broadband Service
Should your regular subscription payment for the Broadband or Wireless Broadband service not be received by the Online Payment Facility for what ever reason the Service may be suspended. In such cases the DSL Connection will need to be reinstated in which case:
a. you must reinstate your Subscription payments for the service;
b. you must notify Surefish.co.uk in accordance with clause T of your wish to continue using the service; and
c. Surefish.co.uk shall undertake to reconnect your service at the earliest possible date, however the new Target Activation Date will be around 10 days from our receipt of your notification to reinstate the service.
Schedule 3 – Flat-Rate Network Access
This schedule only applies to you if you have purchased the Flat-rate Service. The Flat-rate Service is only available to existing customers from 1 March 2007.
1. The Flat-rate Service can only be accessed from the BT / Subcontractor line provided at the time of registration. When you access the Flat-rate Service your Caller Line Identity will be checked against the number stated in the Registration Form before you are given access to the Services. A single concurrent call to the Flat-rate Service will be authorised at any point in time.
2. If you move house or change your BT / Subcontractor telephone number, you can change the registered BT / Subcontractor line number through the self-service portal.
4. Continuous Use / Inactivity. You acknowledge that, to protect the quality of service for all of Surefish.co.uk's users it is Surefish.co.uk policy to prohibit continuous use of the Services and terminate your session after periods of inactivity, as set out on the Site. For avoidance of doubt “Continuous Use” is where you remain connected to the Surefish.co.uk network and access the Surefish.co.uk network or connected networks for a maximum period as set out on the Site. “Inactivity” is where you remain connected to the Surefish.co.uk network but do not use the connection.
Flat-rate Service availability
The Flat-rate Service is only available on a BT / Subcontractor line.
For reasons outside of our control the Flat-rate Service may not be available on your local BT / Subcontractor telephone exchange, in which case you will not be charged for the Services. Every reasonable effort will be made to check whether your local BT / Subcontractor telephone exchange supports the Flat-rate Service as part of the online subscription service.
Schedule 4 - Wireless Broadband Service
The following terms will apply in addition to those set out in Schedule 2 (DSL Network Access) if you have purchased the Wireless Broadband Service:
1. surefish.co.uk give no warranty and make no representation as to the distance over which your Wireless Broadband Network will be effective or performance of the Wireless Broadband Service as it is dependent on a number of factors over which surefish.co.uk has no control. You acknowledge that the Services are provided on an 'as is' basis with regard to the transmission of data between your Wireless Broadband access point and any other equipment connected to your Wireless Broadband network.
2. The Wireless Broadband Service is designed to be as secure as is practically possible using current technology and methods However, you are responsible for operating your Wireless Broadband network in a secure manner and applying and keeping private all passwords and login/usernames.
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