1. Providing Services
1.1 The Client is responsible for providing all hardware and other equipment required to access and to use the Service. The Client is responsible for ensuring the compatibility of its equipment with the Service.
1.2 The Service is available to the Client only when the Client’s equipment is within the range of the Bucks Biz Wireless LAN system or when connected via a LAN cable.
1.3 All Services are provided on an “as is” basis. Bucks Biz does not warrant any level of availability of the Service or that the Service is fault free or fit for any particular purpose, or that the system is secure. The Client assumes all responsibility and risk for use of the Service.
1.4 Bucks Biz will always try to make the Service available, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, collocation failures or due to an emergency. Bucks Biz is not responsible for data, messages or pages that the Client may lose or that become misdirected because of interruptions or performance issues with the Service.
1.5 Bucks Biz reserves the right to immediately, and without notice, suspend the Client’s access to the Service if it suspects that the Client is not complying with the Terms and Fair Usage Policy or for any other reason if the Client’s use of the Service may adversely affect Bucks Biz systems.
1.6 Network speed is no indication of the speed at which the Client’s device sends or receives data. Actual network speed will vary based on unit configuration, compression and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and the Client accepts that delays or omissions may occur.
1.7 Bucks Biz does not warrant that any particular virtual private network will be compatible with the Service.
1.8 Bucks Biz will not supply any software to the Client in connection with the Service. If the Client uses software packages, applications or configurations then the Clients accept the risk of any failure of the Service resulting from the use of such software packages, applications or configurations.
2. Use of the Service and Fair Usage Policy
2.1 The Service is made available provided:
(a) the Client does not use the Service for anything unlawful, immoral or improper;
(b) the Client does not use the Service in an offensive or intrusive manner in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, fraudulent, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy or which in Bucks Biz’ opinion is otherwise objectionable;
(c) the Client does not act nor knowingly permit others to act in such a way that the operation of the Service or Bucks Biz systems will be jeopardised or impaired;
(d) the Client does not use the Service to access or use content in a way that infringes the rights of others;
(e) the Service is used in accordance with any third party policies for acceptable use or any relevant internet standards (where applicable);
(f) the Client does not use the Service to send or upload unsolicited emails, except if permitted to send marketing communications in accordance with the Privacy and Electronic Communications Regulations 2003;
(g) the Client does not knowingly or negligently create, transmit, store, publish or upload any electronic material (including, without limit, files that contain viruses, corrupted files, trojans or any other similar software or program) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by us or any other Internet user or person;
(h) the Client does not use the Service to carry out activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person or activities that are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
(i) the Client does not do, or allow to be done, anything that may disrupt or interfere with the Bucks Biz network or Service or cause a host or the network to crash;
(j) the Client does not make excessive use of, or place unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments or by distributing, downloading or sharing excessively large amounts of data;
(k) the Client complies with the terms of the Fair Usage Policy and make sure that any others using the Service through the Client’s account comply with the Fair Usage Policy too.
2.2 The Client agrees not to resell any aspect of the Service, whether for profit or otherwise. The Client accepts that the entitlement to use the Service is for the Client’s use only and that the Client shall not be entitled to transfer its entitlement to use the Service to any third party.
2.3 The Client agrees not to connect any network device (Wi‐Fi access point, firewall, router, gateway, hub, switch or the like) to the Bucks Biz network without written approval from the Bucks Biz IT Director;
2.4 The Client agrees to take whatever steps it considers necessary to back‐up and protect any data on the its IT systems, including taking additional measures over and above any measures included with the Service to protect its IT systems from viruses, trojans, malware and other threats to the Client’s property.
2.5 Bucks Biz reserves the right to restrict the Client’s connection speed, or terminate the Client’s session, if the level of use of the Service is deemed by us as excessive and therefore to detrimental to other users.
2.6 Bucks Biz reserves the right to block specific ports for inbound and outbound traffic including but not limited to: H323, Napster_8888, Nbdatagram, Nbname, RealPlayer‐grp, TCP‐135, TCP‐139, TCP‐ 1433, TCP‐1434 and UDP‐1434.
2.7 The Client agrees not to use any high definition video conferencing devices on Bucks Biz’ Data Network without written approval from the Bucks Biz IT Director. If approval is gained then the Client will be required to take sufficient Reserved Bandwidth to support the solution.
2.8 The Bucks Biz Mail relay server is limited to 128 recipients and a maximum of 10MB per message. It cannot be used as a smarthost.
3. Content disclaimer
3.1 Bucks Biz does not control, nor is it in any way liable for, data or content that the Client accesses or receives via the Service. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to the Client. Bucks Biz has no control over and accepts no responsibility for such materials.
3.2 Bucks Biz is not a publisher of third‐party content that can be accessed through the Service, and is not responsible for any opinions, advice, statements, Services or other information provided by third parties and accessible through the Service. The Client is responsible for evaluating such content.
3.3 It is the Client’s responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the Services. Bucks Biz will not be a party to nor in any way be responsible for any transaction concerning third party goods and services. The Client is responsible for paying all fees and charges from third party vendors whose sites, products or services it accesses, buys or uses via the Service.
3.4 Bucks Biz does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Service. 4.5 If the Client chooses to use the Service to access web sites or content provided by third parties or purchase products from third parties, then the Client’s personal information may be available to the third‐party provider. The way third parties handle and use the Client’s personal information related to the use of their services is governed by their policies and Bucks Biz has no responsibility for their policies, or third parties' compliance with them.
4. Charges and Termination
4.1 Service charges. Service charges are set out within the standard rate card and may change from time to time without prior notice.
4.2 Per user basis. Bucks Biz grants access to the Service on a per person basis. In the event of the any increase of the number of people using the service, the Client agrees to pay the Bucks Biz fees for each user accessing the Service, either directly or indirectly, as set out in the standard rate card.
4.3 Data usage fees. Unless otherwise provided for, data usage is subject to a pay per use charge. The Client agrees to pay for all such usage incurred via the Client’s account whether authorised or not.
4.4 Subscriptions. Bucks Biz IT service subscriptions have a minimum contract term indicated at the time of purchase. The Client agrees to pay the subscription fee for the entire term. Subscription fees are payable in monthly in advance.
4.5 Termination. Service subscriptions may be cancelled with 30 days written notice prior to the end of the contract term. Early cancellation is not permitted. Subscriptions that are not cancelled will automatically renew on similar terms.
4.6 Customer installed telecommunications lines. The Client may not bypass the use of Bucks Biz telecommunications lines by installing its own direct telecommunications lines. Bucks Biz may, at is discretion, grant the Client authorisation to install direct telecommunications lines upon written request. Such permission will only be granted on the basis that the Client agrees to make a monthly payment of an infrastructure fee as set out in the standard rate card.
5. Liability
5.1 Bucks Biz shall only be liable to the Client as set out in this Agreement and has no other duty or liability to the Client.
5.2 The Client agrees that, except for death and personal injury arising from the negligence of Bucks Biz, Bucks Biz shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with the Service and Terms , including damage for loss of business, loss of profits or revenue, business interruption, loss of business information, loss of the use of the Service, loss of goods, loss of contracts, loss or corruption or information or data or any other pecuniary loss (even where Bucks Biz has been advised of the possibility of such loss or damage).
5.3 Bucks Biz shall not be liable for any deficiency in performance caused in whole or in part by any act or omission of an underlying carrier or Service provider, dealer, equipment or facility failure, network problems, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond the control of Bucks Biz.
5.4 The Client shall indemnify Bucks Biz against all losses, liabilities, costs (including legal costs) and expenses that Bucks Biz may incur as a result of any third‐party claims against it arising from, or in connection with, the Client’s misuse of the Service or breach of the Agreement.
5.5 Any property owned, operated or otherwise controlled by the Client may only be stored at Bucks Biz premises (including in the telecommunications room of any premises) with the prior written approval of Bucks Biz and shall be stored at the Client’s risk. Bucks Biz accepts no liability for such equipment and shall not be liable for any losses or damage to (or resulting from) such equipment.
6. The Client’s data
6.1 The Client authorises us to use and disclose information about it (including but not limited to applicable device identifiers such as MAC addresses) and its use of the Service including, including but not limited to, how the Client conducts its account for the purposes of operating the Client’s account and providing the Client with the Service, for credit control purposes; for fraud and crime detection and prevention and the investigation and prevention of civil offences; or as required for reasons of national security or under law to Bucks Biz associated companies, partners or agents, any telecommunications company, debt collection agency and fraud‐prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us. The Bucks Biz Privacy Policy describes how Bucks Biz treats personal information when the Client uses Bucks Biz products and services.
6.2 From time to time, Bucks Biz may (without notice to the Client) review, record or check the Client’s use of the Service where required to do so to make sure the Client is complying with any laws or regulations, or where ordered to do so by any court or other body or authority with the power to require such monitoring, or for its own internal purposes to make sure the Client is complying with the terms of this Agreement.
7. Miscellaneous
7.1 Bucks Biz may assign the Client’s contract or any part of the service it provides to the Client on the same terms to any third party. The Client may not assign this contract or the benefit of the Service Bucks Biz provides.
7.2 Any failure or delay by Bucks Biz in exercising or enforcing any rights or benefits granted by this Agreement will not be deemed to be a waiver of any such right or benefit; nor will it prevent Bucks Biz from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.
7.3 Each provision of these Terms is to be construed as a separate provision applying and surviving even if one or more of the other provisions of the particular clause is held inapplicable or unreasonable.
7.4 Applicable law: These terms are interpreted and enforced in accordance with the law of the place where the relevant Centre is located where the service is provided. Bucks Biz and the Client both accept the exclusive jurisdiction of the courts of such jurisdiction. If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.
7.5 These Terms set out the entire agreement between the Client and Bucks Biz relating to the supply of the Service to the Client (including all intended rights and obligations) and supersedes any and all previous agreements and understandings between the Client and us with respect this specific Service.
7.6 All copyright, trade‐marks and all other intellectual property rights in the Service and all associated material including but not limited to web registration, “splash” and landing pages shall remain vested in Bucks Biz.
VER: 141019