DEFINITIONS OF TERMS
"Activation" occurs when MangoSurf.net notifies you that the relevant Service is available for use;
"Activation Charges" means those amounts payable by you to MangoSurf.net for the connection and activation of a Service as set out in the Order;
"Agreement" means these terms and conditions together with the Order;
"Charges" means the Activation Charges and the Recurring Charges;
"Equipment" means any apparatus or equipment provided by MangoSurf.net to the Customer at the Premises to enable provision of the Service;
"Initial Term" refers to the first twelve (12) calendar months of this Agreement.
"Trial Period" refers to the first three (3) calendar months following activation of Service for some of MangoSurf.net ADSL products. Subject to the activation date, the trial period may also include a part month in addition to the respective calendar months for ADSL;
"Modem" means the device to be installed at your premises between the Service and your local infrastructure includes the DSL modem and Line Filters;
"Network" means the DSL network
"Order" shall mean a purchase order for the Services in a form attached hereto;
"Recurring Charges" means those amounts payable by you to MangoSurf.net on a recurring monthly basis for provision of the Services as set out in the Order;
"MangoSurf.net" means MangoSurf.net a City Telecom division, incorporated in England under number 2255805, whose registered office is at 2 Graham Road, London, NW4 3HJ; and
"Service(s)" means the Service described in the relevant Order.
1.THE ORDER
1.1 These terms and conditions apply to your Order.
1.2 MangoSurf.net reserves the right not to accept Orders at its discretion.
1.3 Services are provided in accordance with each Order.
1.4 Your standard purchasing terms and conditions (if any) are excluded, even if such terms are attached to the Order.
2. ACTIVATING THE SERVICE
2.1 Before being able to activate the Service, MangoSurf.net will:
2.1.1 verify that your premises are in an area in which the Service is available; and
2.1.2 carry out a line test
2.2 Occasionally it will not be possible to establish whether the Service can be activated until after the service is installed at your premises.
2.3 If the Service cannot be activated MangoSurf.net will notify you as soon as possible and this Agreement will be cancelled and any charges made will be repaid to you. MangoSurf.net may propose an alternative service (e.g. a lower bandwidth line). If you prefer to accept the alternative instead of cancellation you will need to confirm that within 5 calendar days.
2.4 MangoSurf.net will use its reasonable endeavours to provide the Service within 15 Business Days of the date of Order acceptance by MangoSurf.net.
2.5 If MangoSurf.net is unable to activate the Service due to your act or omission or due to incorrect information being provided by you MangoSurf.net reserves the right to charge you a failed connection fee of £50.
2.6 To cancel the Service, you must notify MangoSurf.net 6 working days before the Customer Confirmation Date. If you fail to notify MangoSurf.net before this time, Service will go ahead and you will be liable for all charges during in the Initial Term.
2.7 Occasionally visits to your premises will be required. These visits are sometimes carried out by BT. MangoSurf.net will liase with you to arrange the timing of these appointments. It is also possible that BT may contact you directly in relation to the appointment.
2.8 During activation of the Service you may temporarily lose the use of your other telecommunications services.
2.9 If you require a static IP address you will need to specify this in your Order. If you do not specify this requirement you will receive either a dynamic or a static IP address at our discretion.
3. PROVISION OF THE SERVICE
3.1 MangoSurf.net will provide the Service using the reasonable skill and care of a competent telecommunications service provider. MangoSurf.net may subcontract the provision of all or any part of the Services to third parties.
3.2 Changes may be made to the Network or the technical specification of a Service from time to time; if these changes will detrimentally affect the Service, MangoSurf.net will inform you in advance.
3.3 Whilst we seek to maintain a high level of service, it is technically impracticable for MangoSurf.net to provide a fault free Service and MangoSurf.net does not warrant or undertake to do so.
4. COMMENCEMENT AND TERM
4.1 Following activation, the Service shall continue to be provided for the period of the Initial Term.
4.2 Once the Initial Term has run its full course, the Service shall roll over onto a new period for 12 months, unless you otherwise notify MangoSurf.net.
5. MODEM CONNECTION
5.1 MangoSurf.net will arrange for the ADSL service to be provided on the customer's telephone line. It is the customer's responsibility to connect the necessary micro-filter and ADSL equipment as per the Welcome Pack Guide.
5.2 So that the service remains safe and secure, the Equipment / Modem connected to or used with the service must be used in accordance with all relevant instructions and safety and security procedures.
5.3 MangoSurf.net makes no warranty that the Service will interoperate properly with a Modem not supplied by Mangosurf.net
6. MANGOSURF.NET'S EQUIPMENT
6.1 The Equipment shall remain the property of MangoSurf.net and the Customer shall at all times make clear to third parties that the same is the property of MangoSurf.net.
6.2 If you damage or lose our equipment, we may require you to reimburse us for the reasonable charges for repair or replacement.
6.3 At the end of this contract you agree to return to us the Equipment at your own expense to the following address: CET House, 36 Golders Gardens , London NW11 9BU.
6.4 The service is supplied on a self-install basis. Should you wish an engineer to attend we can provide this for an additional charge.
6.5 All Equipment shall be delivered to the billing address of the credit card holder.
7. USE OF SERVICES
7.1 You shall not use the Service:
7.1.1 in connection with the carrying out of any fraudulent, criminal, or any other illegal activity;
7.1.2 to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, confidence, privacy or any other rights;
7.1.3 to cause annoyance or needless anxiety;
7.1.4 to send or provide or, knowingly receive responses to, any spam or unsolicited advertising or promotional material;
7.1.5 to knowingly or recklessly transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by the Network or other Internet users;
7.1.6 in a manner which restricts or inhibits any other user from using or enjoying MangoSurf.net’s products or services;
7.1.7 to utilise excessive amounts of bandwidth (for example downloading/uploading heavy files for an excessive amount of time; repeatedly engaging site-local scripts or similar behaviour);
7.1.8 in breach of any reasonable instructions given by MangoSurf.net;
7.2 MangoSurf.net shall have the right to examine, from time to time, the use to which you put the Services and the nature of the data/information that you are transmitting or receiving via the Services where such examination is necessary: (i) to protect / safeguard the integrity, operation and functionality of MangoSurf.net’s (and neighbouring) networks; or (ii) to comply with police, judicial, regulatory or governmental orders, notices, directives or requests.
7.3 You agree to indemnify MangoSurf.net and its subcontractors from any liability or claim arising out of, any penalty or fine imposed in respect of, your breach of this clause 7.
8. SERVICE SUSPENSION/ALTERATION
8.1 MangoSurf.net may suspend the provision of the Services or any part thereof, and/or to disconnect your facilities from the Network if and to the extent that:
8.1.1 MangoSurf.net has reasonable grounds to believe that the Services are being used in breach of Clause 6; or
8.1.2 your use of the Network may damage or disrupt the proper functioning of the Network; or
8.1.3 temporarily, for operational or technical reasons.
8.1.4 if you are in violation of your payment obligations as set out in clause 9.8.
8.2 MangoSurf.net shall give you as much notice of a suspension under Clause 8.1 as is reasonably practicable in all the circumstances.
8.3 If your service has been suspended you will still be liable for any payments relating to service during the period of your suspension.
8.4 A reconnection charge of £50 may apply in order to reconnect your service following suspension.
8.5 MangoSurf.net shall be entitled to terminate or modify the Service, without any liability whatsoever, if any licence or authorisation which MangoSurf.net requires in order to provide the Service is not obtained, withdrawn or otherwise cancelled; in the event of a modification that is detrimental to the Service, you shall have the right to terminate this Agreement with immediate effect.
9. CHARGES AND CREDIT TERMS
9.1 MangoSurf.net accepts payment by credit card, debit card, and cheque.
9.2 Prices shown are exclusive of VAT.
9.3 On the date that MangoSurf.net confirms your order, MangoSurf.net shall charge you for the Activation / Connections Charges.
9.4 You agree the following payment terms:
9.4.1 on the date of activation of the Service, payment will be due for the Charges for the period from the activation date to the end of the following calendar month.
9.4.2 you further agree that thereafter, the Recurring Charges for the Services shall accrue daily and payment will be due in advance within the timeframe as specified in your order.
9.5 If you have agreed to pay by credit / debit card Mangosurf.net will debit your card whenever payment is due.
9.6 All amounts due under this Agreement to be paid by you to MangoSurf.net shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against MangoSurf.net in order to justify withholding payment of any such amount in whole or in part.
9.7 MangoSurf.net may charge interest on any overdue amounts payable from the due date until payment (whether before or after judgement) at the rate of 4 percent per annum, above the base rate of HSBC Bank Plc from time to time.
9.8 If you are at any time in violation of your obligations to make payments to MangoSurf.net and remain in violation after seventy-two (72) hours written notice by MangoSurf.net, then MangoSurf.net may suspend the provision of Services and the performance of its associated obligations forthwith without prejudice to MangoSurf.net’s rights under this Order, including rights to payment. Notwithstanding any other provision of this Agreement, MangoSurf.net shall have no liability to you for any loss or damages you suffer as a consequence of such suspension.
9.9 If MangoSurf.net has registered your domain name, a fee of £45 will apply to release the domain name in the event the Service is cancelled within the first two [2] years.
10. TERMINATION
10.1 MangoSurf.net may terminate this Agreement by notice, such notice to take effect forthwith:
10.1.1 if you continue to be in violation of your payment obligations following suspension under clause 9.6’;
10.1.2 if you have committed a material breach of this Agreement;
10.1.3 if you fail to pay your debts when they become due,
10.1.4 if any mortgage, charge, licence or other security interest which may for the time being affect any of your assets becomes enforceable;
10.1.5 if any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against you, or for your winding-up or dissolution or any similar action or steps are taken in relation to you and such action or step is not withdrawn within 30 days;
10.1.6 if any administrator, administrative or other receiver or trustee or similar officer is appointed over you or any steps are taken to do the same to you.
10.1.7 if you violate the terms of clause 7.
10.2 You may terminate an Order if the Service to be delivered under that Order is not delivered within 42 days of the "customer agreed date" notified to you, provided that such failure is not due to your act or omission.
10.3 The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either of us accruing up to such date.
10.4 If you cancel the Service before the end of the Initial Term, you will still be liable for charges during that period.
11. CANCELLATION
11.1 Cancellation of the Agreement must come into effect at the end of a calendar month.
11.2 During the Trial Period thirty-three (33) days Prior written notice to be given via registered post or fax before the end of the Trial Period.
11.3 After the Trial Period cancellation requires thirty-three (33) days prior written notice, such notice to take effect at the end of the following calendar month.
11.3.1 After the Trial Period during the Initial Term a fee equal to 40% of the remaining balance of payment until the end of the Initial Term applies.
12. DATA PROTECTION
12.1 MangoSurf.net shall be entitled to store and process Personal Data provided on the Order form for its internal use and for the purposes of providing the Service.
12.2 You have the right to request a copy of information relating to you that is held by MangoSurf.net, by written request to our data protection compliance manager and upon payment of a fee.
12.3 You may change the personal information held by us at any time, by advising us in writing.
12.4 From time to time MangoSurf.net will contact you about future MangoSurf.net products and services. If you do not wish us to contact you please tell us. In order that other respected organisations selected by MangoSurf.net can tell you about their products and services directly, your name and address details will be passed to them. If you do not wish to receive such mailings please tell us.
13. LIABILITY
13.1 Nothing in this Agreement shall serve to limit MangoSurf.net’s liability in respect of death or personal injury caused by or arising from Mangosurf.net negligence or for liability arising out of or in connection with fraud or fraudulent misrepresentation.
13.2 MangoSurf.net’s maximum aggregate liability to you in contract, tort (including negligence or breach of statutory duty) or otherwise arising in connection with this Agreement, shall be limited to the aggregate amount paid by you to Mangosurf.net.
13.3 MangoSurf.net shall not in any event be liable to you in contract, tort (including negligence) or for breach of statutory duty or in any other way for any indirect or consequential losses or for any loss of goodwill or reputation, loss of revenues, profits, contracts, business or anticipated savings.
14. WEB HOSTING
14.1 MangoSurf.net provides World Wide Web page hosting. MangoSurf.net reserves the right to suspend or cancel a customer's access to any or all services provided by MangoSurf.net when MangoSurf.net decides that the account has been inappropriately used, payment has not been received as set out in clause 9.8.
14.2 Inappropriate use includes those set out in clauses 7 and 14.
15. SERVER USE
15.1 Personal accounts are to be used by the primary owner only.
15.2 Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
15.3 MangoSurf.net reserves the right to refuse service and /or access to its servers to anyone.
15.4 MangoSurf.net does not allow any of the following content to be stored on its servers:
15.4.1 Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
15.4.2 Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of MangoSurf.net.
15.4.3 Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, and password cracking. IP spoofing, etc. and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
16. UNLIMITED USE POLICY
16.1 High bandwidth usage: MangoSurf.net offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, MangoSurf.net may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, MangoSurf.net reserves the right to impose the High Resource User Policy for the consideration of all customers.
17. HIGH RESOURCE USER POLICY
17.1 Resources are defined as bandwidth and/or processor utilization.
17.2 MangoSurf.net may implement the following policy to its sole discretion:
17.2.1 When a website is found to be monopolising the resources available MangoSurf.net reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
17.2.2 Customers may be offered an option whereby MangoSurf.net continues hosting the website for an additional fee.
18. INDEMNIFICATION
18.1 Customer agrees that it shall defend, indemnify, save and hold MangoSurf.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MangoSurf.net, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MangoSurf.net against liabilities arising out of and not limited to the following:
18.1.1 any injury to person or property caused by any products sold or otherwise distributed in connection with MangoSurf.net' server
18.1.2 any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
18.1.3 copyright infringement and
18.1.4 any defective products sold to customer from MangoSurf.net' server
19. DISCLAIMER
19. 1 MangoSurf.net will not be responsible for any damages your business may suffer.
19.2 MangoSurf.net makes no warranties of any kind, expressed or implied for services we provide.
19.3 MangoSurf.net disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by MangoSurf.net and its employees.
19.4 MangoSurf.net reserves the right to revise its policies at any time.
20. GENERAL TERMS
20.1 If any provision of this Agreement is held by a court or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable.
20.2 MangoSurf.net shall not be liable for any delay or failure in performance of its obligations to the extent that such delay or failure is attributable to matters beyond its reasonable control.
20.3 MangoSurf.net may assign the benefit or burden of this Agreement upon notice to you.
20.4 MangoSurf.net’s failure to exercise or enforce or any delay in exercising or enforcing any right or benefit conferred by this Agreement shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
21. GOVERNING LAW
21.1 This Agreement shall be governed and construed in accordance with English law, and the Parties irrevocably agree to the non-exclusive jurisdiction of the English courts.
