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Conditions
of Connection to the Cyber Sentry Service:
All
users of our service are bound by this agreement, which may be updated by us
from time to time without notice to you. This User Agreement (the 'Agreement')
governs the terms of the use by Client
(the ‘Client’)of services offered
by Cyber Sentry Limited ('Provider').
Client agrees to
receive access to the Cyber Sentry Limited services according to the following
terms and conditions:
1.
Selection of Service Plan. Client
will select one of the service plans offered by Provider, and agrees to receive
services according to the service plan selected.
2.
Payment for Services. Customer shall
pay Cyber Sentry Limited for all charges listed on Cyber Sentry Limited’s
invoice, including all shipping and handling charges and other charges
incidental to the provisioning of the Services. Unless otherwise stated on the
face hereof, all payments shall be due upon receipt of invoice. On any amounts
not paid when due, Subscriber agrees to pay interest at the rate of 1.5% per
month (18% per year) or, if such rate is in excess of the rate allowed by law,
then Subscriber agrees to pay the highest rate allowed by law. In addition,
Subscriber agrees to pay all costs of collection, including costs of litigation
and reasonable attorneys’ fees. Subscriber agrees to execute financing
statements and other instruments at Cyber Sentry Limited 's request. A IR£20.00
(Twenty Irish Pounds) collection fee will be charged for all dishonoured checks.
Any tax liability arising from Customer’s use of the Service (other than taxes
on Cyber Sentry Limited income) will be Customer’s responsibility. Customer
will pay all sales and use taxes relating to the Service, as well as all duties
or levies on Products and Services.
3.
Payment Terms. Unless otherwise
subscribed or agreed, payment of the selected Service is due monthly on the
first day of each calendar month for the Service to be rendered during the
upcoming month. Cyber Sentry Limited reserves the right to adjust its fees for
Service hereunder at any time in the event Cyber Sentry Limited experiences a
rate increase from its telecommunications supplier. However, if Customer has
signed a term agreement, Cyber Sentry Limited’s pricing will remain constant
for the agreed-to term. Cyber Sentry Limited is not responsible for the pricing
of any phone company service fees whether billed directly to Customer by the
phone company or through Cyber Sentry Limited on behalf of the phone company.
AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE IN ADVANCE, ON OR ABOUT THE
FIRST DAY OF EVERY MONTH FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS
PROVIDED HEREIN. A fee of £15 (Fifteen IR Punts) will be assessed for the
following reasons: (1) late payment, (2) payment with insufficient funds, (3)
denied or invalid credit card number, or (4) restart of Service terminated for
non-payment. Payment is late after the fifth (5th) day of the month. Cyber
Sentry Limited may change any fee, rate, or plan upon thirty (30) days notice.
Refunds, if any, from termination or cancellation of term or pre-paid accounts
are only available as if the Customer were a month-to-month Customer, and will
not be based on the discount the Customer may have received for prepaying the
account.
4.
Payment Method. CUSTOMER HEREBY
AUTHORIZES CHARGES TO BE MADE IN ADVANCE TO THE IDENTIFIED CREDIT CARD EACH
MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE
SET FORTH BELOW OR AS CHANGED BY Cyber Sentry Limited AFTER NOTICE TO CUSTOMER.
Payment may be made by cheque or purchase order only by key accounts and only
upon prior authorisation by Cyber Sentry Limited. Customer additionally
authorises periodic verification of credit worthiness. Cyber Sentry Limited, in
its sole discretion and judgment, may discontinue credit at any time without
notice.
5.
Term. This Agreement may be
terminated by Client or Provider at any time without prior notice and without
cause. If either party is in default under this Agreement (including
non-payment), then the non-defaulting party may also immediately terminate the
Agreement without prior notice to the other party.
6.
Compliance with Law. Client will use
the services offered by Provider in a manner consistent with all applicable
local laws and regulations.
7.
Prohibition of Publication of Certain
Material. Client shall not knowingly or unknowingly submit to Provider for
publication any of the following material (including pictures, links, or any
other content):
(a) any material which violates or infringes any copyright, trademark, trade
secret, patent, statutory, common law or other proprietary rights of others;
(b)
any material that is libelous or slanderous;
(c)
any material which is or contains anything obscene or pornographic; or
(d)
distribution lists to be used via unsolicited electronic mail or other mass
electronic mailings including but not limited to: mass-newsgroup postings, SPAM
and unsolicited email sent from your server, or any other service on the
Internet, which contains your domain name or any other domain name on our
network
Any
violation of the above conditions will result in termination of Client's
account.
Due
to the public nature of the Internet, all material submitted by Client for
publication will be considered publicly accessible. Provider does not screen in
advance Client's material submitted to Provider for publication. Provider's
publication of material submitted by Client does not create any express or
implied approval by Provider of such material, nor does it indicate that such
material complies with the terms of this Agreement.
8.
DISCLAIMER OF WARRANTIES. PROVIDER'S
SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
PROVIDER
SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL
DAMAGES, EVE N IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH
POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR
MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF
INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER
FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
9. Limitation/Disclaimer of Liability.
Provider is not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network provider or
its customers may utilize.
Provider
does not represent or warrant to Client that Client will receive continual and
uninterrupted service during the term of this Agreement. In no event shall
Provider be liable to Client for any damages resulting from or related to any
failure or delay of Provider to provide service under this Agreement if such
delays or failures are due to strikes, riots, fire, inclement weather, acts of
God, theft or vandalism or other causes beyond Provider's control, as defined by
standard practices in the industry. Such failure or delay shall not constitute a
default under this Agreement.
10.
Indemnity. Client agrees to defend, indemnify and hold Provider
harmless from and against any and all claims, losses, liabilities and expenses
(including attorneys' fees) related to or arising out of the services provided
by Provider to Client under this Agreement, including without limitation claims
made by third parties (including customers of Client) related to any false
advertising claims, liability claims for products or services sold by Client,
claims for patent, copyright or trademark infringement, claims due to disruption
or malfunction of services provided hereunder, or for any content submitted by
Client for publication by Provider, but excluding those related to the
negligence of Provider.
11.
Governing Law/Venue. The laws of Ireland shall govern this
Agreement. Any action hereunder shall be in Dublin, Ireland.
12.
Relationship of the Parties. The parties intend that an independent
contractor relationship will be created by this contract, and that no
partnership, joint venture or employee/employer relationship is intended.
13.
Taxes. If any local governmental entity with taxing authority over
the services provided under this Agreement imposes a tax directly on the
services provided by Provider to Client under this Agreement (excluding any
income, business and occupation, capital gain, death or inheritance, or other
indirect taxes), then Provider may pass the direct amount of such cost on to
Client, and Client shall promptly pay such cost.
14.
Waiver. Any party's failure to insist on compliance or enforcement
of any provision of this Agreement shall not affect its validity or
enforceability or constitute a waiver of future enforcement of that provision or
of any other provision of this Agreement.
15.
Legal Fees. If a legal proceeding is commenced to enforce or obtain a
declaration of rights under this Agreement, the prevailing party in such
proceeding shall be entitled to recover its reasonable attorneys' fees and costs
incurred in the proceeding from the non-prevailing party, as well as any
reasonable attorneys' fees and costs that the prevailing party incurred prior to
commencing the proceeding.
16.
IP Addresses. Provider maintains
control and any ownership of any and all IP numbers and addresses that may be
assigned to Client and reserves in its sole discretion the right to change or
remove any and all IP numbers and addresses.
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