Terms and Conditions of Use of the Multiplex Internet Services ltd. Network

The customer acknowledges that Multiplex Internet Services ltd. provides the telecommunications network facilities underlying the services provided by Multiplex Internet Services ltd. and nominated providers it may choose. The use of Multiplex Internet Services ltd.’s telecommunications network facilities is subject to the following terms, breach of which may result in suspension or termination of the Customer’s right to use the service:-

Our services are offered on an on-going basis with all payments due in advance of any service. All charges are deemed contracted for a 12 month period from registration and thereafter are automatically renewed unless cancelled by either party giving a minimum 3 month notice in writing, irrespective of payment period. Subject to Multiplex Internet Services ltd.’s discretion, charges are not refundable. Multiplex Internet Services ltd. reserves the right to change or amend their prices without notice.

The Multiplex Internet Services ltd. network may only be used for lawful purposes by the Customer at the sites specified in the Registration Form Transmission. Any material transmitted through the Multiplex Internet Services ltd. network, or use of any part of it, in violation of any UK law or regulation is prohibited. Such prohibited transmission might include, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law.

The Customer shall be issued with a password to access the services and shall take all reasonable steps to keep such password private and confidential and ensure that it does not become known to other persons. If the password becomes known to any other person, the Customer will immediately inform the provider and the password will immediately be changed. The provider or Multiplex Internet Services ltd. may change the Customer’s password from time to time at their discretion without prior notice.

The Customer shall not use the services: for transmission of computer viruses: for transmission of any material which is defamatory, offensive or abusive or of an obscene or menacing character, or which may cause annoyance, inconvenience or needless anxiety, or for the posting of any such material to bulletin boards or news groups: in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including, but not limited to any intellectual property rights).

The Customer acknowledges that Multiplex Internet Services ltd. is unable to exercise control over the content of any information passing over the Multiplex Internet Services ltd. connection and or Multiplex Internet Services ltd. network. The Customer further acknowledges that Multiplex Internet Services ltd. hereby excludes all liability in respect of any transmission or reception of information of whatever nature.

The Multiplex Internet Services ltd. network may be used by the Customer to access other networks world-wide and the Customer agrees to conform to any acceptable use policies of Multiplex Internet Services ltd. and any such other networks. In addition the Customer undertakes to conform to any published Internet protocols and standards: RFC1009, RFC1122, RFC1123 & RFC1250 and future protocols and standards. In the event that communications by the Customer do not conform to these standards, or if the Customer makes profligate use of the Multiplex Internet Services ltd. network to the detriment of Multiplex Internet Services ltd. or any other Multiplex Internet Services ltd. Customers, Multiplex Internet Services ltd. reserves the right to restrict passage of the Customer’s communications until they give a suitable undertaking as to use.

The Customer agrees to indemnify and hold Multiplex Internet Services ltd. harmless from any claim brought by third parties, alleging the use of Multiplex Internet Services ltd. by the customer has infringed any right of any kind applicable in the UK or by International legislation and regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against Multiplex Internet Services ltd. arising from such claims. Furthermore the Customer shall provide Multiplex Internet Services ltd. with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance to defend such claims at the Customer’s sole expense.

Without prejudice to the foregoing, Multiplex Internet Services ltd. considers that any applications which transmit live video, live audio, or make similar traffic demands across the Multiplex Internet Services ltd. network by whatever means, constitute making profligate use of the Multiplex Internet Services ltd. network and as such are not permitted. Use of IP Multicast, other than by means provided and co-ordinated by Multiplex Internet Services ltd., is also prohibited.

The customer undertakes not to assign, re-sell, sublease or in any other way transfer the Multiplex Internet Services ltd. connection. Contravention of this restriction successful or not will result in the termination of the service by Multiplex Internet Services ltd., in which event the Customer is liable for a termination fee. If the customer is a duly authorised current Channel Partner of Multiplex Internet Services ltd. then the resell restriction of this clause does not apply.

Any condition or warranty that may be implied or incorporated within this contract, by reason of statute or common law, is hereby expressly excluded so far as maybe permitted by law. While Multiplex Internet Services ltd. will use all reasonable endeavours to provide a prompt and continuing service, it will not be liable for any loss of data resulting from delays, non deliveries, missed deliveries, or service interruptions caused by events beyond the control of Multiplex Internet Services ltd. or by errors or omissions of the Customer. In no circumstances whatsoever, will Multiplex Internet Services ltd. be liable for economic or consequential loss. Multiplex Internet Services ltd. specifically excludes any warranty as to the quality or accuracy of information received through the services, further Multiplex Internet Services ltd. cannot be held liable for the actions of any 3rd Party using the service.

Where Multiplex Internet Services ltd. provides added value services to its existing services in particular but not exclusively 'anti virus' products for electronic mail Multiplex Internet Services ltd. will not be held responsible for any consequential loss or damage for the failure of these services to operate to specification. In the case of failure of these added value services it is expected that the customer will have taken steps to implement contingency plans to protect its business from the effects of these Multiplex Internet Services ltd. added value services not functioning to specification or not being available.

Where Multiplex Internet Services ltd. provides hosting services the customer agrees that any equipment hosted by Multiplex Internet Services ltd. shall be treated as security for the payment by the customer for goods and services provided or to be provided under its hosting agreement.

Where Multiplex Internet Services ltd. manages the renewal of a domain with the appropriate domain licensing authority on behalf of the customer Multiplex Internet Services ltd. will take responsibility for notifying renewal and maintaining connectivity to all other services associated with that domain. Where the customer renews the domain directly with the appropriate domain licensing authority Multiplex Internet Services ltd. will not be held responsible for services associated with that domain including the continued availability of the domain. Further domain names in the .uk name space are also subject to Nominet's Terms and Conditions .

Multiplex Internet Services ltd. shall retain full ownership of and title to all equipment, software, or services (Goods) ordered by the customer and delivered to the customer or any part thereof unless and until the customer has paid all sums owing to Multiplex Internet Services ltd.. In addition where services are subject to a transfer fee or other fixed charges such as domain names then no transfer or action will occur until the customer has settled in full all outstanding commercial matters with Multiplex Internet Services ltd.. (see also Multiplex Internet Services ltd.'s Terms and Conditions of Trading).

Multiplex Internet Services ltd. reserves the right to alter these Terms and Conditions from time to time. The current Terms and Conditions applicable are those published on the Multiplex Internet Services ltd. web pages http://www.MultiplexInternetServices.co.uk/terms_conditions.html. By continuing to accept service from Multiplex Internet Services ltd. the customers is deemed to be bound by the current Terms and Conditions. Where possible Multiplex Internet Services ltd. will give advanced notice of changes to Terms and Conditions.

By accepting or using the service and or Multiplex Internet Services ltd. has supplied goods the customer is deemed to have accepted these Terms and Conditions.

This contract is governed and construed in accordance with English Law.

Multiplex Internet Services ltd. Terms & Conditions Of Trade

DEFINITIONS

1.1 ‘Company’ means the customer placing an order for Goods with Multiplex Internet Services ltd..

1.2 Multiplex Internet Services ltd. means Multiplex Internet Services ltd., its trading divisions, subsidiary or associated companies.

1.3 Goods means all equipment, software or services which are subject to the Company’s order which are to be supplied to the Company by Multiplex Internet Services ltd. under these Conditions.

ORDERS

2.1 There shall be no binding agreement between the Company and Multiplex Internet Services ltd. until the Company’s order has been accepted in writing by Multiplex Internet Services ltd.. Any prior indications by Multiplex Internet Services ltd. made verbally shall be provisional only.

2.2 All orders must be placed using the standard format specified by Multiplex Internet Services ltd. and request delivery up to 90 days of the order issue date. Orders must in any event comply with the prevailing Multiplex Internet Services ltd. ordering procedures.

2.3 All orders are accepted subject to the availability of Goods and to these Conditions. No terms or conditions put forward by the Company shall be binding on Multiplex Internet Services ltd..

2.4 The Company accepts that these Conditions and any specific details stated on its accepted order constitute the entire understanding between the parties and supersede any prior promise, representation, undertaking or understanding of any kind.

2.5 If the Company requests a change or cancellation of an order Multiplex Internet Services ltd. reserves the right to reject the change or cancellation or accept it and charge 5% of the order value.

2.6 No cancellation will be accepted in respect of orders for items not normally stocked by Multiplex Internet Services ltd.. Any such items would be specifically ordered for the Company and will be held by Multiplex Internet Services ltd. at the Company’s risk and the Company shall insure accordingly.

PRICES

3.1 Unless otherwise expressly agreed in writing the Goods shall be sold and invoiced at Multiplex Internet Services ltd.’s current prices at the date of dispatch. Catalogues, price lists, videos and other advertising material are provided for illustrative purposes only.

3.2 Unless otherwise agreed in writing prices do not include delivery and taxes (if any) and such costs shall be payable by and invoiced to the Company.

3.3 All quotations are valid only on the date given and all quotations and prices are based on details provided by the Company and do not apply where the company alters the details on which such quotations and prices are based. Multiplex Internet Services ltd. reserves the right to charge for any omission or additional cost arising from the provision of inaccurate or insufficient information by the Company and to revise prices to take into account increases in any costs of providing the Goods which occurs between the date of quotation and delivery.

DELIVERY

4.1 Delivery shall be at the Company’s premises or, if different, the place specified in the Company’s order.

4.2 Multiplex Internet Services ltd. will deliver as near as possible to the delivery premises as safe hard road permits and to the ground floor only of such premises. The Company shall provide at its own expense the labour for unloading and the Company shall unload with reasonable dispatch. Where such labour is not made available Multiplex Internet Services ltd. shall be entitled to charge the cost of labour in unloading. Damage caused due to inadequate delivery access or careless unloading shall be at the Company’s risk.

4.3 Dates and times quoted by Multiplex Internet Services ltd. are estimates only and any delay in meeting delivery dates shall not give rise to a right to cancel the order or to claim damages.

4.4 The Company shall note any claim for short delivery and/or damage to components or packaging on the delivery schedule at the time of delivery and shall confirm such claims in writing to Multiplex Internet Services ltd. within 7 days from the date of delivery. All Goods are deemed delivered and completed if such notice is not received within such period.

4.5 Multiplex Internet Services ltd. reserves the right to make part deliveries. Any request by the Company for Multiplex Internet Services ltd. to delay or split delivery may result in a stockholding charge and any additional cost incurred by Multiplex Internet Services ltd. being payable by and invoiced to the Company. Any Goods so held shall be at the risk of the Company which shall insure accordingly.

4.6 Subject to Clause 4.5 risk in the Goods shall pass on delivery or collection by the Company or its agent, whichever is the earlier.

PAYMENT

5.1 If the Company is not an account holder approved in writing by Multiplex Internet Services ltd. all invoices are payable before delivery of the Goods or immediately following submission of a pro forma invoice from Multiplex Internet Services ltd., whichever is the earlier.

5.2 If the Company is an approved account customer all invoices are payable net within 28 days of the date of the invoice.

5.3 Time is of the essence with regard to payment of any sums due to Multiplex Internet Services ltd..

5.4 The Company shall not be entitled to withhold payment of any amount due to Multiplex Internet Services ltd. in respect of any claim for damage to Goods or any alleged breach of contract by Multiplex Internet Services ltd., nor shall the Company be entitled to any right of set-off.

5.5 Without prejudice to Multiplex Internet Services ltd.’s other rights if the Company fails to pay any amount on the due date;

5.5.1 Multiplex Internet Services ltd. shall have the right to cancel any contract made with the Company and/or to suspend deliveries;

5.5.2 Multiplex Internet Services ltd. reserves the right to charge a late payment fee of £30+VAT on overdue amounts outstanding more than 30 days from invoice date;

5.5.3 the Company shall indemnify Multiplex Internet Services ltd. and keep it indemnified in respect of all costs (including legal fees) reasonably incurred in attempting to recover such overdue amounts;

5.5.4 the whole of the balance then outstanding to Multiplex Internet Services ltd. by the Company on any account whatsoever shall become immediately due and payable.

5.6 Multiplex Internet Services ltd. reserves the right to require the Company to pay for Goods in advance and to recharge or refuse discount if the Company fails to maintain credit account arrangements satisfactory to Multiplex Internet Services ltd..

TITLE

6.1 Multiplex Internet Services ltd. shall retain full ownership of and title to all Goods delivered to the Company or any part thereof unless and until the Company has paid all sums owing to Multiplex Internet Services ltd.. Multiplex Internet Services ltd. transfers no title to or ownership in Goods comprising software (or any other software) to the Company or any third party.

6.2 While any amount remains outstanding to Multiplex Internet Services ltd. from the Company;

6.2.1 the Company shall keep the Goods as fiduciary bailee for Multiplex Internet Services ltd. and shall store the Goods separately from its other chattels and in a manner which clearly shows that they are owned by Multiplex Internet Services ltd.;

6.2.2 the Company shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Multiplex Internet Services ltd.;

6.2.3 the Company will deliver up or have delivered up to Multiplex Internet Services ltd. Goods upon demand and Multiplex Internet Services ltd. may without limiting any other rights or remedies available to it at law in equity or by statute seize repossess and/or resell Goods at its discretion and in the exercise of such rights Multiplex Internet Services ltd. may enter any premises in which it reasonably believes from time to time any Goods are located;

6.2.4 the Company may only sell transfer or otherwise dispose of the Goods to its customers in the ordinary course of its business and in accordance with the provisions of these Conditions;

6.2.5 where the Company is paid by or on behalf of any customer or shall receive the proceeds of any insurance claim in respect of any Goods it shall pay such proceeds to Multiplex Internet Services ltd. as soon as reasonably practicable to do so after receipt until Multiplex Internet Services ltd. is paid in full and shall hold the same as trustee for Multiplex Internet Services ltd. and keep a separate account of all such proceeds for such purpose;

6.2.6 the Company shall take all due care (or ensure that all due care is taken) of the Goods and the Company shall bear the sole liability for insurance of the Goods and shall indemnify Multiplex Internet Services ltd. for any loss whatsoever suffered or incurred by Multiplex Internet Services ltd. arising out of any failure to insure such Goods.

WARRANTY

7.1 The Company acknowledges that Multiplex Internet Services ltd. is not the manufacturer of the Goods. Multiplex Internet Services ltd. will pass on to the Company such unexpired warranties it receives from the manufacturer of the Goods as are capable of transfer and Multiplex Internet Services ltd.’s liability shall be limited to such guarantee as it may receive from the manufacturer. In particular no warranty is given in respect of the documentation or goods or services not provided by Multiplex Internet Services ltd.. Multiplex Internet Services ltd. offers a warranty on Goods assembled by Multiplex Internet Services ltd. from component parts and details of such warranty will be provided on request.

7.2 The Company acknowledges that software products are by their very nature susceptible to imperfections in operation and subject to Clause 7.1 no warranty is given in respect thereof.

7.3 Multiplex Internet Services ltd.’s obligations and liabilities in respect of the Goods shall be limited to those set out expressly herein and Multiplex Internet Services ltd. specifically excludes but without limitation the implied conditions of satisfactory quality and fitness for any particular use or purpose. Multiplex Internet Services ltd. shall have no liability whatsoever in respect of any advice and/or information which may be given to the Company by Multiplex Internet Services ltd. relating to Goods, configuration or otherwise.

7.4 The Company shall ensure that any warranty and maintenance service performed on Goods is performed by a qualified representative authorised by the manufacturer to offer warranty and maintenance on those Goods.

7.5 Without prejudice to Clause 7.1 to 7.3 in the event of Multiplex Internet Services ltd. being shown to have been negligent in the supply of Goods or the provision of services its liability:

7.5.1 for death or personal injury of any person caused by such negligence shall be unlimited;

7.5.2 in respect of any defects in or failure of Goods or for the loss or damage attributable thereto or to the negligence of its employees in connection with the performance of their duties hereunder, shall be limited to the making good by replacement or repair of such Goods which upon inspection by Multiplex Internet Services ltd. appear to be defective and in any event Multiplex Internet Services ltd.’s maximum aggregate liability arising in respect of the supply of Goods or services shall be limited to the original VAT exclusive price for such Goods or services;

7.6 Multiplex Internet Services ltd. makes no representation and gives no warranty in respect of the sources of origin of manufacture or production of the Goods or any part thereof.

7.7 The Company is advised to keep in force a maintenance contract in respect of the Goods.

RETURNS

8.1 All Goods shall be deemed accepted unless rejected by notice in writing to Multiplex Internet Services ltd. within 7 days of delivery or collection of the Goods. Any such notice shall give detailed reasons for such rejection.

8.2 Any payment, credit or refund following return of such rejected Goods to the Company shall only be given once the same has been received by Multiplex Internet Services ltd. from the manufacturer, supplier or insurer as the case may be.

8.3 Before returning any Goods which have been rejected in accordance with Clause 8.1 the Company shall comply with Multiplex Internet Services ltd.’s returns procedure and in particular but without limitation shall obtain form Multiplex Internet Services ltd. a designated return label which will contain an identification number and which shall be affixed by the Company to the packaging of the Goods to be returned in a prominent position. The issue of a return label is solely for administrative purposes and shall not be taken as an admission of any fault and/or liability whatsoever on the part of Multiplex Internet Services ltd. in relation to the Goods being returned.

8.4 No goods shall be returned without Multiplex Internet Services ltd.’s prior approval and Multiplex Internet Services ltd. reserves the right to repair Goods rather than accept their return.

PRODUCT CHANGES

9.1 Multiplex Internet Services ltd. will use its reasonable endeavours to inform the Company of any alterations made by the manufacturer to the specification of Goods.

9.2 Multiplex Internet Services ltd. shall be entitled to substitute an alternative product of equivalent functionality and at the same price or to cancel any orders for Goods which have been declared end of life by the manufacturer.

TRADEMARKS, PATENTS AND COPYRIGHTS

10.1 The Company recognises the manufacturer’s ownership of and title to all trademarks, service marks, trade names, patents, copyright and other intellectual property rights.

10.2 The Company will take no action to violate, obliterate, remove, alter, conceal or misuse any such marks, trade name or copyright notice.

10.3 The Company will promptly notify Multiplex Internet Services ltd. if it becomes aware of any infringement of such intellectual property rights by any third party and shall provide its reasonable assistance to Multiplex Internet Services ltd. and/or the manufacturer in connection with any resultant proceedings.

CONFIDENTIAL INFORMATION

Company hereby agrees that it will use such information solely for the purpose of this Agreement and that it shall not disclose such information whether directly or indirectly to any third party.

SOFTWARE LICENSING

Multiplex Internet Services ltd. shall grant to the Company only such rights in connection with any Goods that are software and the copyright and other intellectual property rights relating thereto as it shall be licensed to grant pursuant to the terms upon which Multiplex Internet Services ltd. is licensed by the owner thereof. The Company shall only be entitled to sub-licence such software to its end user customers using the standard form license supplied by Multiplex Internet Services ltd..

EXPORT CONTROLS

The Company acknowledges that the Goods may be subject to US and local government export controls. Where these apply it is the Company’s sole responsibility to obtain authorisation from the appropriate authorities before re-exporting the Goods from the country of purchase.

SEVERABILITY

14.1 If and to the extent that any provision or any part of these Conditions is deemed to be illegal void or unenforceable for any reason then such provision or part thereof (as the case may be) shall be deemed to be severed from the remaining provisions or parts of the relevant provisions (as the case may be) all of which remaining provisions shall remain full force and effect;

14.2 In particular, should any limitation of Multiplex Internet Services ltd.’s liability contained in these Conditions be held to be illegal void or unenforceable under any applicable statute or rule of law it shall to that extent only be deemed severed here from, but, if Multiplex Internet Services ltd. thereby becomes liable for any loss or damage, such liability shall be subject to all other relevant limitations contained in these Conditions.

RECORDS

15.1 The Company shall maintain complete and accurate records of all Goods sold or returned and the names and addresses of all persons to whom software has been sub-licensed.

15.2 The Company shall provide such activity reports in connection with the sale and sub-licensing of Goods as Multiplex Internet Services ltd. shall reasonably request from time to time.

FORCE MAJEURE

16.1 Multiplex Internet Services ltd. shall not be liable to the Company on any account whatsoever in the event that Multiplex Internet Services ltd. is prevented from fulfilling its obligations hereunder due in whole or in part to an event of force majeure which expression shall mean:

16.1.1 act of God, fire, flood, storm, power failure, reduction of power supplies, mechanical failure or lack or shortage of materials or stock or any other circumstance beyond the reasonable control of Multiplex Internet Services ltd.; and

16.1.2 whether or not with Multiplex Internet Services ltd.’s control, strikes, lock-outs or industrial disputes in relation to Multiplex Internet Services ltd. or any other party or any action taken by Multiplex Internet Services ltd. in connection therewith or in consequence or furtherance thereof.

16.2 In such event Multiplex Internet Services ltd. may at its option either suspend performance or cancel the contract in question or so much of it as remains unperformed without liability for any loss and without prejudice to Multiplex Internet Services ltd.’s rights to receive payment of the price of all Goods previously delivered.

CONFIGURATION

17.1 Multiplex Internet Services ltd. will configure and install Goods to the specification provided by the Company at the time of order at such rates as it notifies to the Company from time to time.

17.2 Multiplex Internet Services ltd. will use reasonable care and skill in performing such installation/configuration and will perform such services within a reasonable time.

17.3 In the event the Company changes the specification for such installation/configuration Multiplex Internet Services ltd. reserves the right to require payment for implementing such changes at rated notified to the Company from time to time.

DISTRIBUTION AGREEMENT

18.1 Multiplex Internet Services ltd. agrees with the Company that it will comply with the obligations imposed on it by any agreement with any manufacture relating to the Goods.

18.2 The Company indemnifies Multiplex Internet Services ltd. against all costs claims expenses demands and penalties suffered or as but not limited to, sub-licensing of software, copyright and warranty provisions.

GENERAL

19.1 All Goods are manufactured for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems or in nuclear facilities, other nuclear applications, mass transportation and aviation applications.

19.2 The Company may not assign or transfer any of its rights, duties and obligations without the written consent of Multiplex Internet Services ltd..

LIABILITY

20.1 Multiplex Internet Services ltd. shall not in any circumstances whatsoever be liable for indirect or consequential loss including but not limited to loss of profits loss of data or use and shall have no liability for any claim based upon the combination operation or use of any Goods with equipment data or programming not supplied by Multiplex Internet Services ltd. or based upon a modification of the Goods.

20.2 Any action against Multiplex Internet Services ltd. must be brought no later than 12 months after the Company becomes aware that a cause of action has arisen.

RELATIONSHIP

The relationship between the Company and Multiplex Internet Services ltd. shall be as buyer and seller and nothing contained herein shall be deemed to create a partnership or agency.

LAW

These Conditions shall be construed according to the laws of England the Company and Multiplex Internet Services ltd. submit to the non-exclusive jurisdiction of the English Courts in connection with any dispute or proceedings arising out of any contract incorporating these Conditions.

Terms of use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.MultiplexInternetServices.co.uk (our site). Please read these terms of use carefully before you start to use the site.

By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

1. INFORMATION ABOUT US

1.1 www.MultiplexInternetServices.co.uk is a site operated by Multiplex Internet Services ltd. Internet Services ("We").

2. YOUR CONTRACT

2.1 Your access to this site is also subject to our Terms and Conditions. If and to the extent that there is a conflict between the terms of contract you have signed with us ("Your Contract") and the Terms and Conditions, the terms of Your Contract shall prevail.

3. ACCESSING OUR SITE

3.1 You may access our site as a registered user (either as an existing customer or if We have granted you temporary access) or as a guest.

3.2 While Your Contract is in force, you have a right to access and use this website to the extent necessary to give us instructions in relation to the services you receive or wish to receive from us, being services which are the subject of this site.

3.3 Access to our site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on our site without notice (see below). We will use reasonable endeavours to restore service if our site is unavailable at any time or for any period.

3.4 When using our site, you must comply with the provisions of our Fair Use Policy

3.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them.

3.6 Our site is accessed through the Internet which is a public system over which We have no control. It is therefore your duty to ensure that any computer or other device you use to access our site is free from and adequately protected against acquiring spy ware, computer viruses and other invasive, destructive or disruptive components.

3.7 You must immediately notify us if the site is not working properly.

4. USERNAME AND PASSWORD

4.1 If you choose, or we provide you with, a username and password to you in order to allow you access to this website you must treat this information as confidential and you must not disclose it to any third party without our express permission.

4.2 You are responsible for protecting your password and for any authorised or unauthorised use made of your username and/or password.

4.3 You will only be given access to this website if you use the username and password allocated in accordance with our instructions from time to time.

4.4 It is your responsibility to give the username and password only to your employees who have authority to access the information on this website on your behalf.

4.5 In the event access to this website becomes compromised, you will assist in the tracking and/or expulsion of the offender from access to this website to the extent We find reasonable at our sole and absolute discretion.

4.6 We shall be entitled but not obliged to prompt the user to change the password from time to time.

4.7 Your authorised signatory shall notify us in writing if you require us to delete a username and/or password and/or change any permissions associated with that username and/or password subject to any standard charges We may have from time to time.

4.8 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

5. YOUR INSTRUCTIONS

5.1 We will only accept instructions from you where access to our site appears to have been obtained using the appropriate username and password in accordance with our instructions.

5.2 We shall be under no obligation to check the authenticity of your instructions or the authority of any person or persons giving them.

5.3 If you request us to cancel or modify an instruction, We will make reasonable efforts to comply with your request. However, We are not liable for any failure to cancel or modify the instruction if such request is received at a time or under circumstances that render us unable to comply with your request.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

6.2 You may print off one copy, and you may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

6.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

6.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. RELIANCE ON INFORMATION POSTED

7.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

8. OUR SITE CHANGES REGULARLY

8.1 We aim to update our site regularly, and may change the content at any time. If the need arises, We may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and We are under no obligation to update such material.

9. OUR LIABILITY

9.1 We do not warrant or represent that the Information is or will be at any time accurate, complete or current or that the website is or will be free of defects or viruses.

9.2 To the extent permitted by law, We, other members of our group of companies and third parties connected to us hereby expressly exclude:

(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any web sites linked to it and any materials posted on it, including, without limitation any liability for:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

10. SECURITY

10.1 You agree that it is your responsibility to set-up, maintain and regularly review security arrangements concerning access to and use of the services on our site and information stored on your computing and communication systems.

10.2 You must notify us immediately of any unauthorised access to our site or any unauthorised use of this site which you are aware of.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

11.1 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

12. TRANSACTIONS CONCLUDED THROUGH OUR SITE

12.1 Contracts for the supply of services formed through our site or as a result of visits made by you are governed by our Terms and Conditions.

13. UPLOADING MATERIAL TO OUR SITE

13.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Fair Use Policy set out in our company policies section. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

13.2 Any material you upload to our site will be considered non-confidential and non-proprietary and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose if in our reasonable opinion We suspect there has been a breach of security or misuse of our system. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a breach of their intellectual property rights, or of their right to privacy. Any material which you upload must comply with the relevant data protection legislation.

13.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

13.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Fair Use Policy.

14. VIRUSES, HACKING AND OTHER OFFENCES

14.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

14.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

15. LINKING TO OUR SITE

15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15.2 You must not establish a link from any website that is not owned by you.

15.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

15.4 If you wish to make any use of material on our site other than as set out above please address your request to Nigel@MultiplexInternetServices.co.uk

16. LINKS FROM OUR SITE

16.1 In an attempt to provide increased value to our users, We may provide links to other web sites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such web sites, including (without limitation) any advertising, goods or other materials or services on or available from such web sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

17. SERVICE INTERRUPTION

17.1 We are entitled to (but not obliged to) suspend any service provided to you through this site without notice where We consider it necessary or advisable to do so in our absolute discretion, including but not limited to the following circumstances:

(a) We need to suspend access to the site for routine, non-routine or emergency maintenance;

(b) you fail to comply with any terms of this agreement or any term of Your Contract;

(c) We suspect a breach or potential breach of security.

18. TERMINATION

18.1 If you breach the terms of this agreement and/or Your Contract We may terminate your right to use our site with immediate effect.

18.2 When Your Contract comes to an end or if We suspend access to this site (whether on a temporary or a permanent basis and whether such suspension relates solely to you or other users) We shall be entitled to remove the permissions granted to your username and password and to cease to allow you access to this site.

19. JURISDICTION AND APPLICABLE LAW

19.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use are governed by English law.

20. VARIATIONS

20.1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

21. YOUR CONCERNS

21.1 If you have any concerns about material which appears on our site, please contact Sheryl@MultiplexInternetServices.co.uk.

Thank you for visiting our site.