The Terms and Conditions are set out below

 

 

LINGEN COMMUNITY BROADBAND

 

Terms and conditions for 

 

Lingen Community Broadband Services

 

The Customers' use of the Service (as defined below) and/or acceptance of these Terms and Conditions ("Conditions") constitute the Customers agreement to be bound by these Conditions. These Conditions must be read in conjunction with the Lingen Community Broadband Acceptable Use Policy ("AUP") which can be found at www.lingencommunitybroadband.org which may be subject to change from time to time. It is the Customers' responsibility to ensure that they comply with the latest edition of the AUP in force at any given time. 

 

These Conditions, together with Lingen Community Broadband's AUP, explain Lingen Community Broadband's responsibilities to the Customer and the Customer's responsibilities to Lingen Community Broadband and to other users of the Service ("Users"). The AUP in particular outlines what Lingen Community Broadband consider to be unacceptable use of the Internet by our customers so that Lingen Community Broadband can take appropriate steps against abusers of the Internet.

 

The AUP and the Application Form are an integral part of these Conditions and, unless otherwise expressly stated, all references to Conditions include reference to the AUP and to the Application Form. If you are a Consumer, you must be 18 years or older to register for the Service. 

 

 

1. Definitions
Please note some terms used in these Conditions will have a certain meaning: 

"LCB Wireless Connection" means the wireless link that the Customer uses to obtain telecommunications services over the Lingen Community Broadband private telecommunications (wired and wireless) network at the Premises as notified by the Customer to Lingen Community Broadband 

"Act" means the Telecommunications Act 1984; 

"Agreement" means these Conditions together with the applicable Application Form and AUP; 

"Application Form" means the form that the Customer signs when applying for the Service via email, post or fax; 

"AUP" means Acceptable Use Policy which specifies the actions prohibited by Lingen Community Broadband in the use of its Services by Customers and the Users of the network 

"Carrier" means any supplier of telecommunications services to Lingen Community Broadband for the Service; 

"Commencement Date" means the date when the Customer first receives the live Service. 

"Confidential Information" means any information of a confidential nature obtained under or in connection with this Agreement including, but not limited to, any information regarding the existence of errors or viruses found in the Service and all other information which Lingen Community Broadband characterises as confidential at the time of its disclosure either in writing or orally. Confidential Information does not include information which the Customer can demonstrate: (a) is previously rightfully known to the Customer without restriction at the time of disclosure; (b) is or becomes, from no act or omission on the Customers part, generally known in the relevant industry or public domain; (c) is disclosed to the Customer by a third party as a matter of right and without restriction at the time of disclosure; or (d) is independently developed by the Customer without Lingen Community Broadband  to the Confidential Information. 

"Customer" means the person who orders the Service and person shall be taken to include bodies corporate or unincorporate. Lingen Community Broadband may accept instructions from another person who Lingen Community Broadband reasonably believe is acting with the Customer's authority or knowledge. 

"Customer Apparatus" means apparatus belonging to the Customer not forming part of the Equipment but which may be connected to the Equipment; 

"Equipment" means any apparatus or equipment provided by Lingen Community Broadband or any third party to the Customer at the Premises to enable provision of the Service; 

"Fair Use Policy" means the Policy introduced by Lingen Community Broadband to assist in the provision of a fair level of service for all Customers 

"Minimum Period of Service" (a) For customers using Lingen Community Broadband - The minimum period will be twelve months (12) year from the commencement date.. 

"Lingen Community Broadband " means Lingen Community Broadband CIC, Lingen Village Hall, Lingen, Bucknell, SY7 0DY 

"Lingen Community Broadband System" means the telecommunication system which Lingen Community Broadband runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by Lingen Community Broadband from a third party.

•“Premises” means the Customer’s premises where the Service is to be received.

•“Service” means the installation, connection and supply of a radio wireless link supporting WIRELESS services at the Premises and the provision o telecommunication services over such circuit as detailed in our website. For further details and a description of the Service see www.lingencommunitybroadband.org

 

•“Standard Tests” means the tests carried out by Lingen Community Broadband or any third party to determine whether the Service is ready;

•“Term” is defined in clause 3.

•“Traffic” means data transmitted and received across the network.

 

 

•2.1 The Service is described on Lingen Community Broadband’s web site www.lingencommunitybroadband.org

•2.2 The provisions of the Application Form are binding on Lingen Community Broadband once Lingen Community Broadband confirm to the Customer in writing acceptance of the Customer's order. The Customer agrees to receive the Service and pay the fees for the Service as specified in this Agreement. 

2.3 Lingen Community Broadband will provide the Service to the Customer in accordance with the Conditions of this Agreement and with reasonable skill and care. It is technically impracticable to provide the Service or the telecommunications services free of faults in high hilly countryside and Lingen Community Broadband does not undertake to do so. 

2.4 Lingen Community Broadband will use its reasonable endeavours to provide a prompt and continuing Service but 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 Lingen Community Broadband , or by errors or omissions of the Customer. 

2.5 Lingen Community Broadband exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it or the accuracy of information received through it. 

2.6 To use the Service, the Customer needs to supply Lingen Community Broadband with certain details on the Application Form. Lingen Community Broadband will respect the privacy of this information and will comply with applicable data protection legislation in respect of it. 

2.7 The Customer must have an Lingen Community Broadband Wireless Connection with the Physical Characteristics in order to receive the Service. If the Customer changes from the Physical Characteristics Lingen Community Broadband cannot be held responsible if the Customer is no longer able to receive the Service. 

2.8 The Customer acknowledges that the Service will depend upon the characteristics of the Customer's Lingen Community Broadband Wireless Connection and that where the Carrier so determines it may not be possible to supply the Service. In this event Lingen Community Broadband shall have the right to terminate this Agreement without liability to the Customer. 

2.9 From time to time certain PoPs, servers, or the whole or part of the Network may be closed down for routine repair or maintenance work. Lingen Community Broadband or its authorised representative shall give as much notice as in the circumstances is reasonable and Lingen Community Broadband shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time. 

2.10 Lingen Community Broadband may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. Lingen Community Broadband will give the Customer as much notice as possible of any planned interruption of the Customer's Service. In these circumstances The Customer shall have no claim against Lingen Community Broadband for any such interruption. 

2.11 Lingen Community Broadband will correct reported faults as soon as possible. Should the Customer encounter a fault with the Service the Customer should report the fault to the Lingen Community Broadband. 

2.12  Lingen Community Broadband may include links from time to time from the Service to other Internet sites. Lingen Community Broadband have no control over the content of such sites and disclaims any liability in respect of the Customer's use of such sites. The Customer may wish to use one of the available filtering software products to help prevent access to certain web content.

2.13 The Customer acknowledges that the Service shall be provided by Lingen Community Broadband at the Premises and that under these Conditions the Customer cannot require Lingen Community Broadband to transfer the Service or Equipment to another location. In the event the Customer requests the Equipment to be moved to another location within the Premises, Lingen Community Broadband reserve the right to accept or reject such request and Lingen Community Broadband’s decision shall be final. Any expense incurred in such a move of the Equipment within the Premises shall be incurred by the Customer.

2.14 Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:

  2.14.1 redistribute, encumber, sell, rent, lease, sub-license, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part;

2.14.2  disclose Service features, errors or viruses to any third party without Lingen Community Broadband’s prior written consent;

2.14.3   use the Service except in conjunction with Lingen Community Broadband’s recommended operating environment, notified by Lingen Community Broadband; or

2.14.4 modify the Service without Lingen Community Broadband’s prior written consent.

2.15 Lingen Community Broadband reserves the right to change the Customer’s password at any time at its sole discretion.

2.16 Lingen Community Broadband reserves the right to introduce a Fair Use Policy at any time.

2.17  Lingen Community Broadband reserves the right to manage Customer Traffic across its network. This may involve restrictions to the Customer’s Service including, but not limited to, reduced connection speed, restriction of “peer to peer” downloading or imposing specific usage limits. These restrictions may be used singularly or in conjunction with others. Lingen Community Broadband reserves the right to deploy network Traffic management measures at anytime and without notice. Lingen Community Broadband undertakes to use network management to deliver a fair service to its customers.

 

3.1 This Agreement will commence on the Commencement Date and shall continue for a term equivalent to the subscription period paid by the Customer until the expiry of that subscription period or the Agreement is terminated in accordance with the terms hereof ("the Term") subject to the provisions of paragraph 13.1 

 

3.2 The Minimum Period of Service does not prevent Lingen Community Broadband from suspending or terminating the Service under paragraphs 12 and 13 of this Agreement. 

 

4.1 Lingen Community Broadband shall provide the Customer with the Service for the fees as set out on the Lingen Community Broadband website, at the time of placing an order, or on the Application Form. These fees are payable in advance from the start of the Minimum Period of Service. Payment will be due on the date specified on the invoice. Lingen Community Broadband accept cheques or standing order payments only. Save where the Service is terminated by Lingen Community Broadband without cause, the Customer shall not be entitled to a refund of subscriptions paid. Certain Lingen Community Broadband Future Services will be billable in arrears. Example of billing in arrears include charging for billable phone calls and additional usage allowance 

4.2  Lingen Community Broadband may charge interest on all outstanding amounts on a daily basis at the rate of 3% per annum above the base lending rate of Lloyds TSB plc in force from time to time, from the date of the invoice until the date of actual payment or judgement has been enforced. Additionally, Lingen Community Broadband reserves the right to terminate the provision of service to the Customer immediately if the Customer is in default of payment. Such termination is without prejudice to the rights of either party accrued prior to the date of termination. 

4.3 Any setup fees, installation fees, or charges for Wireless Customer Premise Equipment, and other equipment as specified on the online order form or on the Application Form is payable in advance by cheque.

4.4 All fees are subject to change from time to time in the event that the Carrier increases its fees to Lingen Community Broadband . Lingen Community Broadband will contact you in the event of any such increases. 

4.5 Regrades between Services may be requested by the Customer. Lingen Community Broadband will not charge for moving a customer between plans. The Customer acknowledges that some regrades may not be possible due to incompatibility of Services and Lingen Community Broadband reserves the right to refuse such regrade requests. 

4.6 In addition to the fee set out on the Lingen Community Broadband website, at time of placing an order, or on the Application Form, Lingen Community Broadband shall be entitled to charge the Customer for the reasons given. 

(a) If a customer wants to relocate the Ethernet Cable from one room/floor to another within the same building.

(b) Abortive Visit Charge - Abortive visits include attendance to incorrect address provided by the customer, site does not meet requirements specified by Lingen Community Broadband or End User is not available. 

(c) Administration Charges - Where The Customer provide illegible, materially incomplete or incorrect order details. 

(d) Reworking Charge - If the Customer consents to an Lingen Community Broadband engineer making good any existing installed wiring to make it fit for installation of the Service.

(e) Order Cancellation - If the customer requests the cancellation of the Lingen Community Broadband ADSL service five (5) or less days prior to the arranged installation date the following fees will apply: three to five (3-5) days prior to activation the cancellation fee will be £50 + VAT. two (2) days or less prior to activation the cancellation fee will be £75 + VAT. 
For the latest pricing information on the above please contact the Lingen Community Broadband on 01544 262 896.

5  The Customer hereby irrevocably gives permission to Lingen Community Broadband and its agents or contractors to;

5.1 execute any works on the Premises for, or in connection with, the installation, maintenance, adjustment repair, alteration, moving, replacement, renewal or removal of the Equipment; 

5.1.1 keep and operate the Equipment installed on, under or over the Premises; 

5.1.3 enter the Premises to inspect any telecommunication apparatus kept on, under or over the Premises or elsewhere for the purposes of the Lingen Community Broadband System. The permission set out above shall continue in force after cancellation or termination of this Agreement until such time as Lingen Community Broadband have removed all Equipment from the Premises.

5.2 The Customer must allow Lingen Community Broadband to have access to the Premises at all reasonable hours for the purpose of testing or maintaining any of the Equipment and/or the Service and provide a safe and suitable environment for such access visits.

 

6.1 Lingen Community Broadband will only arrange for the Wireless service to be provided on the customer's home or business. It is the customer's responsibility to connect any and all computers to the Internet Ready CAT5 cable provided. 

6.2. Lingen Community Broadband shall attempt to provide and install or procure the provision and installation of the Equipment at the Premises so that the Service can be provided on or before any installation date specified or agreed to by Lingen Community Broadband. Any installation date given is an estimate only and Lingen Community Broadband shall not be liable for any failure to meet such installation date. 

6.3 Lingen Community Broadband shall use its reasonable endeavours to comply with the Customer's reasonable requests in respect of installation but Lingen Community Broadband or its contractor or agents' decision on the routing of cables and wires and the positioning of outlets and other apparatus constituting the Equipment or part thereof shall be final and binding. 

6.4 A secure electricity supply is required at the Premises for the installation, operation and maintenance of the Equipment at such points and with such connections as specified by Lingen Community Broadband . Unless otherwise agreed, this power supply is to be provided by the Customer. Lingen Community Broadband shall not be responsible for interruption or failure of the Services caused by a failure of such power supply. 

6.5 The Customer acknowledge that during the installation of the Equipment for the provision of the Service the Customer's Lingen Community Broadband Wireless Connection may suffer a temporary loss of service which shall be reinstated following installation and/or interference to any other Customer Apparatus or services used in connection with the Lingen Community Broadband Wireless Connection (e.g. Lingen Community Broadband Wireless Connection security systems) without any liability to Lingen Community Broadband.

 

7.1 The Customer agrees not to do or allow anything to be done to the Premises that may cause damage to, or interfere with, the Equipment or prevent easy access to it. 

7.2 The Customer shall procure at the Customer's own expense all permissions, licences, registrations and approvals necessary for Lingen Community Broadband to deliver, install and maintain the Equipment for the provision of the Services. 

7.3 Following the installation of the Equipment Standard Tests shall be carried out by Lingen Community Broadband to ensure that the Service is ready for use. If the Service is not ready for use, Lingen Community Broadband shall either repair or replace, at its sole option, the Equipment or any part thereof and repeat the Standard Tests. The Customer shall be entitled to use the Services following Lingen Community Broadband informing the Customer of successful completion of the Standard Tests. 

7.4 The Equipment shall remain the property of Lingen Community Broadband or the supplier of such equipment (including any Carrier) and the Customer shall at all times make clear to third parties that the same is the property of Lingen Community Broadband or a third party supplier of such equipment. Lingen Community Broadband may modify, substitute, renew or add to the Equipment from time to time at its absolute discretion. 

7.5 The Customer shall be responsible for ensuring at all times the safekeeping and proper use of the Equipment after delivery and installation at the Premises. The Customer shall be liable to Lingen Community Broadband for any loss or damage to the Equipment (except where it can be shown that such loss or damage was caused by our negligence or due to fair wear and tear). The Customer will notify Lingen Community Broadband immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) the Customer undertakes: 

7.5.1 to keep the Equipment at the Premises and not to move it; 

7.5.2 to comply with all instructions as Lingen Community Broadband may notify to the Customer and/or with the manufacturer's instructions and not to use the Equipment except in accordance with such written instructions and in accordance with the law and any applicable licence granted there under; 

7.5.3 not to cause the Equipment to be repaired or otherwise maintained except by an authorised representative of Lingen Community Broadband ; 

7.5.4 not to cause any attachments other than those approved for connection under the Act to be fitted to the Equipment except in accordance with such written authorisation as may be notified by Lingen Community Broadband to the Customer from time to time; 

7.5.5 not to do anything nor to allow to subsist any circumstances likely to damage the Equipment or detract from or impair its performance or operation and not to add, modify, or in any way interfere with or impair the performance of the Equipment; and 

7.5.6 not to attempt to sell, transfer, dispose of, let, mortgage, charge, modify, extend, repair, service, tamper with, remove or interfere with the Equipment or suffer any distress, seizure or execution to be levied against or of the Equipment or otherwise do anything prejudicial to Lingen Community Broadband or the owner of such Equipment's rights in the Equipment; and 

7.5.7 not to remove, tamper with or obliterate any identification mark(s) affixed to the Equipment or to any part thereof showing that it is the property of Lingen Community Broadband or other third party supplier of such equipment. 

7.5.8 to permit Lingen Community Broadband and its employees, agents or contractors to inspect or test the Equipment at all reasonable times;

7.6 The Customer shall be liable for any loss or damage howsoever caused (including but not limited to lightning or electrical damage) to any part of the Equipment or any of its own property within the Premises (except in so far as it can be shown that such loss or damage is attributable to the negligent act or omission of Lingen Community Broadband). The Customer will notify Lingen Community Broadband immediately of any such loss or damage.

7.6.1 The Customer undertakes to indemnify Lingen Community Broadband against any and all such loss or damage referred to in this clause 7.6.

7.6.2 Wilful destruction or abuse of the Equipment may result in additional charges being payable by the Customer to Lingen Community Broadband. 

 

8.1 The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.

 

8.2 The Customer shall ensure that such Customer Apparatus complies with any applicable law. The Customer shall immediately disconnect any such apparatus if such apparatus does not, or ceases to, conform to applicable standards (if any) for the time being in force. 
Lingen Community Broadband reserves the right to disconnect any apparatus used by the Customer if the Customer does not fulfil their obligations under this Clause or if, in the opinion of Lingen Community Broadband , such apparatus may cause the death of or personal injury to any person, or damage to property, or materially impair the quality of any telecommunication service provided by means of the Lingen Community Broadband Systems, and the Customer agrees to disconnect such apparatus at the request of Lingen Community Broadband 

 

9.1 The Customer must NOT use the Service: 

9.1.1 in a way that does not comply with the Conditions or any legislation or that is in any way unlawful or fraudulent; or 

9.1.2 in connection with the carrying out of a fraud or criminal offence against any telecommunications operator; or 

9.1.3 to send, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which cause overloads to the Lingen Community Broadband System; or 

9.1.4 to send or procure the sending of unsolicited advertising or promotional material; or 

9.1.5 in a way that does not comply with any instructions given by Lingen Community Broadband for reasons of health, safety or the quality of the Carrier's telecommunications services or the Lingen Community Broadband System; or 

9.1.6 attempt to use the Service in a way that modifies, decompiles, translates, reverse engineers, reconfigures, disassembles or otherwise alter or attempt to modify or reconfigure the Service or any Equipment or software or copy any manual or documentation relating to the Service except to the extent applicable law specifically prohibits such restrictions;. 

9.1.7 distribute copies of the licensed programs or their documentation to others; 

9.1.8 rent, lease or grant its rights to the licensed programs; 

9.1.9 ship or transmit (directly or indirectly) any copies of the licensed programs or any technical data in the licensed programs or its media or any direct product thereof to any entity or country destination 

9.2 The Customer will co-operate with Lingen Community Broadband 's reasonable requests for information regarding the Customer's use of the Service and supply such information without delay. 

9.3 Where the Customer uses the Service to reach networks and services not operated by Lingen Community Broadband, the Customer will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services. 

9.4 The Customer warrants that: 

9.4.1 it, as the registered user of the account, will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text 

9.4.2 if the password becomes known to any other unauthorised user it will inform Lingen Community Broadband or its authorised representative immediately; 

9.4.3 any breach of these obligations shall entitle Lingen Community Broadband to immediately terminate the Service to the Customer without notice.

9.5 Use by others: The Customer acknowledges that Lingen Community Broadband is unable to exercise control over the content of information passing over the network utilised by the Service or via the Service, and Lingen Community Broadband hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature

 

10.1 Lingen Community Broadband shall investigate any suspected or alleged breach of these Conditions or the misuse of the Service as described in the AUP or any suspected compromise to the network utilised by the Service, systems or security and in doing so Lingen Community Broadband will act reasonably and fairly at all times. 

10.2 Lingen Community Broadband reserve the right to take any action Lingen Community Broadband deem appropriate and proportionate to the breach of the Conditions. 

10.3 If Lingen Community Broadband decide that the Customer has breached the Conditions, Lingen Community Broadband will use reasonable endeavours to ensure that the Customer is made aware of the breach without restriction suspension or termination of the Service. Depending on the severity and nature of the breach it may be necessary, to restrict suspend or end the Service without notice whilst details of the breach are investigated further and if relevant to protect other Users of the Service or network. Lingen Community Broadband reserve the right to restrict suspend or end the Customers Account at its sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking Lingen Community to any component(s) of the Service.

10.4 The Customer must notify Lingen Community Broadband immediately in writing of any allegation of infringement of any intellectual property rights prompted by its use of the Service. The Customer may not make an admission relating to an alleged infringement. The Customer must allow Lingen Community Broadband , or at Lingen Community Broadband 's election, the Carrier to conduct all negotiations and proceedings and give Lingen Community Broadband or the Carrier all reasonable assistance in doing so. The Customer must allow any part of the Service to be modified so as to avoid continuation of the alleged infringement. 

 

11.1 The Customer may end this Agreement after the Minimum Period of Service by giving Lingen Community Broadband not less than thirty (30) days written notice expiring no earlier than the end of the Minimum Period of Service or the current paid subscription, whichever is greater. If a Customer wishes to end this Agreement before the end of the Minimum Period of Service, Lingen Community Broadband shall be entitled to charge the Customer fees which would have been payable by the Customer for the balance of the Minimum Period of Service. 

11.2 The Customer may terminate services by writing to Lingen Community Broadband CIC. Lingen Village Hall, Lingen, Bucknell, SY7 0DY 

11.3 Lingen Community Broadband may end this Agreement immediately upon written notice to the Customer if: 

11.3.1 it becomes unlawful for (i) Lingen Community Broadband or the Carrier supporting the Service to continue to provide the Service; or (ii) Lingen Community Broadband or the Carrier supporting the Service is required to cease the Service by a competent regulatory authority; or 

11.3.2 the Carrier supporting the Service ceases to do so for whatever reason or materially changes the terms of its provision of telecommunications services to Lingen Community Broadband for the Service beyond the reasonable control of Lingen Community Broadband ; or 

11.3.3 The Customer (or a third party acting on the Customer's behalf or instruction) fails to comply with any of the Conditions of this Agreement including the Customer's obligation to pay and the Customer does not remedy such failure within fifteen (15) days of a request to do so. At the time of termination all outstanding amounts on the Customers account plus any additional amounts in line with the Minimum Period of Service will immediately become due. 

11.3.4 The Customer takes (or causes or permit a third party to take) any action in breach of Lingen Community Broadband's rights to the Confidential Information. 

11.5 The provisions of this Agreement regarding Confidential Information and limitation of liability shall survive the termination of the Agreement.

11.6 Upon termination of this Agreement the Customer shall immediately stop using the Service and the Customer's right to use the Service shall immediately terminate.

12.1 THE SERVICE WILL BE PROVIDED TO THE CUSTOMER "AS IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Lingen Community Broadband DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS FREE OF DEFECTS AND VIRUSES, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. FURTHER, Lingen Community Broadband DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE CUSTOMER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CUSTOMER'S USE OF THE SERVICE. 

 

13.1 Nothing in this Agreement shall exclude or limit liability for (a) death or personal injury resulting from the negligence of party or their servants, agents or employees or (b) fraud. 

13.2 Lingen Community Broadband shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for: 

13.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or 

13.2.2 any loss of goodwill or reputation; or 

13.2.3 any special, indirect or consequential losses or any destruction of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, suffered or incurred by that party arising out or in connection with the provisions of, or any matter under this Agreement. 

13.3 Subject to paragraph 15.1  Lingen Community Broadband's liability to the Customer in contract, tort, negligence, pre-contract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to £250. 

13.4 Each provision of this paragraph 15 excluding or limiting liability shall be construed separately, applying and surviving even it for any reason any other provision does not remain in force, notwithstanding the expiry or termination of this Agreement.

13.5 The Customer is solely responsible for any liability arising out of any content provided by the Customer and/or any material to which other users can link to through such content. Any data included in the Equipment upon installation by Lingen Community Broadband is for testing use only and Lingen Community Broadband hereby disclaim any and all liability arising there from.

14.1 The Customer agrees to indemnify and hold Lingen Community Broadband harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the Customer; and (b) any transmission or receipt of any content or message which the Customer has requested or made using the Service

 

15.1 Lingen Community Broadband may retain the Customer's personal data, and the Customer authorise Lingen Community Broadband to use their personal data, for the following purposes: 

15.1.1 provision of the Service to the Customer; 

15.1.2 keeping of a record for a reasonable period after termination of the Customer's Service; 

15.1.3 operation and enforcement of these Conditions; 

15.1.4 technical maintenance; 

15.1.5 transferring it to another company in the event of a sale of Lingen Community Broadband ; and 

15.1.6 legal compliance including disclosing it to any third party who Lingen Community Broadband reasonably consider has a legitimate interest in any such investigation or its outcome.

15.2 It is the Customer's responsibility to keep the personal data that the Customer provide to Lingen Community Broadband up to date. Lingen Community Broadband may send notices or other information to the Customer at the address the Customer give Lingen Community Broadband . The Customer should notify Lingen Community Broadband immediately of any change to the Customer's personal data by sending Lingen Community Broadband an email XXXXX

 

16.1 Any notice required or permitted under the Agreement must be in English and in writing. The Customer must send any such notice to Lingen Community Broadband to our mailing address.

16.2 Any notice to be sent to the Customer will be sent to the address which the Customer provided on the Application Form or such other address as the Customer shall have given written notice of as the billing address

 

17.1 Lingen Community Broadband reserve the right to assign or sub-contract any or all of its rights and obligations under this Agreement without the Customer's further consent to such assignment or sub-contract.

17.2 The Customer may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior express written consent of Lingen Community Broadband

18.1 If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party's reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other for such failure to perform its obligations

 

19. All title, interests, and rights (including intellectual property rights) in the Service remain in Lingen Community Broadband and/or its suppliers. The Customer acknowledge such title, interest and rights and the Customer shall not take any action to jeopardise, limit or interfere in any manner with Lingen Community Broadband 's (or any third party supplier's) title, interests or rights with respect to the Service including, but not limited to, using its trademarks or trade name. 

20.1 Lingen Community Broadband reserve the right to add to and/or amend the Conditions at any time. Such changes shall be notified to the Customer.  Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Website

 

21.1 The Agreement will constitute the entire agreement between the parties concerning the subject matter of these Conditions. It will supersede all prior and contemporaneous agreements, communications and representations (except for fraudulent or negligent misrepresentations) whether oral or written, between the parties relating to the subject matter of these Conditions, and all past courses of dealing or industry custom. The Agreement will prevail over any other conflicting written instrument or other notice the Customer may submit to Lingen Community Broadband . 

21.2 Any amendment to the Agreement must be in writing and signed by an authorised representative of each party. 

21.3 The Agreement shall be governed by the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the Courts of England & Wales. 

21.4 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to the Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same. 

21.5 If any provision of the Agreement (whether in part or in whole) is held by a court of competent jurisdiction to be illegal, invalid or unenforceable the remaining provisions of the Agreement shall remain in full force and effect. 

21.6 Any waiver of any breach of any provision of the Agreement will not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the Agreement. A waiver of a provision or breach of a provision of the Agreement will only be effective if made in writing and signed by an authorised representative of the waiving party. 

21.7 The licence granted under the Agreement will not create a partnership, joint venture, agency relationship or franchise relationship. 

21.8 Notwithstanding any other provision in this Agreement, nothing in this Agreement will create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the Customer or Lingen Community Broadband .