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1. Definitions:
Lawyers OnLine: shall mean Lawyers OnLine Ltd.
Contract: shall mean the contract between Lawyers OnLine and the Customer
adhering to the Terms and Conditions that follow.
Internet: shall mean the global interconnected networks that adhere to
TCP / IP (Transmission Control Protocol / Internet Protocol).
Service: shall mean the Service provided by Lawyers OnLine that enables
the Customer to gain access to the Internet via dial-up, leased line or
ISDN connection and includes all services and facilities pertaining to
the Service.
Site: shall mean the premises at which the Service is provided to the
customer by Lawyers OnLine.
Name: shall mean the name assigned to the Customer in relation to the
provision of Service including any mailbox and domain Name(s).
2. Terms and Conditions of Service:
2.1. Lawyers OnLine agrees to provide the Customer with Service in accordance
with the Terms and Conditions listed as follows:
2.2. Lawyers OnLine cannot guarantee to provide a fault-free service due
to the technically complex nature of the Service provided. Lawyers OnLine
will however undertake to respond to all reported faults with a minimum
of delay and to correct all faults as speedily as possible. All faults
must be reported by the Customer by telephone, fax or electronic mail.
2.3. Lawyers OnLine will provide an estimate for date of installation.
Although Lawyers OnLine will attempt as far as it is possible to meet
this date it must be understood by the Customer that this date is still
an estimate and may be subject to alteration.
3. Service Charges and Payment Terms:
3.1. The Service will be provided for a period of twelve calendar months
beginning from the first day on which the service is fully operational.
3.2. Lawyers OnLine will ask for payment on a monthly or annual basis
payable in advance for the ongoing Service subscription. All connection
fees must be paid in advance. All charges whether ongoing or once-only
payments are as detailed in the Lawyers OnLine Pricing Policy (available
upon request).
3.3. Should these charges or rates be amended then Lawyers OnLine will
give the Customer not less than two weeks notice.
3.4. The Customer is responsible for all charges and rates pertaining
to the Lawyers OnLine Pricing Policy for Service including connection
costs (where applicable) subscription fees and charges for all services
and facilities pertaining to the provision of the Service.
3.5. Liability for charges shall commence, unless otherwise agreed, from
the first day upon which the service is fully operational.
3.6. All charges, costs, rates and fees are subject to and quoted exclusive
of VAT (Value Added Tax) and any other taxation that may be applicable.
Additional tax or taxes will be included on the Customer's invoice.
4. Customer Responsibilty:
4.1. The Customer shall be responsible for Lawyers OnLine equipment for
the duration of the period that it is installed on the Customer's Site.
The Customer shall undertake not to interfere, modify or alter this equipment
in any way. The Customer shall be responsible for the loss or damage to
all Lawyers OnLine equipment whilst it is on the Customer Site except
where the cause of this fault is directly attributable to the negligence
or mismanagement by Lawyers OnLine staff.
4.2. The Customer agrees to provide all facilities, to include electricity,
and assistance pertaining to the installation of the Service and all Lawyers
OnLine and other equipment. The Customer also agrees to provide the physical
space and environmental conditions needed to accommodate such equipment.
4.3. The Customer (or any third party) agrees not to use the Service;
4.3.1. to send or receive materials or data that is offensive, abusive,
indecent, obscene, threatening or in breach of human or civil rights,
copyright, confidence, privacy or any other legal rights.
4.3.2. in breach of all sections of this Contract.
4.3.3. other than in accordance with accepted Internet usage standards
and protocols, particularly those defined by 'CIX' (Commercial Internet
eXchange).
4.3.4. the Customer agrees not to use any Name, Electronic Mail Address,
Domain Name, Trademark or Patented name that is in breach of statute or
common law or that infringes the rights of the individual or accepted
Internet parameters. The Customer accepts that Lawyers OnLine cannot guarantee
that any Name requested by the Customer will be available for use. The
customer accepts that any Name selected for use by the Customer complies
with all trademarks and that the Customer is the exclusive owner of that
name.
4.3.5. the Customer agrees to abide by the Lawyers OnLine Acceptable
Use Policy available from the Lawyers OnLine web site.
4.4. Lawyers OnLine will treat any contravention, as stipulated in 4.3.,
whether by the Customer directly or by person(s) with or without the Customer's
consent as a breach of Contract and may decide to suspend Service and
can refuse to restore Service until such a time as the Customer
can give an acceptable guarantee that there will be no further contravention
or breach of Contract.
4.5. Lawyers OnLine shall accept no liability whatsoever for the transmission
or receipt of any information or data of whatever nature or format.
4.6. The Service shall be provided for use by the Customer only and it
will be the responsibility of the Customer to ensure that the Service
is not used by other third party or parties. Nor shall the Customer resell
directly or indirectly for money, money's worth, business or any other
kind of benefit, all or any part of the Service provided.
4.7. Lawyers OnLine is not liable in contract, tort or otherwise (to include
liability for negligence) for the following;
4.7.1. direct or indirect loss of business , revenues or profits, corruption
or destruction of data or for any other indirect or consequential loss
whatsoever.
4.7.2. for any negligence or omissions on the part of any other providers
of telecommunications services and hardware including faulty equipment.
4.8. The customer shall indemnify Lawyers OnLine against any third party
claims or legal proceedings that are brought against Lawyers OnLine that
arise from the Customer's use of the Service.
5. Lawyers OnLine's Liability and General Powers:
5.1. Lawyers OnLine may temporarily suspend the Service in order to upgrade,
repair or maintain the telecommunication link, hardware or software.
5.2. Lawyers OnLine may alter the technical specification of the Service
for operational improvements or amendments.
5.3. The Customer will allow Site access to authorised Lawyers OnLine
personnel for the purpose of providing, maintaining or improving Service.
5.4. Third party consent for the installation of Lawyers OnLine equipment
installed under this Contract must be obtained by the Customer.
5.5. Before implementing any of the above Lawyers OnLine will provide
as much notice as practicable via telephone / fax / electronic mail /
traditional mail and will endeavor to restore the Service as speedily
as possible.
5.6. In undertaking any obligation of this Contract Lawyers OnLine's duty
is to carry out the due care and attention pertaining to a fully competent
Internet access provider. Lawyers OnLine does not exclude or restrict
liability for death or personal injury caused by its own willful neglect
or negligence.
5.7. Lawyers OnLine is not liable for any breach of Contract that is beyond
its reasonable control including;;
Acts of God , Fire, Lightening, Explosion ,War, Disorder, Acts of central
or local government, Industrial disputes , Floods or other extreme weather
conditions
6. Termination of Service:
6.1. Lawyers OnLine can without prior notice fully or partially interrupt,
suspend, or terminate the Service without loss or reduction of rights
or terminate this Contract if the Customer:
6.1.1 does not pay any charge, fee, rate, or cost within 28 days of payment
due date.
6.1.2. breaks any part of this contract.
6.1.3. breaks the Acceptable
Use Policy.
6.1.4. becomes bankrupt or subject to insolvency proceedings whether voluntarily
or compulsory or has an administrator seize all or parts of its assets.
The Customer will in any eventuality remain liable for all charges, fees,
rates and costs during the period of suspension, any period where the
Customer does not comply fully with the Terms and Conditions of this Contract,
or following termination of Contract.
6.2. Upon termination of this contract the Customer shall pay Lawyers
OnLine all charges, fees, rates, and costs pertaining to the provision
of Service up to the end of this Contract except those already paid.
6.3. In the eventuality that Lawyers OnLine waives a breach of contract
then that waiver is limited to that breach only and any delay in responding
to contravention or breach of contract is not to be regarded as in itself
a waive of breach of contract.
6.4. Following the expiration of the initial twelve-month period, this
Contract may be terminated by either Lawyers OnLine or by the Customer
on giving a minimum of thirty days notice to the other.
6.5. If Lawyers OnLine gives notice to the Customer then the Customer
is obliged to settle in full charges, fees, rates and costs up to the
expiration of the notice period. Should the Customer give notice to Lawyers
OnLine then the Customer must settle in full charges, fees, rates and
costs until ninety days after Lawyers OnLine receives official confirmation
of notice in hard copy. The Customer's notice does not preclude any other
liability contained within the Terms and Conditions of this Contract.
Lawyers OnLine will repay on a pro-rata basis any charges, fees, rates
and costs paid for in advance for any period following the date upon which
the Customer's liability for payment terminates.
7. Lawyers OnLine Software and Intellectual Property Rights:
7.1. The Intellectual Property Rights within all the software provided
remain the exclusive right of Lawyers OnLine and / or of its software
providers. The Customer agrees to comply with all obligations pertaining
to these Rights.
For further clarification of these terms, Please read Lawyers Online's
Acceptable
Use Policy and Suspension
Terms.
Lawyers Online T&C - Last Revised 01/07/2003
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