| Condition
of Use Part 2
Part 1
| 2
| 3
|
| 7 |
Service Charges |
| 7.1 |
A
Schedule of Charges for subscription
to and use of the Service is published
by the Company from time to time. |
| 7.2 |
The
Customer acknowledges and agrees with
the Company that the charges for subscription
to and use of the Service are subject
to variation upon the Company giving
not less than seven (7) days' notice. |
| 7.3 |
The
Customer shall pay the Application
Fee (if any) to the Company upon the
earlier of submission of the Application
Form and when the Customer first uses
the Service. |
| 7.4 |
The
Customer shall pay the Service Fees
to the Company within seven (7) days
after the date of the relevant invoice
by the Company. Unpaid accounts may
be locked (services temporarily stopped)
after seven (7) days with a K25 unlocking
fee applying to return accounts to
a functional state. |
| 7.5 |
The
Customer shall pay to the Company
interest calculated at the rate of
twelve per centum (12%) per annum
on any monies (including unpaid interest)
not paid on or before the due date
for payment. Interest is payable on
demand. |
| 7.6 |
Insofar
as it is lawful, neither the Application
Fee (if any) nor any part of the Service
Fees which may be paid in advance
is refundable in any circumstances. |
| 7.7 |
Any
charge incurred by the Company relating
to rejection by a bank or other financial
institution of a customer's payment
to the Company will be passed on to
and shall be payable by the Customer. |
| 7.8 |
In
addition to any other payment required
by this agreement, the Customer shall
pay to the Company, from the date
when the Company becomes liable for
goods and services tax, value added
or similar tax with respect to the
services or facilities provided by
the Company to the Customer under
this agreement or any renewal or extension
of this contract, and/or (as the case
may be) keep the Company indemnified
against, the amount of any goods or
services tax, value added or similar
tax which may be paid or payable by
the Company, or chargeable to the
Company on any charge, subscription,
outgoing or other sum or amount payable
by the Customer. |
| 8 |
Confidentiality |
| 8.1 |
The
Customer acknowledges the confidential
nature of, and the Company's intellectual
and industrial property rights in
respect of the Service. |
| 8.2 |
The
Customer shall not, without the Company's
prior written consent, copy or cause
to be copied or disclose any details
of the Company's confidential, intellectual
or industrial property rights in respect
of the Service. |
| 8.3 |
The
Customer shall not disclose its password(s)
to any third party. |
| 8.4 |
The
Customer's obligations under this
Clause 8 shall survive termination
of the Contract. |
| 9 |
Liability
of the Service Provider |
| 9.1 |
The
Company shall use all reasonable care
in provision of the Service, however,
except as expressly provided to the
contrary in the Contract, all terms,
conditions, warranties, undertakings,
inducements or representations whether
express, implied, statutory or otherwise
relating in any way to the provision
of the Service or to the Contract,
are excluded. Without limiting the
generality of the foregoing, the Company
shall not be under any liability to
the Customer in respect of any loss
or damage (including consequential
loss or damage) howsoever caused,
which may be suffered or incurred
or which may arise directly or indirectly
in respect of the equipment or the
failure or omission on the part of
the Company to comply with its obligations
under the Contract. |
| 9.2 |
Where
any Act of Parliament implies to the
Contract any term, condition or warranty
(and that Act avoids or prohibits
provisions in a contract excluding
or modifying the application of, or
exercise of, or liability under such
term) that term, condition or warranty
shall be deemed to be included in
the Contract. However, the liability
of the Company for any breach of such
term, condition or warranty shall
be limited, at the option of the Company,
to any one or more of the following: |
| |
| (a) |
if
the breach related to goods: |
| |
| (i) |
the replacement of the goods,
or the supply of equivalent goods
or payment of the cost of replacing
the goods or of acquiring equivalent
goods; or |
| (ii) |
the repair of such goods or payment
of the cost of having the goods repaired; |
|
| (b) |
if the breach relates to services: |
| |
| (i) |
the supplying of the services
again; or |
| (ii) |
the payment of the cost of having
the services supplied again. |
|
|
| 10. |
Force
Majeure |
| 10.1 |
The
Company will not be liable for any
delay or failure to perform its obligations
under the Contract if such failure
or delay is due to an act of god,
insurrection or civil disorder, war,
or military operations, national or
local emergency acts or omission of
Government or other competent authority,
industrial disputes of any kind (whether
involving the Company's employees
or contractors), fire, lightning,
explosion, flood, subsidence, inclement
weather, acts or omission of persons
or bodies for whom the Company is
not responsible or any other case
whether similar or dissimilar outside
the control of the Company. |
| 11 |
Variation
of Contract of Use |
| 11.1 |
The
Company may from time to time vary
the Contract by giving to the Customer
not less than seven (7) days notice
of such variation. |
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Conditions
of Use Part 1
| 2
| 3 |
