The Order 1.1 These terms and conditions apply to your Order to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, or other document) 1.2 Signpost reserves the right not to accept Product Orders at its discretion. 1.3 Services are provided in accordance with each Order. 1.4 Your standard purchasing terms and conditions (if any) are excluded, even if such terms are attached to the Order. 1.5 You acknowledge that you have not relied on any statement promise or representation made or given by or on behalf of Signpost Internet Services LTD which is not set out in these terms and conditions. Nothing contained herein will exclude or limit Signpost Internet Services LTD's liability for fraudulent misrepresentation 1.6 You must ensure that the terms of your Order are complete and accurate. Activating the Service 2.1 Before being able to activate either Service, Signpost Internet Services Ltd will credit check the applicant 2.2 If the Service cannot be activated Signpost Internet Services Ltd will notify you as soon as possible and this Agreement will be cancelled and any payments made by you will be repaid. Signpost Internet Services LTD may propose an alternative service. If you prefer to accept the alternative instead of cancellation you will need to confirm that within 5 calendar days. 2.3 Signpost Internet Services Ltd will use its reasonable endeavours to provide the Service within 5 Business Days of the date of acceptance of the Order by Signpost Internet Services Ltd. Provision of the Service 3.1 Changes may be made to the Network or the technical specification of a Service from time to time; if these changes will detrimentally affect the Service, Signpost Internet Services Ltd will inform you in advance where possible. 3.2 It is technically impracticable for Signpost Internet Services Ltd to provide fault free Services and Signpost Internet Services Ltd does not warrant or undertake to do so. 3.3 You understand and accept that the Services are determined and governed by network speeds and availability and Signpost Internet Services Ltd rely upon other service providers for this. Signpost Internet Services Ltd give no warranty representation or undertaking as to the speed quality or availability of the service in your area or to that of your customers. Commencement and Term 4.1 Following acceptance of the order, the Service or Services shall continue to be provided for a period of not less than 24 months from the date of activation (the "Initial Term") unless otherwise stated. 4.2 If you subscribe to any of the streaming services ordered and you seek to cancel this agreement during the Initial Term you must pay a sum equal to the average charges for the remainder of the Initial Term. . 4.3 After the Initial Term either of us may cancel the Service. Cancellation requires sixty (60) days' prior written notice, such notice to take effect at the end of the Initial Term or the same day in any subsequent month. Failure to cancel within 60 days will renew the agreement for a 24 month period. 4.4 The price for the service is as stated on the contract. If you exceed this limit then Signpost Internet Services reserves the right to make additional charges for the usage above the limit at its then prevailing charge rate. Signpost Internet Services will endeavour to let you know if the bandwidth used exceeds the agreed level. Internet Connection 5.1 Signpost Internet Services Ltd makes no warranty that the Service will interoperate properly with your network provider and delays may occur if you do not have sufficient capacity. Use of Services 6.1.1 You shall not use any of the Service in connection with the carrying out of any fraudulent, criminal, or any other illegal activity; 6.1.2 Under no circumstances will the storage and transmission of pornographic materials in any form whatsoever be allowed through or on Signpost Internet Services servers. The definition of pornographic materials, is purely at the discretion of the Directors of Signpost Internet Services Ltd and any advisory government or legal body that may intervene. The decision in such matters is full and final. 6.1.3 You accept sole liability for any material including but not restricted to, data, graphic, photographic, and video supplied to Signpost Internet Services Ltd, which is subject to copyright or is judged to be of an unlawful nature or is judged to be in violation of UK or International Law or Regulation 6.1.4 The purpose of the services provided to you by Signpost Internet Services Ltd is for the storage and transmission of standard web streaming, this means that the space provided on Signpost Internet Services Servers Internet network must not be used as an FTP area for non streaming content. 6.1.5 You acknowledge that you shall be solely responsible for any violation of UK or International Law with regard to the remote loading of information of any kind onto Reefstream servers/computers, to view or download, or by a third party. Signpost Internet Services Ltd will retain the right to suspend and or terminate any remote service which they deem to be in breach of UK or International law or is of a nature which may be damaging, threatening or judged to include but not restricted to material which is obscene, indecent, libellous, subject to copyright whether or not the customer was aware of the content or the laws or regulations pertaining to it both in the UK and Internationally. 6.1.6 You acknowledge sole liability with regard to any claim by third parties alleging any infringement of rights of any kind due to transmission of any information to view by the customer and shall include any infringement of rights under UK and International law and or regulation and as such agree to pay to Signpost Internet Services Ltd any costs incurred in the defence of any action brought against them by a third party arising from such claims. 6.1.7 Security - You will treat its password as private and confidential and will not disclose or share it with any third parties. 6.1.8 You will not knowingly or recklessly transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by other Internet users; 6.2 Signpost Internet Services Ltd shall have the right to examine, from time to time, the use to which you put the Services and the nature of the data/information that you are transmitting or receiving via the Services where such examination is necessary: (i) to protect / safeguard the integrity, operation and functionality of (Reseller's) (and neighbouring) networks; or (ii) to comply with police, judicial, regulatory or governmental orders, notices, directives or requests. 6.3 You agree to indemnify Signpost Internet Services Ltd and its subcontractors from any liability or claim arising out of, or any penalty or fine imposed in respect of, your breach of this clause 6. Service Suspension or Alteration 7.1 Signpost Internet Services Ltd may suspend the provision of the Services or any part thereof, and/or to disconnect your facilities from the Network if and to the extent that: 7.1.1 Signpost Internet Services Ltd has reasonable grounds to believe that the Services are being used in breach of Clause 6; or 7.1.2 your use of the Network may damage or disrupt the proper functioning of the Network; or 7.1.3 Temporarily, for operational or technical reasons 7.2 Signpost Internet Services Ltd shall give you as much notice of a suspension under Clause 7.1.3 as is reasonably practicable in all the circumstances. 7.3 Signpost Internet Services Ltd shall be entitled to terminate or modify the Service, without any liability whatsoever, if any licence or authorisation which Signpost Internet Services Ltd requires in order to provide the Service is not obtained, withdrawn or otherwise cancelled; in the event of a modification that is detrimental to the Service, you shall have the right to terminate this Agreement with immediate effect. Charges and Credit Terms 8.1 If you subscribe to Service, clause 8.2 applies. 8.2 Prices shown are exclusive of VAT and any other taxes applicable except where shown on the order. 8.2.1 The amounts payable by you in respect of the Services are set out on your Order 8.2.3 The Recurring Charges for the Services shall accrue monthly in advance. All amounts due under this Agreement to be paid by you to Signpost Internet Services Ltd shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against Signpost Internet Services Ltd in order to justify withholding payment of any such amount in whole or in part. 8.3 Charges shown are exclusive of VAT and any other taxes applicable except where shown on the order. 8.3.1 The amounts payable by you in respect of the services are set out in your order. 8.3.2 Subject to giving you 30 days written notice prior to the effective date of the revision, Signpost Internet Services Ltd may at any time revise the amounts set out on the Order. The revised amounts shall apply to clause 8.3.1 provided to you on or after the effective date of such revision. 8.3.3 Signpost Internet Services Ltd will invoice you for Services provided pursuant to this agreement, monthly payment shall be made in full and by direct debit or credit card automatically by you within 15 days of the date of the invoice. 8.4 Signpost Internet Services Ltd may charge interest on any overdue amounts payable from the due date until payment (whether before or after judgement) at the rate of 4 percent per annum, above the base rate of HSBC bank plc from time to time. Signpost Internet Services Ltd reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. 8.5 If any sums owed by you to Signpost Internet Services Ltd remain outstanding for more than seventy-two (72) hours from the due date Signpost Internet Services Ltd may suspend the provision of Services and the performance of its associated obligations forthwith without prejudice to Signpost Internet Services Ltd rights under this Order, including its rights to payment. Migration codes will not be provided unless the account is paid up to date. Termination 9.1 Signpost Internet Services Ltd may terminate this Agreement at any time by notice, such notice to take effect forthwith if: 9.1.1 you have not paid any sums due to Signpost Internet Services Ltd 9.1.2 you have committed a material breach of this Agreement; 9.1.3 you fail to pay your debts when they become due, 9.1.4 any mortgage, charge, licence or other security interest which may for the time being affect any of your assets becomes enforceable; 9.1.5 if any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against you, or for your winding-up or dissolution or any similar action or steps are taken in relation to you and such action or step is not withdrawn within 30 days; 9.1.6 if any administrator, administrative or other receiver or trustee or similar officer is appointed over you or any steps are taken to do the same to you; 9.1.7 You go into liquidation either compulsory or voluntary (save for the purpose of reconstruction or amalgamation or, being an individual, you are the subject of a bankruptcy petition or bankruptcy order. 9.2 You may terminate an Order if the Service to be delivered under that Order is not delivered within 90 working days of the order being accepted, provided that such failure is not due to your act or omission. 9.3 The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either of us accruing up to such date; Privacy Policy Signpost Internet Services Ltd do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party. Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.Data collected by this site is used to: a. Take and fulfill customer orders b. Administer and enhance the site and service c. Only disclose information to third-parties for goods delivery purposesData collected by this site is used to: a. Take and fulfill customer orders b. Administer and enhance the site and service c. Only disclose information to third-parties for goods delivery purposesData collected by this site is used to: a. Take and fulfill customer orders b. Administer and enhance the site and service c. Only disclose information to third-parties for goods delivery purposesData collected by this site is used to: a. Take and fulfill customer orders b. Administer and enhance the site and service c. Only disclose information to third-parties for goods delivery purposes General Terms 12.1 If any provision of this Agreement is held by a court or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable. 12.2 Signpost Internet Services Ltd shall not be liable for any delay or failure in performance of its obligations to the extent that such delay or failure is attributable to matters beyond its reasonable control. 12.3 Signpost Internet Services Ltd may assign the benefit or burden of this Agreement upon notice to you. 12.4 Signpost Internet Services Ltd failure to exercise or enforce or any delay in exercising or enforcing any right or benefit conferred by this Agreement shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion. 13 GOVERNING LAW This Agreement shall be governed and construed in accordance with English law, and the Parties irrevocably agree to the non-exclusive jurisdiction of the English courts. Liability 11.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of: a) any breach of these conditions; b) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract 11.2 All warranties conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract 11.3 Nothing in these conditions excludes or limits the liability of the Company: a) for death or personal injury caused by the Company's negligence; b) under Section 2(3) Consumer Protection Act 1987; c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or d) for fraud or fraudulent misrepresentation 11.4 Subject to Conditions 10.2 and 10.3: a) the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the contract price in any 12 month period, and b) the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract. 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