Shetland Broadband - General Terms and Conditions

Shetland Broadband LLP - General Terms and Conditions

Introduction

A brief description of Shetland Broadband's Terms and Conditions including Acceptable Use Policies published on this web site.

Duration of Agreements

This agreement shall come into effect on the Service Commencement Date and shall continue thereafter indefinitely unless earlier terminated pursuant to these Conditions.

Charges for Services

Service charges shall be paid in advance without set off or deduction by debit or credit card, BACS or Bank Cheque. Such payments shall be non refundable. All charges payable by the Customer are exclusive of Value Added Tax, duties or any other relevant sales tax for which the Customer shall be additionally liable to SBB.
The Customer shall not be entitled to any reduction in charges in the event it does not use all or any part of the Services made available under this Agreement. SBB reserves the right to amend these terms and conditions from time to time without notice. Notwithstanding the foregoing, SBB shall endeavor to give the Customer at least one month's notice by e-mail of such variation. Where SBB sends such an e-mail to the last known e-mail address of the customer, the customer shall be deemed to have received notice of such variation. The continued use of the service by the customer after SBB has issued the e-Mail shall be taken to mean that the customer explicitly consents to the change in these terms and conditions.
SBB reserves the right to charge interest on late payments from the date due at the rate of 6% above the base rate of Royal Bank of Scotland plc in force from time to time.

Provision of Services

SBB shall provide the Services to the Customer throughout the period of this Agreement. The customer shall adhere to these conditions of use. SBB reserves the right to suspend or cancel any account at its sole discretion in the event that a Customer does not fulfill its obligations under this Agreement.
The customer accepts that SBB may suspend the service to the customer based on the receipt of information from any third party entirely at the sole discretion of SBB.

Customer Apparatus

"Customer Apparatus" means any apparatus situated at the Customer's Premises, including any hardware and software used by the Customer in order to obtain the Services.
The Customer shall, at its own cost, be responsible for the installation and maintenance of any Customer Apparatus.
The customer will keep all passwords secret and will not disclose them to third parties for any purpose. The customer will notify SBB and change any passwords which they believe may have been compromised.
The customer will not procure or attempt to procure the password of any other user of the service.
SBB reserves the right to suspend or change any password that it believes may have been compromised.

Use of Services

The Customer shall not knowingly use the Services to receive or transmit material that is obscene, threatening, menacing, offensive, defamatory, in breach of confidence or in breach of copyright or any other third party intellectual property rights or is otherwise contrary to any applicable law or regulation.
It shall be a breach of the terms and conditions of service for the customer to allow whether knowingly or otherwise the service to be used for the purposes of sending chain letters, bulk unsolicited e-mails, cross postings of news items to unrelated groups, excessive multiple postings of articles to news groups, posting of binary material to non-binary groups or forging e-mail addresses headers or IP addresses.
If the Customer makes use of the Services in any way which is to the detriment of SBB or SBB's Customers, SBB will reserve the right to suspend the use of the Services. Without prejudice to the foregoing SBB considers that any applications which make excessive use of the Services to the detriment of SBB are expressly prohibited.
The customer shall be aware of, and adhere to SBB's Acceptable Use Policies (AUPs) detailed elsewhere on this web site.

Limitation of Liability and Indemnity

The Customer acknowledges that SBB is unable to exercise control over the content of information passed using the Services and SBB hereby excludes liability of any kind arising as a result of the transmission or reception of any information of whatever nature. SBB accepts no liability for any use the customer makes of the services, or for any charges that the customer may incur with any third party.
SBB has no obligation, duty or liability in contract, tort, or breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care. In any event in no circumstance shall SBB be liable in contract, tort (including negligence or breach of statutory duty), or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss whatever.
The Service is not fault free and the Customer shall be entitled only to the quality of service provided by SBB. SBB will use all reasonable endeavors to maintain services, but SBB reserves the right to suspend the service for operational reasons in the interests of improving or protecting the service of SBB. The Customer will not be eligible for any compensation because they cannot use the service or because of a failure, suspension or withdrawal of all or part of the service. SBB reserve the right to change the service at any time.
SBB accept no liability for failure of Internet Services run by Domain Name Registrar's, or Key Word and Search Engine providers, to provide adequate or any service.
If the Service is to be provided by a date specified by the Customer or SBB such date shall be treated as an estimate and SBB does not accept any liability for failure to meet the date.
SBB shall not be liable for any loss or damage whatsoever caused by any failure to perform any obligations under this contract if such failure is caused by or attributable to events, acts or omissions beyond its control, including the acts or omissions of other telecommunications providers.
The Customer shall (without prejudice to the other rights and remedies of SBB) indemnify, defend and hold harmless SBB in full against all losses, costs, damages, charges, expenses and other liabilities awarded against or incurred by SBB as a result of or in connection with any claim made against SBB by any third party in respect of use of all or part of the Services by the Customer in contravention of the above conditions.
The Customer shall promptly inform SBB fully of any actual, threatened or suspected claims or proceedings which come to the Customer's notice that use of the Services infringes any of the matters specified in these Conditions. Where the Customer has notified SBB of such conditions, SBB shall take such action as it deems reasonable. The Customer undertakes with SBB that it will, at the request of SBB, do all such things as may be reasonably required to assist SBB in defending or resisting any proceedings.
The provisions of this Condition 7 shall survive termination of the Agreement. The customer shall indemnify SBB without limitation of liability in respect of loss or damage (howsoever caused) suffered by SBB through the breach of these conditions of use. The customer will also meet SBB legal costs in respect of pursuing or defending any action resulting from a breach of the conditions of use'.

Terminology Used in These Terms and Conditions

"SBB" is an abbreviation of "Shetland Broadband LLP" (and also refers to Shetland Internet and Calloo Internet).

"SCBP" is an abbreviation of "Shetland Community Broadband Project".

"Account" means any package of services SBB provides to you (the customer), irrespective of whether they are paid for or free.

"AUP" refers to the Acceptable Use Policies of SBB.

"Broadband" is the collective term for a method of connection to the internet such as ADSL, fibre, radio etc..

"Customer" refers to an individual, organisation or business who is named as the recipient of a service or product provided by SBB, irrespective of whether they are paid for or free.

"Free" means that SBB do not currently make any charges to the customer for the service.

"Licence" refers to the permission given to a customer by SBB to use a named sub-domain of a domain registered to SBB eg "shetland.co.uk" and "calloo.co.uk".

"Licensee" refers to an individual, organisation or business to whom SBB has granted a licence.

"Malware" is an umbrella term used to refer to a variety of forms of hostile or intrusive software, including computer viruses, worms, trojan horses, ransomware, spyware, adware, scareware, and other malicious programs. It can take the form of executable code, scripts, active content, and other software.

"Net abuse" means any breach of SBB's Acceptable Use Policies

"Free web space" refers to web space given without charge by SBB to a customer for use with another SBB service. The free web space is conditional and only available for the duration of that account.

"Poster" means the author of the unacceptable article(s). This may or may not be the same as the customer, however, customers are ultimately responsible for all poster(s) using their accounts.