 12 Months Service Agreement
Subject to the terms and conditions of this service agreement, "the service receiver" hereby agrees:-
1. To allow reasonable access to the engineers of the "service provider" to the address shown on the 12 month service agreement.
2. To pay the detailed costs specified on the agreement in the manner prescribed.
3. To strictly adhere to the terms and conditions of this service agreement.
4. That (He)(She)(They) will abide by the decision(s) of the engineer(s) of the “service provider” in all matters concerning the installation of equipment but in particular, in determining whether or not the strength and quality of signal obtained is a workable signal and whether it is appropriate to use an antenna pole to improve the strength and quality of signal and should the engineer decide to do so, the "service receiver" hereby agrees to pay the associated costs in full at the time of installation and in accordance with the charges quoted on the service agreement under the heading "extra equipment and service” - "Antenna pole and brackets."
Subject to the terms and conditions of this service agreement, the "service provider" hereby agrees:-
1. To provide a pre-arranged installation appointment at which time the engineer(s) of the "service provider" will visit the address of the "service receiver" (as detailed on the 12 month service agreement) to carry out an installation of equipment in order to enable the "service receiver" to gain access to the internet.
(i) It should be noted by the "service receiver" that the installation appointment referred to above will be made in good faith but that on some days, the engineer(s) of the "service provider" are scheduled with two or more appointments on the same day. Due to the complexities involved in aligning the on-site CPE antenna to obtain the best possible signal strength and quality, sometimes the engineer(s) may take longer than usual on a particularly difficult installation. This can result in a delay, meaning that the engineer(s) are late getting to their next scheduled appointment.
Sometimes, on installations carried out in the early afternoon, a long delay may result in the final appointment of the day being re-scheduled to the next day. We ask the "service receiver" to acknowledge the difficulties that the engineer(s) can sometimes face and to co-operate in the event that the engineer(s) are late or, if your scheduled appointment has to be re-arranged. The "service provider" undertakes to inform the "service receiver" of any delays or re-scheduling as soon as is reasonably practicable.
2. On the day of installation, the engineer(s) of the "service provider" will attend the address (as detailed on the 12 month service agreement.) The installation process is as follows:-
(i) The installation engineer(s) will request to see the location of the computer.
(ii) The best position for the location of the on-site CPE antenna will be determined taking into account the location of the computer, the location of the base station, the surrounding landscape and or obstructions to line of sight, the route for the cable run and the thoughts and opinions of the "service receiver"
(iii) The installation engineer(s) will advise the "service receiver" of the location that has been chosen for the on-site CPE antenna and whether an aluminium antenna pole will be required. The cost of aluminium antenna poles is detailed in the service agreement titled "extra equipment and services (Determined at time of installation)"
(iv) The installation engineer(s) will then plan and measure the route that the cabling will take from the on-site CPE antenna to the computer and advise the “service receiver” whether the cabling run exceeds the 20 metre run that is allowed for in this service agreement. If the cabling run does exceed 20m, the engineer(s) will advise the “service receiver” of any additional cost. The cost of a longer than usual cable run is detailed in the section of this service agreement titled "extra equipment and services (Determined at time of installation)"
(v) The installation engineer(s) will then unload all the tools and equipment required to complete the installation and install the on-site CPE antenna and connect it to the computer of the “service receiver.”
(vi) The installation engineer(s) will then test and configure the network card in the computer. If the computer does not have a network card, or it is not functioning correctly, the installation engineer(s) will inform the “service receiver” of any additional cost and install and configure a new network card. The cost of network cards is detailed in the section of this service agreement titled "extra equipment and services (Determined at time of installation)"
(vii) The installation engineer(s) will then align the on-site CPE antenna to obtain the best strength and quality of signal available in that location and advise the “service receiver” whether the signal is good, workable or poor.
The “No Charge” on-site CPE antenna is a low power CPE antenna which works perfectly up to a certain distance. The strength and quality of signal is determined by a number of factors, the distance to the base station, the surrounding terrain, the presence of any interfering obstructions, the difference in height above sea level and whether there is clear line of sight between the two locations. It should be noted by the "service receiver" that the amount of bandwidth that can be delivered on a signal is determined by its strength and quality. If any of the abovementioned factors are an issue, the quality and strength of signal will be affected, as too will the amount of bandwidth that the signal is able to carry.
(viii) The “service receiver” upon receiving the instructions of the engineer(s) can then decide from the following options which course of action they wish to take.
If the signal is good, the installation shall be deemed to be completed in accordance with the terms and conditions of this service agreement and the engineer(s) will complete the installation which involves finally fixing the on-site CPE antenna, cabling and clipping, configuring the computer of the “service receiver” to work with the on-site CPE antenna and completing the necessary paperwork.
If, according to the engineer(s) the signal obtained is a workable signal, the installation shall be deemed to be completed in accordance with the terms and conditions of this service agreement however, the "service receiver" may in any event, decide that they want a stronger better quality signal. If this is the case, the "service receiver" is at liberty to instruct the engineer(s) to use a higher power on-site CPE antenna. The additional cost of a higher power on-site CPE antenna is detailed in the section of this service agreement titled "extra equipment and services (Determined at time of installation.)" If the "service receiver" decides to do this, it is hereby agreed and declared that the “service receiver” will pay the extra amount due at the time of installation.
If, according to the engineer(s) the signal obtained is a workable signal, the installation shall be deemed to be completed in accordance with the terms and conditions of this service agreement however, the "service receiver" may in any event, decide that they do not want to continue with this service agreement and is at liberty to instruct the engineer(s) to remove the on-site CPE antenna. If the "service receiver" decides to take this course of action, the monies paid by the "service receiver" will be refunded, less the amount of the installation charge for labour.
If, according to the engineer(s) the signal obtained is not a workable signal, the engineer will immediately inform the "service receiver" who may then decide to instruct the engineer(s) to use a higher power on-site CPE antenna. The additional cost of a higher power on-site CPE antenna is detailed in the section of this service agreement titled "extra equipment and services (Determined at time of installation)"
If the "service receiver" decides to do this, it is hereby agreed and declared that the “service receiver” will pay the extra amount due at the time of installation. Alternatively, the "service receiver" may decide to instruct the engineer(s) to remove the on-site CPE antenna and not to continue with this service agreement in which case, the monies paid by the "service receiver" will be refunded in full.
(ix) The final outcome will depend upon the strength and quality of signal obtained and how this affects the decision of the “service receiver” which is final. If the strength and quality of signal obtained is anything other than good, the engineer(s) will inform the “service receiver” of their findings, will advise them of the possible courses of action open to them and will then accept the instructions of the “service receiver” and take the appropriate course of action.
3. If the "service receiver" accepts the "No charge" on-site CPE antenna on the day of the installation but then subsequently requests the "service provider" to install a higher power on-site CPE antenna, the additional cost of the equipment, as specified in the section headed "extra equipment and services (Determined at time of installation)" will be increased by the amount of the charge for "labour on installation"
4. The “service receiver” should note that any additional configuring of the computer, other than for internet access will incur an extra charge as appropriate. The additional cost of further configuring the computer is detailed in the section of this service agreement titled "extra equipment and services (Determined at time of installation)" If the "service receiver" decides to instruct the engineer(s) in this regard, it is hereby agreed and declared that the “service receiver” will pay the extra amount due at the time of installation.
General Terms and Conditions of the Service Agreement
The “service provider,” subject to the following terms and conditions of this service agreement, agrees to provide continuous access to the internet for a period of 12 months from the date of installation of the equipment and commencement of service together with providing two e-mail addresses and access to the local e-mail server of the "service provider" including its send and receive facilities. This is subject to 'fair usage' of the bandwidth. Any continual downloaders/uploaders will have their bandwidth queue shaped to an amount which the 'service providers' class as normal usage. In addition, the “service provider” agrees to make available various other pieces of software, facilities and on-line services as and when available from time to time.
1. The "service provider" follows a policy of continual improvement meaning that our e-mail and other on-line community services are constantly under review. This means that periodically the base code is amended or upgraded. Users of any of these systems must keep their own back up of any important data as the "service provider" will not be held responsible for any loss of data.
2. The "service provider" cannot be held responsible for any interruption in service that is due to any matter that is reasonably beyond our control such as power cuts, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or any other similar events affecting any one of our suppliers. We will endeavour to minimize disruption in any such circumstances and will work very hard to re-connect you in the event that we do suffer from any of the aforementioned problems.
3. The "service provider" cannot guarantee that the service will be interruption free. We may periodically or repeatedly suspend service for operational reasons such as maintenance or software upgrades or because of an emergency such as a virus attack or other unforeseen problem. Wherever possible, we will of course give you reasonable notice before we temporarily suspend or interrupt the service and as always, will work tirelessly to bring you the best quality service available.
4. The "service provider" wholly depends upon the service that it receives from its fiber optic internet connection. From time to time, varying conditions on the fiber optic and downlink, mean that there may be an interruption in service. We shall of course work continually to minimize any down time and will endeavour to keep you informed in advance of any such likely occurrences
5. It is technically impossible for the "service provider" to provide a service that is free from errors and/or faults and we do not undertake to do so. We will as always, provide you with the best technical support that is available. It is in our interests to immediately tend to any and all emergencies that result in a discontinuation of service. You can contact us at support@the-internet-club.net or on (009) 0533 843 1149.
6. The “service receiver” will be connected to the internet via the local network intranet of the “server provider” which is not restricted or subjected to any bandwidth speed restrictions other than the speed at which the system operates which is 11 Megabits per second (the true send and receive speed of the radio frequency that connects the “service receiver” to the server of the “service provider.”) For the purposes of this service agreement, general internet surfing is classified as activities that take the “service receiver” outside this network and on to the world wide web or internet and shall include searching for, looking at, reading and referencing from web pages and web sites e-mailing, with or without attachments and the periodic uploading and/or downloading of reasonably sized files. It does not however, include constant downloading or uploading or any bandwidth streaming activities such as the receipt of audio or video channels from the internet.
The speed of an internet connection is measured in kbps (kilo bits per second.) There are 8 kb (kilo bits) in each KB (Kilo Byte.) There are 1024 kb (kilo bits) or 128 KB (Kilo Bytes) in a Megabit. Under the terms and conditions of this service agreement, the “service receiver” is entitled to an allocation of 128 kbps (kilo bits per second) of guaranteed bandwidth for the purpose of general surfing of the internet. The “service receiver” should note that the “service provider” has service agreements with other service receivers who also receive guaranteed bandwidth allocations and further that, the system is programmed so that each “service receiver” accessing the system at any particular time will receive, not only their guaranteed bandwidth allocation but also, a share of the guaranteed bandwidth allocation from the other service receivers that are not accessing the system at that particular time. This bandwidth is called shared bandwidth. Under the terms and conditions of this service agreement, the “service receiver” is also entitled to an allocation of up to 3968 kb (kilo bits) of shared bandwidth.
The speed of an internet connection from the “service provider” relies upon, not only the amount of service receivers accessing the system at any particular time but also, many other varying factors outside of our control including the speed of, and restrictions placed upon all of the networks across the internet. We will of course endeavour to maximize the speed of your internet connection at all times, undertake to not saturate our system with too many service receivers and will always supply a connection to the internet at ‘best effort' speed however, the “service receiver” should note that this speed can and will fluctuate and hereby declares that they understand why this is so.
7. The internet connection is being supplied for residential use only with one personal computer. The "service provider" does not give any warranty of reliability for use as a business internet connection. Further, the "service provider" cannot be held responsible in any way for any business costs or losses sustained arising out of the supply of this internet connection, for whatever reason.
8. The 'service provider' will send e-mails reminding the 'service receiver' of any monies due. If, after reminding the 'service receiver', any monies due to be paid remain unpaid by the due date, the "service provider" has the right to disconnect the 'service receiver' from the internet and only re-connect upon payment of a re-connection fee of Ł40.00 together with the total balance of the remainder of your 12 month service agreement value or any other monies due.
9. Extra charges will be made on installations where access to the roof is restricted or dangerous or where unusual ancillary materials are required to complete the installation such as plastic conduit or special brackets or in fact, any materials or tasks used or completed, at the insistence of the "service receiver," that result in additional cost or more time than usual being spent on the installation.
10. It is the responsibility of the "service receiver" to adequately protect the equipment and antenna with an anti-surge device and/or an uninterruptible power supply that is approved by the “service provider”. Surges of electricity can damage the electronic circuits in the antenna resulting in reduced performance or complete loss of the equipment. In such circumstances, the cost of replacement will lie with the "service receiver." Please make sure that you have the appropriate equipment available at the time of installation otherwise the installation may not be able to be completed resulting in the engineer(s) calling out twice and charging for a second visit to complete the installation.
11. It may be necessary for the "service provider" to make minor modifications to your computer for it to work on our system and that any such modifications may invalidate the terms of any warranty you may have concerning your computer or any other equipment attached to your computer. The "service provider" shall incur no liability in such circumstances and it is the responsibility of the service receiver to make sure that no such breach occurs.
12. The "service provider" will re-locate your installation to an alternative property to that of the original installation. Please obtain a quotation if the need arises.
13. You must use the internet connection in a manner deemed to be appropriate to all the relevant local/current customs, laws and legislation.
You must not use the internet connection to facilitate transmission, inward or outward of any material that is unlawful or unlawfully indecent, abusive, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights, or that contravenes any internationally recognised laws, standards, customs or legislation, or that is fraudulent or intended to mislead anyone in any way. You must not use the internet connection to facilitate transmission of any unsolicited advertising or promotional material.
The "service provider" allows freedom of internet usage in the privacy of your home and we do not monitor or filter information sent or received over our internet connections. However, in the event that you do utilize the internet connection in any manner as prescribed above and this results in the threat of a claim, or any claim being made against the "service provider", you must fully indemnify us against the costs incurred from any threats of, or resulting legal action, claims, costs and awards etc.
11. We do not offer any guarantees or warranties against spam or virus attacks but periodically, in order to prevent spam and viruses entering our system, it may be necessary for us to block or delete certain inward and/or outward e-mails. We cannot be held responsible for any resulting costs or losses. Further, customer e-mails with attachments must be kept smaller than the two megabyte limit. Larger e-mails slow down the system considerably resulting in loss of performance and must be broken down into smaller pieces of data by the “service receiver”
12. The "service provider" will not be liable to you, either in contract, tort (including negligence) or otherwise for any losses incurred by you howsoever arising from the supply of this internet connection.
13. In the event that service is terminated by the "service provider" for any breach in terms 8, no monies will be refunded to the service receiver.
14. In the event that the internet suppliers of the "service provider" cannot maintain a satisfactory connection and no other comparable alternative is available, the "service provider" is entitled to cancel this service agreement at any time. In the event that this occurs, a refund in the amount of the outstanding undelivered service time will be calculated, rounded to the nearest beginning or end of the appropriate month, using the 15th day of each month as the cut off date.
15. The terms and conditions of this service agreement shall be governed by and construed in accordance with the laws of the Turkish Republic of Northern Cyprus and each of the parties hereby agree to submit to the exclusive jurisdiction of the Courts in respect of any dispute or matter arising.
16. No variance of these terms and conditions is allowed except in writing, officially addressed and delivered to the premises or to the e-mail address of the opposite party. All such notices must be signed by either the CEO of the "service provider" or the "service receiver."
17. The "service provider" reserves the right to transfer this service in whole or in part to a third party individual or company or to sub contract any or all of the services relating to the internet to an alternative source. In such circumstances, we shall endeavour to make sure that there will be no detrimental affect to either you or the service provided.
18. If one or more of any of the terms and conditions of this agreement is or are deemed to be un-enforceable under the law, it will be noted that the term and condition(s) had not been included in the first place and will not affect the enforceability of the remainder of them.
19. Any failure or delay in exercising a right to remedy under these terms and conditions shall not constitute a waiver of the right to a remedy.
20. Any and all reported internet related problems that a "service receiver" may experience will be dealt with promptly and courteously. Any call outs to solve internet related problems will of course be made without cost to the "service receiver" however, call outs made as a result of non-internet related problems will be charged between Ł10 and Ł15 per call out for the first hour, depending on location, plus any other charges for parts etc. Each additional hour or part thereof will be charged at Ł7 per hour thereafter.
21. The “service receiver” should note that these terms and conditions may be amended or added to from time to time and that the “service provider” will notify the “service receiver” of any such amendments or additions, by e-mail. In the event that the “service receiver” does not agree with any such amendments or additions, the “service receiver” is at liberty to notify the “service provider” of this by e-mail within 7 days of receipt of the original e-mail from the “service provider”. In such instances, the “service provider” will then have the right to either, waive the amendment or addition to the terms and conditions, or to terminate this service agreement.
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