Business Terms and Conditions

Overview and Details

ClubWifi Ltd users receive their service subject to the following terms and conditions. By using our systems, all subscribers agree to adhere to conditions of use. If you have any comments or questions regarding the policy, please email us at info@clubwifi.co.uk

1 . Definitions

"Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol")

"Minimum Period of Service" means the first month 12 months of service when payment is made for a minimal annual contract basis;

"Service" means the provision of server capacity on the World Wide Web and, where applicable, any other services and facilities provided by ClubWifi Ltd for the Customer in connection with the Service;

"Third Party Information" means any visual, textual or other information not owned or generated by the Customer published on the web site established by the Customer on the Internet using the Service;

2. Provision of Service

 

2.1 ClubWifi Ltd agrees to provide the Customer with the Service on the conditions of this Contract.

2.2 If the Service is to be provided by a date specified by the Customer or ClubWifi Ltd, such date shall be treated as an estimate only and ClubWifi Ltd does not accept any liability for any failure to meet the date.

2.3 It is technically impracticable to provide the Service free of faults and ClubWifi Ltd does not undertake to do so. ClubWifi Ltd will correct reported faults as soon as it reasonably can. These faults do need to be reported by either party in a timely manner.

2.4 The Service can only be used if the Customer has access to telecommunications services of a sufficient standard. This Contract does not include the provision of any telecommunications service for access to ClubWifi Ltd. Recommendations are just that and do not warranty any level of guarantee of telecommunications service.

2.5 The Customer is responsible for providing an unlimited and unrestricted internet connection (a business account where practicable).

2.6 Occasionally ClubWifi Ltd may:

2.6.1 For operational reasons change the technical specification of the Service (provided that it does not materially affect the performance of the Service);

2.6.2 Temporarily suspend the Service for repair, maintenance or improvement of the Service but before doing so will give as much on-line, written or oral notice as is reasonably practicable. ClubWifi Ltd will restore Service as soon as it reasonably can after temporary suspension;

2.6.3 Give instructions about the use of the Service which ClubWifi Ltd thinks are reasonably necessary for the interests of health, safety or the quality of the Service to the Customer or any other customer.

3. Minimum Period of Service

The Minimum Period of Service begins on the date when the Service is first made available to the Customer, but it does not prevent ClubWifi Ltd from exercising its rights to suspend the Service, or, subject to paragraphs 8 and 9, either party from terminating this Contract or the provision of a service or facility under it.

4. Charges

 

4.1 The Customer agrees to pay all charges for the Service as specified in the Price List.

4.2 Subject to paragraph 4.3, charges are payable in advance. Unless ClubWifi Ltd notifies the Customer to the contrary, the Customer's liability for charges will start from the first day of the Minimum Period of Service.

4.3 Charges are payable on demand and, unless the Price List provides otherwise, charges for the Service are exclusive of VAT and any other applicable sales taxes which will be added to the Customer's bill at the prevailing rate.

4.4 ClubWifi Ltd reserves the right to vary any of the charges for the Service at any time but will give the Customer a minimum of 14 days' notice before the new charges become effective.

4.5 Clubwifi Ltd accepts no responsibility for your current equipment/broadband and agreed supply contracts in place. If this equipment is faulty - we are able to fix - yet you will be charged - or - contact your current supplier.

4.6 Faulty equipment will be replaced at no cost as long as it is within 12 months standard manufactures warranty of original installation. outside this timeline, you will be charged for replacement/faulty equipment plus labour.

4.7 Labour costs cover, setup, installation, configuration and testing, engineer travel to and from the site.

5. Security


5.1 All user names and passwords are servers delivered if at any time a user has difficulty.

5.2 The Customer must immediately inform ClubWifi Ltd if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

5.3 Provision of this network service is secure, ClubWifi Ltd or the customer is not responsible for the use of this network at any time.

6. Use of Service


6.1 The Service must not be used:

6.1.1 Fraudulently or in connection with a criminal offence;

6.1.2 To send, receive, upload, download, use or re-use any information or material which is offensive, abusive, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;

6.1.3 Other than in accordance with the acceptable use policies of any connected networks and the Internet Standards.

7. Confidentiality

 

7.1 The Customer shall keep in confidence any information of a confidential nature relating to the Service obtained from ClubWifi Ltd under this Contract and must not disclose such information to any other person without ClubWifi Ltd’s prior written consent, provided that this restriction does not apply to information which is:

7.1.1 In the public domain otherwise than in breach of this Contract;

7.1.2 Lawfully obtained from a third party which is free to disclose it;

7.1.3 Required to be disclosed by law or competent authority;

7.1.4 In the lawful possession of the Customer prior to disclosure.

7.2 The restrictions in this paragraph shall survive the termination or expiry of this Contract.

8. Breaches of Contract

 

8.1.1 the Customer:

(a) Does not pay any charge within 28 (twenty-eight) days of it falling due; or

(b) Commits a breach of this Contract and if it is possible to remedy, fails to remedy the breach within a reasonable time of written notice to do so or if it is not possible to remedy the breach; or

8.1.2 ClubWifi Ltd believes the Service is being used in a manner prohibited under paragraph 6 even if the Customer is unaware that the Service is being used in such away.

ClubWifi Ltd can terminate this Contract or suspend the Service or any part of the Service (or both) without notice, and claim for the resulting losses or expenses. If ClubWifi Ltd suspends the Service under this paragraph, ClubWifi Ltd can refuse to restore the Service until ClubWifi Ltd receives an acceptable assurance from the Customer that there will be no further breach of this Contract.

8.2 ClubWifi Ltd can also terminate this Contract if the Customer is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors or if any of its assets are the subject of any form of seizure or goes into liquidation, either voluntary (otherwise than for reconstruction or amalgamation) or compulsory, or if a receiver or administrator is appointed over its assets.

8.3 On termination under paragraphs 8.1 or 8.2, the Customer shall pay to ClubWifi Ltd all charges which are due for the Service under this Contract, including any unpaid charges for the remainder (if any) of the Minimum Period of Service.

8.4 The Customer will remain liable to pay all charges which are due for the Service during any period in which the Customer does not comply with this Contract.

8.5 If ClubWifi Ltd waives a breach of this Contract by the Customer, that waiver is limited to that particular breach.

ClubWifi’s delay in acting upon a breach is not to be regarded in itself as a waiver.

9. Termination of Notice

 

9.1 Either party can terminate this Contract on giving 30 days' notice to the other party.

9.2 If notice is given under paragraph 9.1, either the customer or ClubWifi Ltd will pay any due monies to either party owed.

9.3 Termination by notice under this paragraph 9 does not avoid any liability for Service already provided.

10. ClubWifi's Liability

10.1 ClubWifi's duty in performing any obligation under this Contract is only to exercise the reasonable skill and care of a competent Internet service provider.

10.2 ClubWifi accepts no liability for death or personal injury caused by ClubWifi’s negligence.

10.3 The Customer accepts that ClubWifi is under no obligation to monitor or approve Information and Third Party Information and that ClubWifi does not examine the use to which customers put the Service. 

10.4 ClubWifi excludes all liability of any kind for all material comprising Information or Third Party Information and is not responsible for the provision or delivery of any goods and services (including Information) advertised, sold or otherwise made available by means of the Service.

10.5 ClubWifi Ltd is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including Internet registration authorities) or for faults in or failures of their equipment.

10.6 ClubWifi Ltd is not liable to the Customer either in contract, tort (including negligence) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss whatever.

10.7 Each provision of paragraph 10 limiting or excluding liability operates separately. If any part is held unreasonable or inapplicable in any circumstances the other parts shall continue to apply.

11. Indemnity

The Customer must indemnify ClubWifi Ltd against any claims or legal proceedings that anyone (other than the Customer) threatens or makes against ClubWifi Ltd because of the way the Service is used or because the Service is faulty or cannot be used.

12. Assignment

Neither party may assign any rights or obligations under this Contract without the written consent of the other.

13. Giving Notice

Notices given under this Contract must be in writing and delivered by hand, or sent by prepaid post or electronic mail as follows:

13.1 To ClubWifi Ltd: to the address shown on the Registration Form, or any alternative address which ClubWifi Ltd notifies to the Customer at any time;

13.2 To the Customer: the address specified by the Customer when entering into this Contract, or any alternative address which the Customer notifies to ClubWifi Ltd at any time.

14. Matters beyond the parties' reasonable control

If either ClubWifi Ltd or the Customer is unable to perform any obligation under this Contract because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, it will have no liability to the other party.

15. Variation of Terms and Conditions

ClubWifi Ltd may change the conditions of this Contract at any time and will give the Customer notice of such changes at least 14 days before they take effect.

16. Entire Agreement

16.1 This Contract contains the whole agreement between the parties relating to its subject matter and supersedes all previous written or oral agreements relating to it.

16.2 The parties acknowledge and agree that:

16.2.1 they have not been induced to enter into this Contract by any representation, warranty or other assurance not expressly incorporated into it; and

16.2.2 In connection with this Contract, and except in the case of fraud, their only rights and remedies in relation to any representation, warranty or other assurance shall be for breach of the terms of this Contract and that all other rights and remedies are excluded.

17. Law

This Contract is governed by the laws of England and Wales.