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General Terms & Conditions for Telelog Services

Terms of Use

These terms and conditions of business govern the Service(s) we provide you and explain your rights and obligations. They are very important, so we recommend that you read them carefully. They explain what you can expect from us and what we expect from you.

We hope they are largely self-explanatory. However, if there is anything in these terms and conditions that you do not understand, please contact us by calling 0800 007 3500.

Only when you are in acceptance of all terms stated below, shall you be allowed to access the service(s) that you have selected during the registration / sign-up process.

The Acceptable use policies and the registration process are an integral part of the conditions and, unless otherwise expressly stated, all references to terms and conditions include reference to the acceptable use policies and to the registration / sign-up process.

By using the Telelog Service(s), you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use the Telelog Service(s).

We reserve the right, at our discretion, to update or revise these Terms and conditions. Please check the Terms and conditions periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

1. Definitions

In our terms and conditions we use words that have specialized meanings. Below are some of the most common of those words and their meanings.

'We', 'us' or ' Telelog ' refers to Telelog Limited. Our address is Telelog Limited, Arena Business Centre, Holyrood Close Road, Poole,UK,BH17 7FJ Reg. 04956088

'Service(s)' refers to the service(s) that you have chosen to select or purchase at the time of sign up.

'Fees' refers to those charges we make for initial connection to the Service(s) and for continued access. The Fees are determined by the Service(s) that you have decided to purchase.

2. Terms and conditions

In using the Telelog system, you will be deemed to accept these terms and conditions and will comply with all related policies, including our data protection policy and abuse policy. When we have processed your sign-up / registration, and received any Fees that are due from you, we will then provide you with the relevant Service(s). The right to use the Service(s) is personal to you and you must advise us if you suspect that someone is using your account or has knowledge about your personal details, your user name, password, etc.

3. Supply

It is your responsibility to ensure you have the necessary means to access and use the Service(s), and that the Service(s) is/are right for you. We will advise you of new services or upgrades via e-mail. We agree to a Service Level of 99.7% (an avarage of 23:55 pr day) and have 24/7 emergency telephone support 0800 007 3500.

Telelog may occasionally have to interrupt the service or change the technical specification of the service for operational reasons, or because of an emergency. Telelog in such instances will endeavour to give the customers as much notice as is possible of any planned interruption to its customers service.

In these circumstances the customer shall have no claim against Telelog for any such interruption.

4. Improper Use

The customer must NOT use the service:

- In a way that does not comply with the conditions or any legislation or that is any way unlawful or fraudulent,

- In connection with the carrying out of a fraud or criminal offense against any persons.

- To send, encourage the receipt of, upload, download, and use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which causes overloads to the Telelog system.

- To send or procure the sending of unsolicited advertising or promotional material.

The customer will co-operate with Telelogs reasonable requests for information regarding the customers use of the service and supply such information without delay.

Where the customer uses the Telelog services to reach networks and services not operated by Telelog the customer will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.

Our network and/or Service(s) may only be used for lawful purposes and comply with all legal requirements relating to, without limitation, defamation, copyright, trademark, software licenses and any rules that are applied to you as a user when visiting a third party website, for which you are solely responsible. The law relating to Internet use is under continuous development. It is up to you to check whether you might be infringing any law or regulation, and if in any doubt you should take independent legal advice. Please remember that material that may not breach any law or regulation in the United Kingdom may breach the laws and regulations applicable in other countries, and the Service(s) does/do give you access to computer networks worldwide.

You agree that you will not use the Service(s) for transmission of any material in breach of any law or regulation. For this purpose it will be irrelevant whether you knew of the content of the material transmitted.

You agree that the Service(s) will not be used in any way for spamming, chain letters, junk mail or unsolicited distribution lists. You agree not to transmit through the Service(s) any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, menacing or discriminatory material of any kind, which could cause distress or is perceived to distress any user.

Telelog reserves the right to access and disclose any information, data, graphics, video, sound, files and other content created by, provided by, or accessed by you in order to comply with applicable laws and lawful government requests, to operate its business properly, and to protect itself and its users.

Telelog reserves the right in its sole discretion, but will not be obligated, to remove any content from its system. Telelog will fully co-operate with all applicable law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity of which we become aware.

You should note that some Service(s) are subject to different server upload restrictions and these are laid out in the relevant Acceptable Use policies (please refer to Section 6 below). Use of the Service(s) signifies that you accept these policies and agree to comply with them.

5. Passwords and security

We will provide you with a user identification and password. These must be kept secret. You must change your password immediately if you think that anyone else knows it. In the event of any suspected security breach, we reserve the right to change your password. If that happens, we will notify you of this as soon as we operationally can. Please remember that, when using the Service(s) and sending data to other people, your communication link may not be secure. It could be unsafe to submit your credit card or debit card details, or other personal information, over the Internet. Only one connection may be made at any time using your username and password.

6. Acceptable use policy

You are required to use the Telelog System in an acceptable way.

7. Service Maintenance

We will provide ongoing maintenance in respect of the Service(s) supplied to you. Because of this purpose there will be some occasions when you will not be able to access the Service(s). We will endeavour to keep these occasions to a minimum and details of these occasions will be posted on our portal under the section named "Service Status" available on the Telelog website.

8. Fees

If applicable and as agreed you agree to pay the fees for the Service(s) and understand the importance of settlement of our invoices is required within 10 days of date of invoice.

Telelog may charge interest on all outstanding amounts at a rate of 2% above LBR accrued daily, from the date of invoice until the actual payment. Additionally Telelog reserves the right to terminate the provision of the service to the customer immediately if the customer is in default of payment. Such termination is without prejudice to the rights of either party accrued prior to the date of termination.

9. Suspension and Termination

We may terminate our contract with you and the provision of the Service(s) at any time by written or electronic mail notice if you are in material breach of any of these terms and conditions including, without limitation, as a result of your failure to make payments of the Fees on the due date, your failure to comply with the policies applicable to your use of the Service(s), or if your use of the Service(s) is in breach of legal requirements or the requirements for acceptable use set out in these terms and conditions and the relevant policies applicable to the Service(s). If we terminate the contract in these circumstances, we shall be entitled to retain any Fees paid in advance by you.

Without prejudice to our right of termination for any breach by you of these terms and conditions, we may also suspend provision of the Service(s) if you are or we reasonably believe that you may be in breach of these conditions, until you cease to be in breach (which, in the case of failure by you to pay the Fees when due, will be until we receive the Fees due from you in cleared funds), or pending investigation into any suspected breach. If an investigation subsequently shows that you are in breach of any applicable policies and/or these terms and conditions, we reserve the right to deactivate your account, terminate our contract and recover from you all costs that may have been incurred as a result of the breach. Deactivation will result in the suspension of the account.

We also reserve the right to terminate the provision of the Services at any time. We will endeavour to give you prior notice of any such termination, but we may not be able to do so if the reason for termination is to enable us to comply with legal requirements. If we terminate in these circumstances, you will be entitled to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis.

Without prejudice to section 10, you may terminate your contract with us at any time by giving us notice via the cancellation mechanism within the "Contact Us" section of the portal. Your notice period will commence on execution of the above mechanism. No refunds or part refunds will be given in respect of any Fees paid to us in advance, unless we are in material breach of these terms and conditions (in which case you will be entitled to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis).

10. Restriction, Trade secrets, Title

You may not transfer or modify or reverse engineering or reverse compiling or disassemble or assign the Sequence, Structure, organization of the Software, WEB Pages, Layouts as this is expressively forbidden. You acknowledge and agree that Sequence, Structure, organization of the Software is the valuable secrets of Telelog and its suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that the ownership of and title to, the Software and all subsequent copies thereof regardless of form or media is held by Telelog and its suppliers.

You may have other rights granted by law and these terms and conditions do not affect these, except if the two are inconsistent. If this is the case, then these terms and conditions will override any other rights that you may have, unless law does not permit it (Please refer to Section 18 below for further details).

11. Liability

You agree and accept that we are unable to exercise control over the content of the information passing over our connection to the Internet or our network or the Service(s). Telelog cannot be responsible for the transmission or reception of such information. We are not in a position to monitor how you use the Service(s), and so you agree to indemnify us against any claim that is brought against us, or any costs liability that we incur, as a result of your use of the Service(s). We accept no responsibility for any action brought against you arising from service misuse. Whilst we endeavour to provide a continuous service, we give no warranty that the Service(s) will be continuously available. You are in a better position than we are to evaluate any potential loss you may suffer by using the Service(s), and to insure if appropriate. Accordingly, our liability to you, whether for breach of contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, is limited to a maximum amount of the Fees you have paid us for the Service(s). We shall not be liable in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any indirect or consequential loss or damage (whether for loss of profit, loss of business, loss of data, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (whether or not caused by our negligence or that of our employees, agents or sub-contractors) which arise out of or in connection with our contract. We also cannot be liable for the quality or accuracy of information received through the Service(s). Nothing in this clause shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent representations. It is your responsibility to carry out computer virus precautions. We will not be responsible for loss arising out of computer viruses, whether they are introduced through our software or otherwise. From time to time, Internet addresses or sites are disconnected or cannot be found. We are not responsible for maintaining sites other than our own.

12. Indemnity

You agree to release, indemnify, and hold Telelog and it's presidents, directors, employees, contractors, agents and affiliates harmless from all liabilities, claims, and expenses, including all and any legal fees and expenses arising from your breach of these terms and conditions or any of Telelog 's policies relating to the Service(s) provided including, without limitation, infringement by you, or someone else using the Service(s) with your computer, of any intellectual property or other proprietary right of any person or entity. When Telelog is threatened with suit by a third party, Telelog may seek written assurances from you concerning your promise to indemnify Telelog; your failure to provide those assurances may be considered by Telelog to be a breach of our contract and may result in termination of our contract.

13. Software

For any software whether induced, extracted or found and which is or is not downloaded by you through the Service(s) you agree that you are solely responsible for registering any software that requires such registration, and paying any regulated charges thereafter, with the relevant software owner.

14. Data Protection

We reserve the right to put names and other information from the order or electronic registration form, into a computerized directory for internal purposes only. Please refer to data protection policy for further information, including details of our data protection policy, with which you agree to comply.

15. Copyright

Telelog Limited own the copyright to all material contained on the Telelog website. No Part of the material may be copied or reproduced for commercial use without prior written consent from Telelog Limited, Legal department.

16. Notices

As already stated in section 9 Suspension and Termination, if you need to give termination notice for any reason, you must do so by using the cancellation mechanism within the "Contact Us" section of the portal. Please note that any notice you give to us will only be considered effective if it is executed through the cancellation mechanism and is taken with effect from when this is done.

17. General Prices

The Fees are exclusive of VAT unless otherwise indicated. We reserve the right to vary the Fees from time to time, although the subscription Fees will remain fixed for the first payment term you sign up for. If you do not agree to any such varied prices, you will be entitled to cancel our contract, and to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis. For details of cancellation, see section 9.

18. Amendments

We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions (and the provisions of any policies applicable to the Service(s)) or vary the Service(s) by giving at least 14 days prior notice to the Announcement page and via email sent to your default Telelog e-mail account. You should also check these terms periodically for changes. Your continued use of Telelog Service(s) following the posting of changes to these terms and conditions and/or the Service(s) will mean you accept those changes. If you do not agree to any such modified terms, you will be entitled to cancel our contract via the cancellation mechanism within the "Contact Us" section of the portal, and to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis.

19. Governing Law

This agreement shall be governed by the laws of the United Kingdom as such laws are applied to agreements entered into and to be performed entirely within United Kingdom between United Kingdom residents and by the law of the United Kingdom. You agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. You and we both agree to submit to the exclusive jurisdiction of the United Kingdom courts. We both accept that a Court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair, pursuant to some statutory provision. In such cases a Court can enforce the terms and conditions as if the offending clause or clauses had never been contained in them. Should any provision or portion of these terms and conditions be held invalid or unenforceable by a court of law for any reason, it shall be deemed omitted and all other provisions of these terms and conditions shall continue in full force and effect. You attest that you are of legal age to enter into this Agreement.