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1. Definitions
"Agreement" means this document;
“2 week trail offer” means the commencement date of the trial
period. The trial period must not be a period when the person requesting
the trail is on holiday or away from the address given for more than 40%
of the total time. The trial period must commence on a Monday and terminate
on a Friday.
"Commencement Date" means the commencement date of the trial
period;
“Just-A-Sec” is a division of 2 Counties Business Services
Ltd.
"Customer" or "You" means a customer or prospective
customer (in the case of the Trial Offer) of 2 Counties Business Services
Ltd
"Service" means the service provided by 2 Counties Business
Services Ltd, 108 The Maltings, Roydon Road, Stanstead Abbotts, Herts
SG12 8HG.
2. Scope
The contents of this agreement shall apply in relation to all services
ordered by you from 2 Counties Business Services Ltd.
3. Information about
you
3.1 You confirm that all information supplied by you to 2 Counties Business
Services Ltd is current, complete and accurate in all respects. You agree
to notify 2 Counties Business Services Ltd immediately of any changes
in this information or any change in situation that may affect our ability
to provide you with services.
3.2 Where you are providing 2 Counties Business Services Ltd with personal
data within the meaning of the Data Protection Act 1998, you confirm that
you consent to 2 Counties Business Services Ltd processing such data lawfully.
4. Provision of Service
4.1 2 Counties Business Services Ltd will use reasonable efforts to make
the Service available at all times. The extent and availability of the
Service may be affected by faults in telecommunications networks, services
and equipment which are operated by persons other than us. 2 Counties
Business Services Ltd may temporarily suspend the Service in order to
maintain or modify equipment or software used to provide the Service.
This will not affect your obligation to pay the Charges.
4.2 In addition to any other remedy, 2 Counties Business Services Ltd
may suspend the Service immediately without notice if:
(a) you break any of your obligations under this Agreement;
(b) 2 Counties Business Services Ltd have reason to believe that you are
using or allowing our services to be used in a manner which may bring
us or our services into disrepute;
4.3 2 Counties Business Services Ltd may change the telephone number allocated
for you to use the Service at any time by giving you reasonable notice
for commercial, technical or regulatory reasons depending on the nature
of the problem being experienced.
5. Cancellation
and Termination
5.1 Either party may terminate the Agreement by giving the other party
seven days written notice, served using Royal Mail recorded delivery,
expiring at any time after the end of a period of three months from the
date on which 2 Counties Business Services Ltd first provide the Service
to you.
5.2 In addition to any other remedy, 2 Counties Business Services Ltd
may terminate the Agreement immediately at any time by giving you written
notice if:
a) you break any of your obligations under the Agreement
b) you supply any information to 2 Counties Business Services Ltd which
is false or misleading or which 2 Counties Business Services Ltd reasonably
suspect may be false or misleading; or
c) 2 Counties Business Services Ltd have reason to believe that you are
using or allowing our services to be used in a manner which may bring
2 Counties Business Services Ltd or our services into disrepute.
5.3 You may terminate the Agreement immediately at any time by giving
2 Counties Business Services Ltd written notice if 2 Counties Business
Services Ltd break any of our obligations under the Agreement and 2 Counties
Business Services Ltd do not put things right within seven days of a request
from you.
6. Liability
6.1 It is expressly agreed between the customer and 2 Counties Business
Services Ltd that the liability for any damages arising out of the provision
of services under this agreement to the customer by 2 Counties Business
Services Ltd whether caused by the negligence of 2 Counties Business Services
Ltd employees or otherwise is limited to actual damages, but in no event
shall it exceed an amount equal to the total amount of charges with respect
to the service for which 2 Counties Business Services Ltd have billed
the customer. 2 Counties Business Services Ltd will in no circumstances
be liable for any indirect, consequential or economic loss, including
but not limited to loss of business, loss of contracts, loss of profits,
loss of anticipated savings and claims by third parties, whether or not
foreseeable.
6.2 Nothing in this Agreement shall be interpreted so as to adversely
affect the statutory rights of any consumers.
7. Security
7.1 2 Counties Business Services Ltd will use reasonable endeavours to
keep your information and messages confidential and secure. However 2
Counties Business Services Ltd cannot ensure or warrant the confidentiality
or security of any information or messages. You also agree that 2 Counties
Business Services Ltd have no responsibility or liability for the deletion
or failure to store any messages or other content maintained or transmitted
by 2 Counties Business Services Ltd.
8. General
The customer agrees that it will not use the service provided for any
improper, immoral or unlawful purpose and that such use constitutes grounds
for immediate termination of the services by 2 Counties Business Services
Ltd. Calls may be monitored or recorded for training and quality control
purposes.
9. Non-assignment
The customer shall not assign or otherwise deal with any or all of its
rights and obligations under this agreement without the prior written
consent of 2 Counties Business Services Ltd, given by 2 Counties Business
Services Ltd's duly authorised representative. 2 Counties Business Services
Ltd shall have the rights to assign or otherwise delegate all or any of
its rights and obligations hereunder to associate companies or any other
third party or company upon serving notice in writing to the customer.
10. Force
Majeure
2 Counties Business Services Ltd will not be liable if 2 Counties Business
Services Ltd cannot provide the Service due to any event which is outside
our reasonable control, such as fire, lightning, flood, exceptionally
severe weather, explosion, war, civil disorder, industrial disputes, fuel
or power supply failures or shortages, acts of government or other public
authorities.
11. Jurisdiction
This agreement shall be governed by and construed and interpreted in accordance
with English Law and both parties submit to the jurisdiction of the English
courts.
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