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Terms of Use for Oyster Internet Account Holders
The following text is a copy of the agreement between you
(an Oyster Internet Service customer and account holder) and
Telecom Cook Islands Limited, that commenced when you signed an
Oyster Registration form and obtained an Oyster Internet Service
account.
TELECOM COOK ISLANDS OYSTER INTERNET SERVICE AGREEMENT
TERMS AND CONDITIONS
By signing this agreement, You have agreed to the terms and conditions set
out below. Read them carefully and take special note that these terms and
conditions are in addition to the terms and conditions of your existing
contracts with TCI in respect of the telecommunications network.
Note also that TCI, while providing access to the Internet and to other
computers, exercises no control over the nature of the data accessed,
its suitability, its effect on your equipment or the security of your
data and accepts no liability whatsoever in respect of loss, damage or
injury in respect of these matters; they are matters entirely for
You and TCI strongly recommends that You take steps to protect your
hardware, software and any young users of your equipment, in your use
of the Service. To the full extent permitted by law You access and use all
data at Your own risk.
1. Definitions and interpretation
(a) "TCI" means Telecom Cook Islands Limited and its staff;
(b) "the Service" means the computing and communication
service provided by TCI known as the "Oyster Internet
Service" which will function primarily as an Internet service
provider affording such features and facilities and such data
transmission and reception protocols as TCI may from time to
time determine, in its absolute discretion, as appropriate;
(c) the words in bold print above form part of these terms and conditions
2. Obligations and Liability of TCI
2.1 TCI will use its best endeavours to provide the Service to You on
24 hours daily and will (subject to the terms of this contract) provide
the Service with due care and skill. You acknowledge that the Service
is not fault free and relies on factors outside the control of TCI and
that TCI is unable to assure the content, context or confidentiality of
any communications made using the Service. TCI is not able to provide
support for software downloaded from the Internet or otherwise not
supplied by TCI.
2.2 Except as provided by this clause 2, under no circumstances will TCI,
or its employees, be liable in contract, tort, or otherwise,
to compensate You for any, loss, injury or damage arising directly
or indirectly from,
(a) Any act, omission, error, default or delay on TCI or its employees, or
(b) Any act, omission, error, default or delay in respect of the provision
of the Service, or
(c) Any failure of the Service, or
(d) Any failure of anything provided as part of, or in association with
the Service, whether the loss, injury or damage is the direct or
indirect result of negligence or otherwise.
2.3 In any event, under no circumstances, will TCI or its employees,
be liable to You in contract, tort, (including negligence) or otherwise
for loss (whether direct or indirect) or lost profits, business or
anticipated savings or for any indirect or consequential loss whatever
in excess of the maximum liability under this contract which shall be a
sum which is either, an amount equal to one month's basic charge for
the Service or $100 whichever is the lower.
2.4 No action, regardless of form, arising out of the contract may be
bought by You against TCI more than one year after the cause of action
has accrued.
2.5 TCI may from time to time without notice suspend any service or
disconnect or deny You access to the Service during any technical
failure, modification or maintenance involved in the Service
provided that TCI will use reasonable endeavors to procure the
resumption for the Service as soon as reasonably practicable.
TCI may elect to terminate the Service at any time and in that
event may terminate this contract upon the giving to you of not
less than 24 hours notice in writing.
3. Payments
You shall make the payments prescribed in the schedule to TCI no later
than twenty (20) days after receipt of an account from TCI.
Failure to make payments on the due date shall entitle TCI,
in addition to its other remedies, to charge interest on any
outstanding moneys at 2% per month compounded monthly (28.8% per annum)
until all outstanding moneys are paid. Payments shall be made for all
use of the Service utilising your password or other access code,
whether that use is authorised by You or not. Treat your password
or access code as confidential information at all times.
4. Default by You
4.1 If You fail to pay any charge when due or if You commit any other
breach of this contract and that breach is not corrected within
7 days after written notice of such failure or breach is given
to You, TCI shall be entitled to do any or all of the following:
(a) Terminate this contract and immediately disconnect the Service,
without the need of any further legal process; and retain any
moneys paid by You to TCI as liquidated damages, or
(b) Require immediate payment of any or all outstanding charges; and
(c) Immediately enter Your premises and recover any equipment supplied
by TCI in connection with the Service. TCI shall not be liable for
any loss, cost damage or expense arising from any action it is required
to take to carry out such removal.
4.2 Upon termination by TCI the whole outstanding balance of the total
charges payable by You shall immediately become due and payable to TCI.
4.3 All remedies in this clause 4 shall be without prejudice to any
other rights TCI may have under this contract or applicable law or
under any other contract with You.
4.4 In addition to the other terms of this contract the following
circumstances shall be regarded as breaches by You of its terms;
(a) You have made an assignment for the benefit of Your creditors, or
(b) You become unable to pay your debts as they fall due or go into
receivership or liquidation, or
(c) You or any user of Your equipment uses the Service for any
illegal purpose.
(d) Except as otherwise expressly permitted in writing, You or any user
of your equipment reproduces, redistributes, retransmits, publishes or
otherwise transfers or commercially exploits any information
received through the Service in any way which is either in breach
of any applicable copyright or which is competitive to
the Service (and for the avoidance of doubt You acknowledge and
agree that "Oyster" is the trade name of the Service and
that all rights in that name and its use in connection with the
provision of a service to computer users are the exclusive
property of TCI).
5. Spamming/Unsolicited E-mail
Oyster Internet and Spamming Oyster views the practice of spamming
(or sending Unsolicitated/Commercial Email) by its users as a serious breach
of the Oyster's Terms and Conditions.
Failure to comply with this request could result in the immediate disconnection of the
offender from Oyster's network without further warning.
If you have any further questions regarding spamming, netiquette or general Internet ethics please contact
the Oyster Help-desk during normal office hours (8:00AM – 4:30PM) or
email info@oyster.net.ck
6. Assignment and dealings with contract and Service
6.1 You may not assign the contract or any benefit or obligation of
this contract except with the prior written consent of TCI, which
consent shall not be unreasonably withheld.
6.2 TCI may without notice assign the contract or any benefit or
obligation of this contract to any person, but as between You
and TCI any such assignment shall not prevent TCI exercising
any right or claiming any benefit, protection, or indemnity
under this contract
7. Termination by You
7.1 You may terminate this contract and this contract shall be terminated
by TCI within 24 hours of TCI receiving from You written notice
requesting termination.
7.2 Upon termination by You after commencement of installation work by
TCI in respect of the Service, TCI may at its absolute discretion
require You to pay a termination charge to recover its
expenses (charged at its usual rates for the provision of
installation work)
8. The Contract
8.1 This written contract constitutes the entire contract between the
parties. No oral or written representation, inducement, statement
or promise made by or on behalf of either party and not contained
herein shall be relied upon or binding.
8.2 TCI may modify the terms as applying to this Contract, the pricing
structure for the Service or the terms of the operation by written
notice to you or, its discretion, by general notice on a page of
the Internet referred to as the Oyster Home Page, and any use after
that publication will constitute an acceptance of that modification.
8.3 All clauses of this Contract shall survive termination of this
contract and may be sued on accordingly, and no termination shall
affect the rights, whether accrued or not, of either party.
8.4 This Agreement is governed by the laws of the Cook Islands and
the parties submit to the jurisdiction of the Cook Islands Courts.
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