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1. Jellyfish Broadband the service
1.1 The service provides you with high-speed access to the Internet - a range of Internet services and applications as described at www.jellyfishbroadband.com
2. When the terms begin
2.1. These terms come into effect after you agree to the terms no service will be provided until you have agreed to these terms.
The installation charge is payable upon completion of the installation at your premises, the monthly subscription is payable monthly in advance to Jellyfish Technologies Ltd, hence the first months payment will be charged upon the service being activated at your premises.
3. Prior to service connection
3.1 Jellyfish Technologies Ltd needs to ascertain, prior to the availability of service, the following:
(a) Successfully complete a site survey; and
(b) Successfully activate the service. If it is not possible to provide the service due to the above Jellyfish Technologies Ltd shall notify you as soon as possible.
(c) If you access this service by using your own equipment to connect, then Jellyfish Technologies Ltd can offer no guarantee that the service will work as described.
3.2 If any equipment needs to be installed at your premises, we may give you some advice on this preparation. You will need to provide a suitable location for any equipment installed by Jellyfish Technologies Ltd.
3.3 When the service is being activated at your premises it is necessary for our engineers to alter the network settings of your PC.
3.4 We will use all reasonable efforts to activate the service by the date agreed with you; however it should be noted that all dates are estimates and Jellyfish Technologies Ltd cannot guarantee that they will be met.
4. Equipment
4.1 to ensure that the service remains safe and secure, any equipment connected to, or used with, the service must bear the European Consumer Equipment Standards "CE" mark and be used in compliance with all relevant instructions and safety and security procedures.
4.2 Legal title of any equipment provided or installed by Jellyfish Technologies Ltd shall remain with Jellyfish Technologies Ltd unless otherwise stated in writing.
5. Access to Your Premises
5.1 From time to time Jellyfish Technologies Ltd (or our agents) may require access to your premises (e.g. repairs, maintenance or upgrades). If access is required, Jellyfish Technologies Ltd shall provide advance notice and, so long as appropriate identification is shown, you agree to allow access, it is expected reasonable requirements concerning the safety of people on your premises is met by both parties.
6. Ensuring that the Service Is Secure
6.1 Jellyfish Technologies Ltd may provide you with a set of usernames and passwords. These are for your secure use of the service. You must make sure that they are kept confidential, secure, and are used in accordance with all relevant instructions.
6.2. To ensure that the service remains secure, you must not change or attempt to change a username or password.
6.3 If we consider that there is likely to be a breach of security, or misuse of the service, we may:
(a) Change your password and then notify you that we have done this; and /or
(b) Suspend your username and password access to the service (please also refer to paragraph 14)
6.4 If you suspect that any username or password has become known to someone not authorised to use it, or if any password is being used, or is likely to be used, in an unauthorised manner, you are advised to contact Jellyfish Technologies Ltd immediately.
6.5 If any of information that you provide when signing up for the service, including any changes to your payment details email address, is changed at a later date, you must inform Jellyfish Technologies Ltd immediately.
7. Other Factors within these terms and conditions
7.1 Jellyfish Technologies Ltd may need to temporarily suspend the service for operational reasons (e.g. for planned maintenance, repairs or upgrades)
Jellyfish Technologies Ltd will endeavour to restore the service as soon as possible after any such suspension.
7.2 Jellyfish Technologies Ltd may need to alter code or access details or technical specifications associated with the service for operational reasons.
7.2.1 Jellyfish Technologies Ltd can not be held responsible for loss of service due to interference or from a third party or third party supplier whether this be an equipment manufacturer or service provider.
7.3 Jellyfish Technologies Ltd may provide you with instructions about health and safety issues when using the service, or about your use of the service, to ensure the quality of the service we provide to you and other customers; and you agree to observe them.
7.4 Jellyfish Technologies Ltd may be required to carry out work, either on site (i.e. customer premises) or the offices of Jellyfish Technologies Ltd, as such Jellyfish Technologies Ltd cannot be held responsible for any data loss.
7.5 Jellyfish Technologies Ltd may provide advice on replacement / upgrading of any components and or computers systems etc. in the event of it becoming necessary for the adequate functioning of the network provided by Jellyfish Technologies Ltd.
8. Repairing Service Faults
8.1 Although Jellyfish Technologies Ltd shall attempt to provide you with the best possible service, we cannot guarantee that the service will be operational at all times. However, Jellyfish Technologies Ltd shall attempt to correct all reported faults as soon as reasonably possible.
9. Charges
9.1 It is agreed that all charges for installation of equipment supplied from Jellyfish Technologies Ltd and the service provided are payable in full by you.
9.2 You will pay nothing until your system is installed and only after one of our engineers has shown you the system working. All payments remain due in the event of a fault being reported.
10. Service Use
10.1 You must take all reasonable precautions to ensure that nobody (including you) makes use of the service:
(a) Fraudulently or in connection with a criminal offence;
(b) To send, knowingly receive, upload, download, or use any material which is offensive, abusive, Indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) To cause annoyance, inconvenience or needless anxiety;
(d) To spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) In any way which, in our opinion, is or is likely to be detrimental to the provision of the service to you or any of our customers;
(f) In an unlawful manner, in contravention of any legislation, laws, license or third party rights, or in contravention of our Acceptable Use Policies. Amended from time to time; or
(g) In a way that does not comply with any instructions provided to you;
(h) You may not redistribute Jellyfish Technologies Ltd service to a third party.
Any breach of paragraphs 10.1 (a)-(h) may result in action or actions explained in paragraph 13 and 14.
10.2. Jellyfish Technologies Ltd may make software available to you that will enable you to use the service. This software must not be copied or modified by you or anyone else unless allowed by law. It is important that you access the service only via use of this software, or in an alternative way permitted by Jellyfish Technologies Ltd, and you must not attempt to circumvent any security measures inherent in the service.
10.3 The service we supply to you, and any associated software, is intended for your households use only. Therefore, the service (or any part of it) or the associated software, must not be re-sold, transferred, assigned or sub-licensed to anyone else unless permission has been given in writing..
11. Your Internet Use
11.1 The service enables you to access the Internet. The Internet is separate from the service and use of the Internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials which you may obtain when using the Internet.
12. Breach of Contract
12.1 Jellyfish Technologies Ltd may suspend the service or end this contract (or both) at any time:
(a) With immediate effect if you materially breach this contract;
(b) with immediate effect if Jellyfish Technologies Ltd believes that the service is being used in a way as described in paragraph 10.1, even if you do not know that the service is being used in such a way;
(c) Upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) With immediate effect if bankruptcy or insolvency proceedings are brought against Jellyfish Technologies Ltd or you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of Jellyfish Technologies Ltd or your assets and if you or Jellyfish Technologies Ltd go into liquidation.
12.2 If Jellyfish Technologies Ltd suspends or terminates this contract under paragraphs 13.1 (a), (b) or (d), we will inform you of such suspension or termination as soon as reasonably possible and explain why this action has been taken.
13. Suspension of the Service
13.1 In the event that Jellyfish Technologies Ltd chooses to suspend the service or a password or username for any reason, Jellyfish Technologies Ltd will restore the service only if adequate guarantees have been given by you that the service will be used as per agreement.
13.2 If we choose to suspend the service under paragraph 14, this contract will continue during the period of suspension and you will be required to pay all relevant charges.
14 Matters beyond Our reasonable control
14.1 If Jellyfish Technologies Ltd cannot do what has been agreed in these terms and conditions due to matters beyond its reasonable control (including, interference from third party faulty equipment or due to our service provider), Jellyfish Technologies Ltd shall not be held liable. If such events continue for more than three months, Jellyfish Technologies Ltd may terminate the service immediately by giving you written notice. (In this event no refunds or compensation shall be paid and the equipment installed shall be removed)
15. Our liability to you
15.1. Jellyfish Technologies Ltd shall be liable if you are injured or die as a result of our negligence.
15.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract begins, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure, or data being lost Or corrupted.
15.3 Jellyfish Technologies Ltd does not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services and telecommunications and network equipment, or for faults in (or failures of) their networks and equipment.
15.4 Jellyfish Technologies Ltd does not have any liability of any sort (including liability for negligence) for changes made by you or our telecommunications provider which result in the cessation of your internet connection and therefore this service.
15.5 Each provision of paragraph 16 operates separately in itself and survives independently of the others.
16. Terminating this contract
16.1. Once the service has been activated and is available for you to use.
17. Amendment of terms and conditions
17.1 These terms and conditions may be amended by Jellyfish Technologies Ltd, including charges, at any time. These terms and conditions may be transferred by Jellyfish Technologies Ltd to any such party deemed necessary,
Jellyfish Technologies Ltd will notify you of any changes at least 14 days prior to them taking effect
18. Email
18.1. You are responsible for checking the mail sent to the e-mail address you provided us with.
19. Waiver
21.1 Neither party shall be considered to have waived its rights under this contract because of failure or delay to exercise any such right.
20. Third party rights
20.1 A person who is not a party to these terms and conditions has no right under the terms and conditions
21. The Law That Relates To This Contract
21.1 These terms and conditions are governed by English Law and we both agree to the exclusive jurisdiction of the English courts.
22. Invoices
22.1 In order to keep the cost of service down, invoices will be e-mailed to customers. The customer agrees to accept emailed invoices. All payment for services will be in advance
23. Retained Data
On 15 March 2006 the European Union adopted the Data Retention Directive, on "the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC".[1][2] The Directive requires Member States to ensure that communications providers retain, for a period of between 6 months and 2 years, necessary data as specified in the Directive
to trace and identify the source of a communication;
to trace and identify the destination of a communication;
to identify the date, time and duration of a communication;
to identify the type of communication;
to identify the communication device;
to identify the location of mobile communication equipment.
The data is required to be available to "competent" national authorities in specific cases, "for the purpose of the investigation, detection and prosecution of serious crime, as defined by each Member State in its national law".
The Directive covers fixed telephony, mobile telephony, Internet access, Internet email and Internet telephony.
Jellyfish Technologies Ltd retains the data required by law and will give access to this retained data to the bodies as in clause 23.1
23.1 Access to retained data
The bodies that are able to access retained data in the United Kingdom are listed in the Regulation of Investigatory Powers Act 2000(RIPA). These are the following:
Police forces (as defined in section 81(1) of RIPA)
National Criminal Intelligence Service
National Crime Squad (now Serious Organised Crime Agency)
HM Customs and Excise
Inland Revenue (the latter two have been merged into HM Revenue and Customs)
Security Service
Secret Intelligence Service
Government Communications Headquarters
"However, the Regulation of Investigatory Powers Act 2000 (RIPA) also gives the Home
Secretary powers to change the list of bodies with access to retained data through secondary legislation. The list of authorised bodies now includes:[7]"
Food Standards Agency
Local Authorities
The National Health Service
23.2 Reasons for accessing retained data
The justifications for accessing retained data in the United Kingdom are set out in the Regulation of Investigatory Powers Act 2000 (RIPA). They are -
in the interests of national security;
for the purpose of preventing or detecting crime or of preventing disorder;
in the interests of the economic well-being of the United Kingdom;
in the interests of public safety;
for the purpose of protecting public health;
for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department;
for the purpose, in an emergency, of preventing death or injury or any damage to a person's physical or mental health, or of mitigating any injury or damage to a person's physical or mental health;
for any purpose (not falling into the above) which is specified for the purposes of this subsection by an order made by the Secretary of State.
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