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Breeze Terms & Conditions September 2008

 

 

Click here to download the Breeze Terms & Conditions

1 DEFINITIONS
  In this Agreement, unless the context clearly indicates otherwise the following words and expressions shall have the meaning ascribed:
 
1.1 "Agreement" means this order form and terms and conditions (as amended, extended or replaced by imagine from time to time);
1.2 "Authorised Installer" shall mean a person or company appointed by imagine to install, adjust, maintain or repair the Equipment;
1.3 "Consumer" means consumer as defined in the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001 – i.e. a natural person who, as regards a distance contract, is acting for purposes which are outside that person's trade, business or profession;
1.4 "Equipment" means the equipment and/or any other item to include all fittings, accessories and modifications thereto from time to time provided as an essential part of providing the Service under this Agreement;
1.5 "imagine" shall mean Imagine Broadband NI Limited;
1.6 "Minimum Subscription Period" means the term commencing on date of installation of the Equipment and the date twelve (12) months thereafter;
1.7 "Notice Date" means the date 30 (thirty) days after written notice is given to imagine by the Subscriber requesting the removal of the Equipment;
1.8 "Parties" or "the Parties" means the Subscriber and imagine including their assignees;
1.9 "Premises" means the location at which the Subscriber receives the Services and where the Equipment is installed;
1.10 "Service" means an Internet Protocol (IP) based internet connectivity service provided by imagine, connecting the Subscriber to the Internet via imagine’s network, including any such additional services as may be subscribed to by the Subscriber;
1.11 "Subscriber" shall mean the party to whom imagine is providing the Service;
1.12 "Subscription" means the amount payable to imagine for the provision of Service and the use of the Equipment together with any Value Added Tax and any other taxes (at applicable rates from time to time);
1.13 "Subscription Period" means the entire term of this Agreement, which shall automatically continue after the Minimum Subscription Period until cancelled by either Party upon thirty (30) days' prior notice to the other Party.
2 GENERAL TERMS
 
2.1 imagine supplies the Service and the Equipment to the Subscriber, pursuant to this Agreement. imagine hereby grants the Subscriber the right to use the Equipment and the Service in accordance with the terms of this Agreement, and the Subscriber hereby accepts such use on the terms and conditions as set out in this Agreement.
2.2 This Agreement contains the entire agreement between the Parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. No alteration, cancellation, variation of, or addition hereto shall be of any force or effect unless reduced to writing and signed by all Parties to this Agreement or their duly authorised representatives.
2.3 No indulgence, leniency or extension of time which imagine may grant or show to the Subscriber, shall in any way prejudice imagine or preclude imagine from exercising any of its rights in the future.
2.4 The Subscriber acknowledges that it has read, understood and agrees to be bound by the terms of this Agreement. The Subscriber further acknowledges that this Agreement was fully completed and the particulars set forth therein are true and correct.
2.5 imagine will make reasonable commercial efforts to maintain access to the Service and ensure that it is available for use by the Subscriber. However imagine cannot be held responsible for accidental non-availability for outages of services, or for unforeseen interruptions to the Service.
2.6 If any provision of this Agreement is prohibited by law or found to be unlawful, void or otherwise unenforceable, such provision shall, to the extent required by applicable law, be severed from this Agreement. The remaining provisions of this Agreement shall not as far as possible be changed or modified and all other terms and conditions not so severed shall continue in full force and effect.
2.7 imagine reserves the right to revise the terms of this Agreement at anytime upon giving reasonable notice to the Subscriber. We shall indicate on imagine’s web site the date of the last revision of the terms of this Agreement. Such changes will take immediate effect when they are posted on this site, or upon such date as may be reasonably notified.
3 ACCEPTANCE AND INSTALLATION
 
3.1 The Subscriber acknowledges that the basis of this Agreement is that:
 
3.1.1 the Subscriber shall at its own cost ensure that the Premises is suitable for the installation, use and accommodation of the Equipment;
3.1.2 if the Subscriber is not the owner of the Premises on which the Equipment will be installed, it is the Subscribers responsibility to ensure they have received written authorisation from the owner to install the Equipment at the Premises prior to installation. The Subscriber acknowledges and agrees that it shall fully and effectively indemnify and keep imagine indemnified for any costs incurred as a result of the Subscriber's breach of this clause; and
3.1.3 in order to facilitate delivery of the Equipment, the Subscriber shall grant access to the Premises to allow for installation (and subsequently for repair and maintenance). Should the Subscriber fail to grant access to the Premises, the Subscriber shall be responsible for reasonable costs associated with the labour time lost, and imagine shall not be responsible for non provision of Services as a consequence.
3.2 In the event the Premises is not suitable for installation of the Equipment, it may be necessary to install additional Equipment to enable the Subscriber to avail of the Service. Any costs associated with the additional Equipment must be borne by the Subscriber over and above the Subscription. The Subscriber will be advised of such costs (if any) in advance of the installation of the Equipment.
3.3 All risk of loss and damage in and to the Equipment shall, from the date of delivery to the Subscriber, vest with the Subscriber.
4 PAYMENT OF CHARGES
 
4.1 The Subscriber shall pay the Subscription to imagine in the amount stipulated in the order form, monthly in advance.
4.2 The Subscription may increase or decrease at such times and rates as may be notified from time to time, subject to the restrictions during the Minimum Subscription Period, as detailed in Clause 7.3
4.3 imagine shall be entitled and is hereby specifically authorised to, at its election, either immediately cancel this Agreement and/or suspend the supply of Services to the Subscriber and/or to recover the Equipment (as provided for in this Agreement), upon failure by the Subscriber to pay the Subscription or if the Subscriber is in breach of the terms of this Agreement.
4.4 Should a Subscriber's payment fail for any reason that is due to the Subscriber, imagine shall apply an administration charge of £10 ex VAT for each and every event of failure.
4.5 Should it arise that a Subscriber's Service is disconnected by imagine following continued payment failures, or non-payment, a reconnection charge of £25 ex VAT shall be levied and must be paid by the Subscriber prior to reconnection by imagine.
4.6 Should the Subscriber ever be occasioned to pay to imagine any ancillary amount, as is not provided for in this Agreement, then such amount shall be paid directly to imagine over and above the charges set out in this Agreement.
4.7 Should the Service not be available as a result of damage to the Equipment by the Subscriber, whether inadvertently or intentionally, the Subscriber shall remain liable for the full Subscription during such period where the Service is not available to the Subscriber
5 UPGRADE
 
5.1 The Subscriber may, with the written approval of imagine, upgrade the Service on the basis that:
 
5.1.2 the Subscriber shall have given imagine at least 7 (seven) days prior written notice of its intention to upgrade; and
5.1.3 the Subscriber shall at the time of giving such notice, have complied with all the terms and conditions of this Agreement and shall continue to do so;
5.1.4 the Subscriber shall sign all documentation necessary to give force and effect to such upgrade; and
5.1.5 the Subscriber shall accept all amendments, where necessary, to any charges (including the Subscription) stated in the order form due and payable to imagine as are then occasioned by the Subscriber exercising its upgrade option.
6 THE SUBSCRIBER'S RESPONSIBILITIES AND USE OF THE SERVICE
 
6.1 When Subscribers use the Service for Internet access, they may not:
 
6.1.1 resell or provide access to the Service or to any other imagine service to any third parties or parties not located on the same Premises, without the prior express written consent of imagine. Breach of this provision may result in immediate suspension of the Service until the problem is corrected;
6.1.2 restrict or inhibit any other user from using the Internet;
6.1.3 post or transmit any unlawful, threatening, abusive, libellous, defamatory, vulgar, obscene, indecent, pornographic, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting, or encouraging conduct that would constitute, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation export and import control laws and regulations;
6.1.4 post or transmit any information or software that contains a Trojan, worm, virus or other harmful component;
6.1.5 post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes;
6.1.6 upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;
6.1.7 upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or derivative works, as are copyrighted as a collective work under European, Irish or International copyright laws;
6.1.8 remove or alter copyright management information including, without limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;
6.1.9 avoid, bypass, remove, deactivate or circumvent by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner;
6.1.10 send unsolicited e-mail or any e-mail that causes complaints from the recipients of the unsolicited e-mail;
6.1.11 send large quantities of unwanted or unsolicited e-mail to individual e-mail accounts (also known as "spamming" or "mailbombing');
6.1.12 make any unauthorized attempt to gain access to any account or computer resource not belonging to that user (also known as 'spoofing');
6.1.13 obtain or attempt to obtain Services by any means or device with intent to avoid payment;
6.1.14 make any unauthorized access, alteration, destruction, or any attempt, of any information of any imagine customers or end-users by any means or device;
6.1.15 knowingly engage in any activities that will cause a denial of Services (DoS) (e.g., synchronized number sequence attacks) to any NTR Broadband customers or end-users, or any other person;
6.1.16 use imagine’s products and services to interfere with the use of imagine’s network by other customers or authorized users or any other person;
6.1.17 violate the law or aid another in any unlawful act;
6.1.18 run programs or servers that provide network services to others through the Services ("web hosting"), which includes, but is not limited to, operating a web/mail/ftp server to serve external connections, unless that right has been incorporated Into this Agreement; or
6.1.19 use the Services in such away as to impair or degrade the operation or performance of the Services and/or imagine’s network, including but not limited to abusive or excessive use.
6.2 Except for information, products or services clearly identified as being supplied by imagine, imagine does not operate or control any information, products or services on the Internet.
6.3 The Internet contains unedited materials that Subscribers may find offensive or objectionable. Subscribers access such materials at their own risk. imagine has no control over and accepts no responsibility for these materials. Subscribers may wish to utilize software designed to limit access to certain material on the Internet.
6.4 imagine is not responsible for content or policies available on other sites linked to its site. Use of any links to other webpages, is at the Subscribers own risk.
6.5 imagine may take any action it deems appropriate without notice to protect the Services and its facilities for provision of the Services. If imagine denies Subscribers access to Services pursuant to this Section, Subscribers will have no right;
 
1. to access through imagine to any materials stored on the Internet; or
2. to access third party services, merchandise or information on the Internet through imagine, and imagine will have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility to any consequences resulting from lack of notification.
6.6 imagine has no obligation to monitor Services. Subscribers agree that imagine has the right to monitor Services electronically from time to time, and consent to imagine’s access, use and disclosure of any information as necessary to satisfy any law, regulation or other governmental request, to operate Services properly, to improve Services, or to protect itself or its customers. imagine reserves the right to refuse or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this Agreement. (A copy of our Acceptable Use Policy is available from our website or upon request)
6.7 If Subscribers wish to make purchases on the Internet, they may be asked by the merchant or imagine from whom they are making the purchase to supply certain information, including credit card or other payment mechanism information. Unless imagine is a party to such transaction however, imagine disclaims any and all liability for any failure or duplication of such a transaction as a result of any cause whatsoever, including disruption of the Service for any cause whatsoever.
6.8 The Service is provided on an 'as is, as available" basis. Subscribers release imagine from and imagine shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by any Subscriber in connection with their use of or inability to use imagine’s services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by them even if the same is caused by imagine’s own negligence. imagine specifically disclaims any responsibility for the accuracy or quality of information obtained through its Service.
6.9 Any network address assignments issued by imagine (i.e., Class C address Internet Protocol numbers) are the property of imagine and are considered to be loaned to its subscribers. In the event the Service is discontinued for any reason, such IP addresses will revert to imagine immediately.
6.10 imagine customer account descriptions in some cases may specify limits on bandwidth or simultaneous network connections for residential Subscriber, and use up to these limits is included in the subscriptions for that type of subscriber. In the event imagine determines that a residential Subscribers is exceeding the bandwidth, or number of simultaneous network connections, the residential Subscriber will be notified by email. If the excess use continues for more than 48 hours after such notification, the residential Subscriber may be requested to upgrade to the appropriate service level agreement or to modify the activity creating the excess use. If excessive bandwidth or simultaneous network connections is determined by imagine to adversely affect imagine’s ability to provide service for all Subscribers, immediate action may be taken to alleviate the problem. In such event, the residential Subscriber will be notified by email as soon as practicable.
7 DURATION AND TERMINATION
 
7.1 If the Subscriber is a Consumer , the Subscriber will have a "cooling off period" of 7 (seven) working days from the date the order is placed by the Subscriber to cancel this Agreement. The Subscriber must send such cancellation notice in writing to imagine requesting cancellation of the Services within the cooling off period.
7.2 After the Minimum Subscription Period expires, the Agreement may be terminated by either party, giving the other party thirty (30) days' prior notice. The Subscriber must pay the Subscription up to the end of that thirty (30) day notice period.
7.3 If the Subscriber terminates this Agreement before the end of the Minimum Subscription Period other than in the circumstances outlined in paragraph 7.1, the Subscriber must pay immediately the balance of the Subscription due for the rest of the Minimum Subscription Period.
7.4 If, during the Minimum Subscription Period, imagine, following seven (7) days notice to the Subscriber, either increases the Subscription by a total of more than ten per cent (10%) or makes significant changes to the Services, the Subscriber may terminate this Agreement by giving at least thirty (30) days notice in writing. If no notice of such intention to terminate is received within thirty (30) days, the Subscriber will be deemed to have accepted the increase in charges and/or the changes to the Service.
7.5 imagine provides the Services under a license granted by ComReg. imagine may terminate this Agreement with immediate effect by giving written notice if the license is revoked or otherwise terminated for any reason whatsoever.
7.6 imagine reserves the right to suspend the Service and/or terminate this Agreement without notice to the Subscriber and to claim for any losses or expenses (if any) incurred by imagine as a result of such suspension and/or termination if;
 
7.6.1 the Subscriber fails to pay all or any part of the Subscription or any other fees when due;
7.6.2 the Subscriber commits a breach of any material obligation under this Agreement and (in the case of a breach which is capable of being remedied ) fails to remedy the breach within thirty days of receiving written notice to do so from imagine;
7.6.3 imagine is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;
7.6.4 the Subscriber is in breach, non-performance or non-observance of this Agreement and/or the Subscriber is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service.
7.6.5 immediately on bankruptcy, insolvency or other contractual incapacity of the Subscriber. imagine shall terminate the Agreement if the period of suspension lasts more than [ninety (90) days].
8 THE EQUIPMENT
 
8.1 The Equipment is and shall remain the property of imagine and the Subscriber shall not be entitled to acquire ownership during or after termination of this Agreement.
8.2 The Subscriber shall;
 
8.2.1 if not the owner of the Premises, obtain all requisite notices and consents from the owner of the Premises prior to installation of the Equipment. imagine shall assume no liability whatsoever arising from the failure of the Subscriber to procure the same;
8.2.2 promptly notify imagine in writing if the Equipment is to be moved to premises not being the Premises. Imagine provides no warranty as to the connectivity to the Services at such new premises, and assumes no liability whatsoever if it is unable to provide the Services at the new premises. In such a case the Service shall terminate upon the date upon which imagine is given access to de-install the Equipment. If this occurs prior to the expiry of the Minimum Subscription Period, the Subscriber shall be liable in full for the charges in respect of the remainder of the Minimum Subscription Period;
8.2.3 not move the Equipment from the site or location of its installation without the prior written consent of imagine, which consent shall not be unreasonably withheld;
8.2.4 not make any alteration or modification to the Equipment without imagine's written consent; and
8.2.5 keep the Equipment free from the claim of third parties and from attachment;
8.2.6 shall not alienate, transfer or encumber the Equipment either in part or as a whole or allow any lien to arise in respect thereof;
8.2.7 advise the owner of the Premises of imagine’s ownership of the Equipment and prior to entering into this Agreement advise imagine of the name and address of the owner (and any subsequent owner) where the Equipment is installed whereupon imagine shall be entitled to notify such persons in writing of imagine’s rights in the Equipment and shall be allowed to inspect the Equipment at all reasonable times.
9 INTELLECTUAL PROPERTY RIGHTS
 
9.1 All content, including but not limited to trademarks, logos and taglines identifying imagine or its affiliates, graphics, images, content, button icons, service names, business names, domain names, copyright and related rights, database rights and rights in get up (the "Content") are solely imagine’s property or that of its operating companies or others.
9.2 imagine’s Content may not be used by the Subscriber for any purpose whatsoever unless the intended use of the Content is approved in advance by imagine in writing.
9.3 imagine reserves the right to seek all remedies available at law, in equity or under international copyright laws for violations of this Agreement, including the right to block access to a particular Internet address or site.
9.4 THE SUBSCRIBER UNDERSTANDS THAT THEY MAY BE HELD LIABLE BOTH UNDER CIVIL AND CRIMINAL LAW FOR INFRINGEMENTS OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SUBSCRIBERS MAY BE HELD LIABLE FOR ALL ACTUAL DAMAGES AND PROFITS, LEGAL FEES, COSTS, OR THE COURT MAY AWARD STATUTORY DAMAGES UNDER THE COPYRIGHT ACT. CRIMINAL LIABILITY CAN ALSO INCLUDE FINES AND IMPRISONMENT.
10 INSURANCE
 
10.1 The Subscriber shall, unless otherwise agreed to by the Parties in writing, for the period of this Agreement, cover the risk of loss and damage to the Equipment.
10.2 If the Equipment or any part thereof is lost, stolen or damaged, irrespective of the cause, then the Subscriber shall immediately notify imagine in writing within 5 (5) days of the happening or becoming aware of any such an event.
10.3 The Subscriber absolves imagine from any liability for all costs in respect of the repair and/or replacement of the Equipment that are not fully or all recovered from the Subscriber.
11 MAINTENANCE
 
11.1 The Subscriber shall take reasonable care in the use of the Equipment and shall at its own cost and expense maintain the Equipment in proper working order and protect it from loss and damage.
11.2 imagine shall, at its own cost, remedy any damage to the Equipment caused by faulty workmanship or defects in the Equipment provided that the Equipment was installed by imagine or by an Authorised Installer approved by imagine.
12 INDEMNITY AND LIMITS OF LIABILITY
 
12.1 The Subscriber hereby indemnifies and holds imagine harmless against any and all losses, injury, damage, fines, penalties and claims of whatsoever nature and howsoever arising from or connected with the Equipment, or the services and whether or not such claims are caused by any act or omission of the Subscriber or anyone else.
12.2 Liability is neither restricted nor excluded for:
 
12.2.1 death or personal injury resulting from any act or omission by imagine or the acts or omissions of imagine representatives or contractors while acting on its behalf; or
12.2.2 direct physical damage to the Subscriber's personal property to an amount not exceeding one thousand pound (£1,000) ex VAT in respect of any one event or series or connected events where such damage arises from imagine’s own negligence, or the negligence of its employees, representatives or contractors while acting in the course of employment by imagine; or
12.2.3 any statutory obligations which cannot by law be excluded or restricted including any liability arising by virtue of Sale of Good and Supply of Services Act 1980.
12.3 imagine will not be liable under or in connection with this Agreement for any unforeseen, consequential or indirect loss or damage, loss of profits, business, revenue, contracts or anticipated savings, wasted expense, financial loss, lost or destroyed data, liability to third parties or for damage or compensation for loss of use of the Services.
12.4 imagine shall not be liable for failure to comply with undertakings under this Agreement if hindered from doing so by something outside its reasonable control. Matters outside its reasonable control will include but not be limited to lightning, flood or severe weather conditions, fire or explosion, civil disorder, terrorist activity, war, actions of local or national government or industrial disputes, performance of leased or rented telecommunications services or network or other operators, and the Internet.
13 PROCEDURE ON TERMINATION
 
13.1 Upon the termination of this Agreement for any reason whatsoever, the Subscriber shall forthwith allow imagine to recover the Equipment, together with all documents as are in the Subscriber's possession relating to the Equipment from the Subscriber.
13.2 The Subscriber shall be obliged, at his own risk and expense, to immediately return the Equipment to imagine to the address to be nominated by imagine.
13.3 The Subscriber shall ensure that the Equipment is returned to imagine in good working order, fair wear and tear excepted.
14 BREACH
 
14.1 Should the Subscriber:
 
14.1.1 default in the payment of any amounts when they are due under the terms of this Agreement; or
14.1.2 fail to observe any other of the terms, conditions and/or obligations (all of which are agreed to be material) of this Agreement or of any other agreement with imagine; or
14.1.3 be sequestrated or placed under judicial management or be wound up, provisionally or finally, or abandon the Equipment, or allow the Equipment to be seized under any legal process; or
14.1.4 suffer to be done anything which might prejudice imagine’s rights under this Agreement or which might cause imagine to suffer any loss or damage; then upon the occurrence of any one or more of these events, imagine shall be entitled to take one or more of the following actions - immediately terminate this Agreement, suspend the Service, take possession of the Equipment, recover from the Subscriber payment of all such amounts due at the date of cancellation, retain all monies already paid by the Subscriber and claim all outstanding amounts which would have been due until expiry of this Agreement and to recover all costs, including legal costs.
14.2 In the event of termination of this Agreement in terms of this paragraph 14 the Subscriber shall be obliged, at his own risk and expense, to immediately return the Equipment to imagine at the address to be nominated by imagine.
15 ASSIGNMENT AND DELEGATION
 
15.1 The Subscriber shall not cede any of his rights nor delegate any of his obligations hereunder without the prior written consent of imagine.
15.2 imagine shall be entitled to transfer to any third party at its absolute discretion all or any of its rights under this Agreement, including its rights of ownership in the Equipment, either absolutely or as collateral security. This clause shall be irrevocably deemed to constitute formal notice of such cession by imagine to the Subscriber. All rights in this Agreement recorded in favour of imagine shall on cession pass to the benefit of the cessionary, who shall then be capable of enforcing such rights against the Subscriber who then shall hold the Equipment on behalf of and in accordance with the instructions and directions of the cessionary;
15.3 imagine shall be entitled to delegate all or any of its obligations under this Agreement to any third party at its absolute discretion.
16 JURISDICTION
 
16.1 This Agreement shall in all respects be governed and construed in accordance with the laws of the Republic of Ireland and all disputes, actions and other matters in connection therewith shall be determined in accordance with such laws. The Courts of Ireland shall have jurisdiction to deal with any proceedings in respect of this Agreement.
17 NOTICES
 
17.1 Each of the Parties chooses, for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement, their respective addresses as set forth on the order form.
18 COSTS
 
18.1 party shall bear their own costs related to the preparation or completion of this Agreement.
19 PERSONAL DATA
 
19.1 imagine respects and protects its Subscribers right to privacy in accordance with the Data Protection Acts 1988 and 2003. Any information obtained by imagine through an application for the Service may be accessed and used by imagine the purposes of performing its obligations under this Agreement and for administration, risk assessment, market research, marketing, debt recovery and credit checking purposes, accurate billing and efficient operation of the Service. The Subscriber shall be deemed to have given consent for the use of their information for such purposes. For full details of how imagine uses the information it collects, and under what circumstances we disclose information, please read the imagine Privacy Statement which is hereby incorporated into and forms part of this Agreement. The Privacy Statement is available on our website at [insert link] or on request from our customer service department
20 RECOMMENDATION TO PRINT
 
20.1 imagine recommends that the Subscriber prints off a copy of these terms and conditions and privacy statement for your own records.

DSL Terms & Conditions September 2008
Click here to download the DSL Terms & Conditions

DEFINITIONS:  
 
1. In this Agreement, unless the context clearly indicates otherwise the following words and expressions shall have the meaning ascribed:

 

“ADSL Line” means an asymmetric digital subscriber line;


“Agreement” means the Customer Authorisation Form, imagine’s Code of Practice and Acceptable Usage Policy, and this service agreement between imagine and the Customer (as may be amended or replaced from time to time) for the provision and where applicable for the installation of the Service;


“BT” means British Telecom which is the entity that provides access to the physical telephone line(s) and associated services across which the Service is provided;


“Charge(s)” means the monthly rental charge, the connection charge and any and all other charges payable by the Customer to imagine hereunder as set out in our website at www.imaginebroadband.co.uk; All Charges shall be ex VAT and any other taxes unless otherwise stated.


“Connection Charge” means the once off non-recurring charge payable by the Customer for initial provision and where applicable installation of the Service;


“Content” means data, information, video, graphics, sound, music, pictures, text, code, scripts, photographs, software and any other material (in whatever form) which may be made available as part of the Service;


“Customer” or “you” means the person with whom imagine makes has made or is deemed to have made an agreement for the provision to such person of the Service and also means a person to whom such Service has been or is being provided;


“Customer Authorisation Form” means either the form submitted by you to imagine requesting provision of the Service or if you order by telephone, a form completed by the imagine representative containing the details we require from you to enable us to provide you with the Service;


“Full-Install” means the installation of the Service at the Premises by an imagine technician or a nominated representative imagine;


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


“Minimum Period” means twelve calendar months from the RFS date;


“Modem” means the modem supplied by imagine which will enable Customers computer to connect to the ADSL Line;


"imagine", “we” or “us” shall mean imagine Internet Services Limited with its principal place of business at Unit 6 Sandyford Business Centre, Sandyford Industrial Estate, Dublin 18, Ireland;


“Premises” means the location where the Service is provided;


“Rental Charge” means the monthly recurring charge payable by the Customer to imagine in respect of the Service;


“Ready for Service date” (otherwise “RFS date”) means the date on which the ADSL Line provided by imagine is available for use by the Customer;


“Self-Install” means the supply of a Modem by imagine to the Customer together with instructions to enable the Customer to carry-out the installation itself;


“Service” means the imagine service that provides you with high speed access to the Internet via your BT telephone line and using the Modem, whilst retaining the ability simultaneously to carry out voice telephone conversations;


“Service Option” means the Service level option the Customer has subscribed to;

2. GENERAL TERMS of service
 
1. imagine supplies a Service and where relevant a Modem to the Customer, pursuant to this Agreement, and hereby grants the Customer the right to use Modem and the Service, and the Customer accepts such use on the terms and conditions as set out in this Agreement. A contract for the Services will only be formed if the Customer's order is accepted by imagine. Taking payment from your credit card does not indicate acceptance. If the your credit card is debited before the contract is formed, and if your order is ultimately rejected, we will refund any monies debited from your credit card.
2. imagine will provide the Services to the Customer from the date the Service is activated. Use of the Service by the Customer shall be deemed to be an acceptance by the Customer of these terms and conditions.
3. Once you have registered for the Service, you will be able, subject to Clause 3.6, to access the Service on an “always-on” basis at transmission up to the agreed level for the Service Option you have subscribed to.
4. The Service shall be provided either by way of Full-Install or, by way of Self-Install.
5. The Service is available at different levels and subject to imagine’s usage policy which sets out the amount of content you are allowed to transfer each month. Each level has a particular bandwidth and a monthly upload and monthly download limit. The Customer shall select the level of the Service it wishes to avail of and shall inform imagine of its selection. The Customer agrees to be bound by the Monthly Upload and Monthly Download Limits attaching to the selected level of the Service the Customer has subscribed to under it’s chosen Service Option. In the event that Customer exceeds the Monthly Upload and/or Monthly Download limits, we may upgrade you to a different Service Option that is better suited to your usage. We reserve the right to charge you for your extra usage (80p per 0.5Gb) or terminate this Agreement. imagine will give you one months notice before we take any of these actions. If we upgrade you to another Service Option, a new Minimum Period will apply.
6. imagine may also take action to manage network capacity during periods of peak demand at its own discretion, to ensure acceptable service levels to Customers. In the event imagine becomes aware of improper or disproportionate use of the network capacity by a Customer, it retains the right to suspend the Service to that Customer until the matter is resolved.
7. The Customer may change from their existing Service Option to another Service Option (the New Service Option) by giving imagine 30 days notice. As set out above, the Customer will then be subject to a new Minimum Period unless imagine has changed the Service Option. During the Minimum Period, the Customer is not permitted to downgrade from an existing Service Option. After the Minimum Period, if the Customer downgrades from an existing Service Option, a charge may be levied.
3. Provision of service
 
1. imagine shall provide the Service to the Customer in accordance with the terms and conditions of this Agreement. The Customer acknowledges that imagine’s provision of the Service and its ability to provide the Service to the Customer is dependent upon BT’s ability to provide the Service to imagine. The Customer acknowledges that there may be technical limitations that inhibit the activation or provision of the Service to the Customer. imagine agrees to notify BT of any issues concerning the Service that the Customer brings to imagine’s attention, but it cannot guarantee rectification of these issues by BT.
2. imagine will make reasonable efforts to connect the Services within eight Business Days of receipt of your accurately completed and signed Customer Authorisation Form.
3. imagine does not accept any liability for any defects or errors in either the Service or the Modem.
4. The Customer acknowledges that imagine cannot warrant that the Service will be interrupted or error free or that the transmission of information through the Service will be secure. The Service may be suspended for operational reasons (such as maintenance or Service upgrades) or because of an emergency. Before suspending or interrupting the Service (as aforesaid) imagine shall use its reasonable commercial endeavours to give the Customer as much notice as is reasonably possible.
5. The Customer acknowledges that it is technically impracticable to provide the Service free from errors and/or faults and imagine does not undertake to do so. imagine shall provide a helpdesk facility to enable faults to be reported and resolved but does not warrant that all faults will be corrected.
6. The obligations of imagine to provide the Service shall be conditional upon the Technical Requirements (as set out in Clause 3.6.1 below) being satisfied. The Customer acknowledges that the Service may not be available outside the Service Availability Area as specified on our website and that:
 
1. the Service will only be available if the Customer has a valid contract for the use of a BT analogue direct exchange line which terminates on a master socket forming part of BT's telecommunications network;
2. the Customer has a PC that satisfies the technical requirements (details of PC requirements are set out on our website); and
3. the Customer’s Premises falls within the Service Availability Area.
7. Except as may be expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
8. The Customer acknowledges that due to contention on both the BT network and imagine’s access link, the speed of the Service may be reduced or may not be available at times. However, nothing in this Agreement is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded
9. On the placing of the order for the Service, the Customer shall be provided with:
 
1. the RFS Date by imagine; and
2. where the Customer so requests imagine shall provide it with the use of a Modem for the duration of this Agreement and subject to clause 4 to facilitate connection to the Service.
10. The Customer will be allocated both a user name and a password in order to access the Service. You will be solely responsible for keeping your password confidential and agree to take all necessary steps to ensure that it is kept secure and is not disclosed to any unauthorised person. The Customer will immediately inform imagine upon becoming aware of any suspected or actual unauthorised use of the Service and will take all steps necessary (or as requested by us) to prevent such unauthorised use.
11. imagine may monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services.
4. Modem
 
1. imagine shall use its reasonable endeavours to deliver the Modem to the notified Premises by the delivery date communicated to you. You should be aware that this delivery date is not guaranteed nor shall imagine be liable to you if the Modem does not reach you by the a specified delivery date.
2. The Customer shall inspect the Modem immediately upon receipt and inform us in writing within 5 (five) days of delivery of any damage or missing items from the delivery.
3. If the Customer fails to take delivery of the Modem (or fails to give us appropriate delivery instructions) unless this was out of their reasonable control then without prejudice to any other rights or remedies available to us, imagine may store the Modem until actual delivery and charge you for the reasonable costs (including insurance) of this storage.
4. Ownership of the Modem shall remain with imagine at all times. All risk of loss and damage in and to the Modem shall from the date of delivery to the Customer vest with the Customer. You should not allow any third parties to modify or interfere with the Modem. The Customer is responsible for all damage caused to the Modem through any action or inaction on its behalf and the Customer shall be liable to imagine for the full market replacement cost of the Modem if it is damaged due to the negligence, recklessness or carelessness of the Customer. For the avoidance of doubt, you will not be liable for any loss or damage to the Modem to the extent that it is caused by imagine or its servants or agents, due to fair wear and tear or due to a manufacturing fault with the Modem.
5. In the event that imagine provides the Customer with a replacement Modem as a result of a fault which is covered under the manufacturer's warranty, the Customer must return the faulty Modem to imagine within 14 days of receipt of the replacement Modem. If the Customer fails to return the faulty Modem to imagine within 14 days, imagine reserves the right to charge the Customer the full replacement cost for such Modem unless actual proof of postage can be provided to imagine.
6. The Modem is covered by a manufacturer's warranty. The Customer shall be responsible for contacting and returning any registration or warranty cards to the Modem manufacturer. imagine shall not be held responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair the Modem.
7. imagine Customer service can only provide technical assistance for Modems supplied by imagine. On termination of this Agreement for whatever reason, you agree to immediately return the Modem at your own cost to imagine’s offices or as otherwise agreed with imagine. If you do not return the Modem, you will be liable to imagine for the then replacement value of the Modem.
5. Payment
 
1. The Rental Charges for the Service will be billed in advance and any other usage charges will be billed in arrears. Where possible, all relevant Charges will appear on your next bill, but sometimes there may be a delay. The Customer is liable for all the Charges, whether you or a third party uses the Service.
2. imagine will make the Customers bill available though our ‘Customer Self Care’ web interface. The Customer will be provided with a username & password to access this online service at www.imaginebroadband.co.uk imagine will notify the Customer of their first bill shortly after they have been provided the Service for the first time. After that, bills will available on our ‘Customer Self Care’ regularly. However, sometimes imagine may send a bill at a different time, for example if the amount of money owed is considerably higher than expected.
3. The Customer agrees to pay the Charges as soon as they receive email notification of their bill. If the Customer does not pay their bill, imagine will send a reminder or call the Customer to notify the Customer of the unpaid amounts.
4. If payment for the bill is not received within seven (7) calendar days of the date of the reminder then imagine may suspend the Service to the Customer.
5. If payment for the bill is not received after a further seven (7) days then the Service may be terminated. If this occurs within the Minimum Period, the Customer will be liable for Charges for the remainder of the Minimum Period.
6. If payment is received after the Service has been terminated the Customer will be charged a reactivation fee of £25.00.
7. Should a Subscriber’s payment fail for any reason that is due to the Subscriber, imagine shall apply an administration charge of £10 ex VAT for each and every event of failure.
8. When imagine needs to contact the Customer, we will use the Customer’s billing address, email address, mobile or fixed phone number as provided to us via the Customer Authorisation Form or otherwise. If the Customer needs to contact imagine, they may use the address on their last bill or any other email address or phone number imagine has provided for that purpose.
6. Term and Termination
 
1. This Agreement shall commence on the Ready for Service date and shall be for the Minimum Period. Provided that this Agreement has not been terminated in accordance with the terms of this Agreement, this Agreement shall thereafter automatically continue in force until terminated by either imagine or the Customer as set out herein. For the purposes of this clause, a twelve month period will be calculated from the anniversary of the RFS date.
2. After the Minimum Period, the Customer may terminate this Agreement by giving imagine 30 days prior written notice. If the Customer terminates this Agreement (for any other reason that breach by imagine before the Minimum Period expires, the Customer shall be liable for a sum equal to the balance of the charges for the remainder of the Minimum Period.
3. If the Customer is terminating this Agreement as a result of changes to the terms and conditions of the Service that are to their significant disadvantage, and the Customer is no longer within the Minimum Period, the Customer will not be liable for Rental Charges for the period from the date of their termination notice to the end of this Agreement, to a maximum of 30 days.
4. If the Customer moves Premises within Northern Ireland, and advises imagine of the move at least seven (7) days in advance of the move, imagine will continue to provide the Service to the Customer, if it is in a position to do so, at the new Premises. If imagine is unable to provide the Service at the new Premises due to reasons outside of its control, and the Customer is still within it’s Minimum Period, the Customer will nonetheless have to pay the Charges due for the remainder of the Minimum Period. If imagine continues the Service at the new Premises, a new twelve month Minimum Period will apply from the date of provision of the Services as the New Premises. Please note that in some cases it can take up to 20 working days to have the Service transferred to a new Premises (or longer in some instances).
5. In the event that the Customer terminates their telephone account with BT or they change the services on the telephone line on which they currently use the Service, so that the Service is unable to operate normally, the Service will terminate and the Customer will be liable for the Charges for the remainder of the Minimum Period.
6. In the event that for any technical reason imagine is unable to continue providing the Service, or a fault develops which cannot be remedied at an economical cost to imagine, this Service maybe terminated by imagine immediately. If imagine terminates in such circumstances, the Customer will not be liable for any outstanding Charges for the remainder of the Minimum Period.
7. BT requests that we inform you that activation of the Service may result in you experiencing a temporary loss of your analogue BT line.
8. imagine reserves the right to suspend the Service and/or terminate this Agreement without notice to the Customer and to claim for any losses or expenses (if any) incurred by imagine as a result of such suspension and/or termination if;
 
1. the Customer fails to pay all or any part of the Charges or any other fees when due;
2. the Customer commits a breach of this Agreement and (in the case of a breach which is capable of being remedied ) fails to remedy the breach within fourteen days of receiving written notice to do so from imagine;
3. imagine is obliged to comply with an order, instruction or request of Government, regulatory body, emergency service organisation or other competent authority;
4. the Customer is in breach, non-performance or non-observance of this Agreement and/or the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service; or
5. immediately on bankruptcy, insolvency or other contractual incapacity of the Customer.
9. For the avoidance of doubt, on termination of this Agreement, all Charges accrued by you shall become immediately due and payable.
7. Use of Service
 
1. When Customers use the Service for Internet access, they may not:
 
1. violate the law or aid another in any unlawful act;
2. resell or provide access to the Service or to any other imagine service to any third parties or parties not located on the same Premises, without the prior express written consent of imagine. Breach of this provision may result in immediate suspension of the Service until the problem is corrected;
3. restrict or inhibit any other user from using the Internet;
4. post or transmit any unlawful, threatening, abusive, libellous, defamatory, vulgar, obscene, indecent, pornographic, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting, or encouraging conduct that would constitute, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation export and import control laws and regulations;
5. post or transmit any information or software that contains a Trojan, worm, virus or other harmful component;
6. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes;
7. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;
8. upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or derivative works, as are copyrighted as a collective work under European, English or International copyright laws;
9. remove or alter copyright management information including, without limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;
10. avoid, bypass, remove, deactivate or circumvent by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner;
11. send large quantities of unwanted or unsolicited email to individual email accounts (also known as "spamming" or "mail bombing');
12. obtain or attempt to obtain Services by any means or device with intent to avoid payment or make any unauthorized attempt to gain access to any account or computer or voice resource not belonging to the Customer (also known as 'spoofing', ‘phising’ or ‘vishing’);
13. make any unauthorised access, alteration, destruction, or any attempt, of any information of any imagine Customers or end-users by any means or device;
14. knowingly engage in any activity that will cause a denial of Services (DoS) (e.g., synchronized number sequence attacks) to any imagine Customers or end-users, or any other person;
15. use imagine’s products and services to interfere with the use of imagine’s network by other Customers, authorized users or any other person;
16. run programs or servers that provide network services to others through the Services ("web hosting"), which includes, but is not limited to, operating a web/mail/ftp or peer-to-peer server to serve external connections, unless that right has been incorporated into this Agreement;
17. use the Services in such away as to impair or degrade the operation or performance of the Services and/or imagine’s network, including but not limited to abusive or excessive use.
2. Except for information, products or services clearly identified as being supplied by imagine, imagine does not operate or control any information, products or services on the Internet.
3. The Internet contains unedited materials that Customers may find offensive or objectionable. Customers access such materials at their own risk. imagine has no control over and accepts no responsibility for these materials. Customers may wish to utilize software designed to limit access to certain material on the Internet.
4. All content, including but not limited to trademarks and taglines identifying imagine or its affiliates, graphics, images, content, button icons, and service names are solely imagine’s property, that of its operating companies or others.
5. imagine’s logo may not be used by the Customer for any purpose whatsoever unless the intended use of the logo is approved in advance by NTR Broadband in writing.
6. imagine reserve the right to seek all remedies available at law, in equity or under international copyright laws for violations of this Agreement, including the right to block access to a particular Internet address or site.
7. imagine is not responsible for content or policies available on other sites linked to its site. Use of any links to other web page’s, is at the Customers own risk.
8. The Customer understands that they may be held liable both under civil and criminal law for infringements of the intellectual property rights of others. Customers may be held liable for all actual damages and profits, legal fees, costs, or the court may award statutory damages under the Copyright Act. Criminal liability can also include fines and imprisonment.
9. imagine may take any action it deems appropriate without notice to protect the Services and its facilities for provision of the Services. If imagine denies Customers access to Services pursuant to this Section, Customers will have no right:-
 
1. to access through imagine any materials stored on the Internet, or
2. to access third party services, merchandise or information on the Internet through imagine, and imagine will have no responsibility to notify any third-party providers of services, merchandise or information nor have any responsibility to any consequences resulting from lack of notification.
10. imagine has no obligation to monitor Services. Customers agree that imagine has the right to monitor Services electronically from time to time, and consent to imagine’s access, use and disclosure of any information as necessary to satisfy any law, regulation or other governmental request, to operate Services properly, to improve Services, or to protect itself or its Customers. imagine reserves the right to refuse or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this Agreement. (A copy of our Privacy Policy is available from our website or upon request)
11. If Customers wish to make purchases on the Internet, they may be asked by the merchant or imagine, from whom they are making the purchase to supply certain information, including credit card or other payment mechanism information. Unless imagine is a party to such transaction however, imagine disclaims any and all liability for any failure or duplication of such a transaction as a result of any cause whatsoever, including disruption of the Service for any cause whatsoever.
12. imagine Internet service is provided on an 'as is, as available" basis. Customers release imagine from and imagine shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by any Customer in connection with their use of or inability to use imagine’s services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by them even if the same is caused by imagine’s own negligence. imagine specifically disclaims any responsibility for the accuracy or quality of information obtained through its Service.
13. Any network address assignments issued by imagine (i.e., Class C address Internet Protocol numbers) are the property of imagine and are considered to be loaned to its Customers. In the event service with imagine is discontinued for any reason, such IP addresses will revert to imagine
14. If any provision of this Agreement is prohibited by law or found to be unlawful, void or otherwise unenforceable, such provision shall, to the extent required by applicable law, be severed from this Agreement. The remaining provisions of this Agreement shall not as far as possible be changed or modified and all other terms and conditions not so severed shall continue in full force and effect.
15. imagine reserves the right to change the charges and the terms and conditions of the service. We will publish details of all changes online at www.imaginebroadband.co.uk
 
1. a price increase or a change to the terms and conditions that imagine believe is likely to be the Customer’s significant disadvantage: at least one month before it happens;
2. other price changes and changes to the terms and conditions: within the Customers next available bill or an alternative method if this is simpler.
3. for changes imagine need to make to meet legal and regulatory requirements, imagine may be unable to meet these timescales. We will therefore endeavour to let the Customer know about these changes as soon as possible.
8. Disclaimers
 

This clause limits imagine’s legal liability to you for your access to and use of the Service. You should read this clause carefully. Nothing in this Agreement is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.


The SERVICE IS available to all users “as is” and, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS MADE AVAILABLE without any representations or warranties of any kind, either express or implied.


imagine makes no representations, warranties or undertakings that the SERVICE, the MODEM or any other equipment that makes the service available, will be free from defects, including, but not limited to viruses or other harmful elements. to the maximum extent permitted by applicable law, imagine accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of imagine, which corrupts or effects the administration, security, fairness and the integrity or proper conduct of any aspect of the SERVICE.


All use by you of the SERVICE is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your using of, or referring to or relying on the MODEM or the Service, or any other information obtained from your use of the SERVICe. You agree that, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, imagine and providers of telecommunications and network services to imagine will not be liable for damages arising out of your use or your inability to use the SERVICE, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.

No advice or information, whether oral or written, obtained by you from imagine shall be deemed to alter this disclaimer of warranty, or to create any warranty.

9. exclusion of liability
 
1. To the fullest extent permitted by applicable law, neither imagine nor any of its directors, employees, servants, agents, affiliates or other representatives and/or their respective parent and subsidiary companies will be liable for any loss, damage penalty, action, cost, expense or liability of any kind whatsoever arising out of or in connection with your, or a third party’s, use of, or inability to use, the Modem, the Services, or any materials, software and/or facilities offered through the Services, including, but not limited to, indirect, special or consequential loss or damage or loss of data, income, profit or opportunity or loss of or damage to property or any claims of third parties, even if imagine has been advised of the possibility of such loss or damage, or such loss or damage was reasonably foreseeable.
2. imagine makes no representations, warranties or undertakings about any content of or information on any other service referred to or accessed through the Services imagine does not endorse or approve the content of any third party materials, nor will imagine have any liability in connection with any third party site or any contract entered into on or through any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity, liability for non-performance or delayed performance of any such contract or liability for claims regarding the nature, quality or merchantability of any good or service purchased, the fitness for the purpose for which they have been sold or for any other purpose). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability which might arise out of, or in connection with your use or reliance on the content of or information on, or the performance of, any third party site is excluded by imagine. Nor can imagine guarantee that the controller of any third party service will respect your privacy in the same manner and to the same extent as imagine.
10. indemnity
 
1. The Customer shall indemnify and keep imagine fully and effectively indemnified and hold imagine harmless, on an after tax basis, from and against any and all any liabilities, demands obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses, attorney’s fees or disbursements of any kind or nature whatsoever which may arise or which may be in any way connected with use of the Services or the Modem by you or any third party.
11. Personal Data
 
1. The personal data that you provide when subscribing to the Service (Registration Details) shall be true, accurate and complete. You agree to inform imagine of any changes to your registration details immediately by email addressed to support@imaginebroadband.co.uk
2. imagine will respect your personal information and undertakes to comply with all applicable UK Data Protection legislation.
3. Other than as required by law, or as permitted under this Agreement, imagine shall not disclose your Registration Details to any third party without your permission.
4. In relation to your Registration Details, you agree and hereby consent to imagine passing those details to BT and to such other third parties as may be necessary in order to provide and operate the Service and deliver the Modem.
5. Use of your Registration Details will be in accordance with our Privacy Policy . If applicable, our use will however be subject to any limitations you selected or choices you made at the time of ordering the Service in which you have provided registration details. As a Customer of the Service you agree that we may send you information mailings regarding the Service.
12. Security
 
1. While imagine has taken reasonable security precautions, you understand that the nature of communication by the internet and other electronic means is such that imagine cannot guarantee the privacy or confidentiality of any information relating to you which is transmitted by such methods. In accessing the Services and in availing of the Services, you accept that communications may not be free from interference by third parties and may not remain confidential. The use of the Services is at the your sole risk.
13. Promotions
 
1. From time to time, imagine may announce promotions for both existing Customers and new Customers. imagine reserves the right to amend, withdraw and extend promotions at anytime.
2. In all cases, unless otherwise stated within the promotion details, customer credits will be allocated to their imagine subscription account and cannot be transferred to any other account.
3. Promotions specifically targeted at new Customers will not be applicable to existing Customers. Existing Customers who cancel and then subsequently re-apply for the Service may not be eligible for promotions open to new Customers.
14. Force Majeure
 
1. In the event of Force Majeure, neither party shall be held in breach of its obligations hereunder (except in relation to obligations to make payments) nor be liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond its reasonable control including, without limitation, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labour disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the control of the parties.
15. miscellaneous
 
1. This Agreement contains the entire agreement between the Parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
2. No indulgence, leniency or extension of time which imagine may grant or show to the Customer, shall in any way prejudice imagine or preclude imagine from exercising any of its rights in the future.
3. The Customer acknowledges that this Agreement was fully completed and the particulars set forth therein are true and correct.
4. This Agreement shall be governed by and construed in accordance with Northern Ireland Law and the parties hereby agree to submit to the exclusive jurisdiction of the High Court of Northern Ireland in respect of any dispute or matter arising out of or in connection with the Agreement.
5. The headings in this Agreement are for convenience only and shall not affect its interpretation.
6. The parties agree that the fact that this Agreement may be stored or exchanged in electronic form shall not affect its validity.
7.
If any term or provision of this Agreement shall be held to be illegal or unenforceable, in whole or in part, such term or provision or part shall to that extent be deemed not to form part of this Agreement and shall not affect the enforceability of the remainder of this Agreement.
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