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| In these terms and conditions “we”, “us”, “our” and the “Company“ refers to NJP Services Ltd, 61 London Road, Blackwater, Camberley, Surrey, GU17 0AB and “you”, “your” and “yours” refers to the main registered adult user. You are responsible for ensuring that your ScotDSL internet account is not abused and that all legitimate users of your ScotDSL account observe these terms and conditions and the Acceptable Use Policy. The term “week” refers to a timescale beginning Monday at 00.00 hrs and ending 23.59 hrs the following Sunday. | |
| Definitions and Interpretation | |
| 1.1 | Headings are for guidance and do not form any part of any contract between you and us. |
| 1.2 | Any reference to the masculine gender in these terms includes the feminine and neuter genders and vice-versa and reference to the singular also includes the plural and vice-versa. |
| 1.3 | "Charges" means the charges payable by you for the Service, details of which appear on the Price List. |
| 1.4 | "Price List" means the prices published by ScotDSL on the sign up pages of charges payable for the Service, as may be amended by ScotDSL from time to time. |
| 1.5 | "Minimum Period" means a period of 1 month commencing from the Start Date; |
| 1.6 | "Minimum Period" means a period of 1 month commencing from the Start Date; this minimum period forms part of the agreement for any special offers that are advertised on the website and indicated as such an offer. |
| 2 | Your ScotDSL Account |
| 2.1 | Payment of the monthly subscription of £ 8.95 (inclusive of VAT) entitles you to access to the internet for one calendar month (irrespective of the length of that month). You are entitled to access the Internet for a period of no more than 168 hours per week, after which your account will become inactive until the beginning of the following week. The ScotDSL Internet access will be provided with a modem contention ratio of 15:1. In order to prevent wasted use and also to maintain the quality of service to other users, if the ScotDSL system detects that a line is idle for more than ten minutes, it may terminate the connection (but this does not impose an obligation on ScotDSL to do so). Please note that in some instances, even though there is no activity on your part, data may be sent to you from a site and so will not register as being idle. |
| 2.2 | Your ScotDSL account runs from calendar month to calendar month commencing with the date upon which your application is accepted. Each subsequent payment is then collected there after every 30 (thirty) days unless extended by us for any reason. In making your application, you are asking us to commence the service to you immediately. Under the Consumer Protection (Distance Selling) Regulations 2000, you are entitled to cancel your account at any time within seven (7) working days of your application being accepted but in asking us to make your account available to you immediately, you are thereby waiving your right to cancel. Please also note that the account services continue to run for more than thirty (30) days. |
| 2.3 | We reserve the right to refuse all applications for an account. |
| 3 | Your duties as a ScotDSL Account Holder |
| 3.1 | You must make sure that you have a BT line with caller ID in effect when dialling into your ScotDSL account. Failure to have such an account with caller ID means that access will not work and also constitutes a material breach of these terms. If you have a BT line but have generally barred caller ID, you can learn how to override it on an individual call basis by visiting our help service. You must also have a stand-alone computer with a modem. |
| 3.2 | You are responsible for ensuring that your computer dials up using the correct telephone number. |
| 3.3 | You must not disclose your general or adult passwords or user IDs to any third parties. You, the adult account user, must not disclose your adult password to anyone other than another adult user of the same computer in the same household. Other passwords and user IDs must not be disclosed to any third parties except for other members of your household using your Internet account from the same computer and telephone line. |
| 3.4 | If you suspect that the password and/or user ID has been revealed to a third party or that there has been any misuse of your account, you must notify us immediately and seek fresh passwords and user IDs. |
| 3.5 | You must observe the terms of our Acceptable Use Policy, particularly the restriction on the use of your account for business or other non-personal purposes. Breach of the Acceptable Use Policy is deemed to be a material breach of these terms as well. |
| 3.6 | You agree to indemnify us (on a full indemnity basis, which means that you reimburse us for everything we pay or become liable to pay) against all costs (including but not limited to legal costs) claims and liabilities arising from breach of these terms including any deemed breach arising from breach of the Acceptable Use Policy. |
| 4 | Payment Terms |
| 4.1 | All payments must be made by credit or debit card. We will debit your account with your monthly fee until the expiry of any notice of termination under these terms. If for any reason we are not able to collect money from your account at any time, it will be deemed a material breach of these terms and your account may be suspended or terminated immediately without notice but without prejudice to our right to collect sufficient monies from you to cover any period of notice of termination which should have been given before terminating the account. If for any reason we are not able to collect money from your account at any time, we will continue to try to bill you every 24 hours until the transaction goes through successfully. As soon as the transaction clears, either using your existing details or the new ones you provide, your account will automatically be unsuspended. |
| 4.2 | If we continue your account despite non-payment, any unpaid monies will attract interest at an annual rate of 8% above HSBC Bank base rate for the duration of the time the account remains unpaid. Interest will be calcualted on a daily basis. |
| 4.3 | All monies due to us must be paid in pounds sterling (net). |
| 4.4 | You are not entitled to exercise any right of set off or other deduction against all monies due to us under these terms. |
| 4.5 | You are not entitled to exercise any right of set off or other deduction against all monies due to us under these terms. |
| 5 | Age Warranty |
| 5.1 | You warrant to us that you are over eighteen (18) years of age and that you are the holder of the credit card used for payment of your ScotDSL account from time to time. |
| 6 | Exemptions and Exclusions |
| 6.1 | Neither we nor you are liable for any breach of these terms arising from circumstances reasonably beyond the relevant party’s control. We and you agree to use all reasonable efforts to overcome any such problem at the earliest opportunity and to re-commence performance as soon as reasonably possible. |
| 6.2 | Our liability under these terms will not in any circumstances exceed £15,000 being the amount of our indemnity insurance cover. |
| 6.3 | You will appreciate that the nature of email and the internet is such that we can never guarantee delivery or receipt of email. We therefore cannot accept any responsibility for any loss you incur through misdelivery, non-delivery or non-receipt of email. We will endeavour to provide you with services under your ScotDSL account but there will inevitably be periods when we are not able to offer the service either due to an unforeseen emergency or due to planned maintenance and improvement works. We cannot therefore guarantee access to your account at all times and will not accept any responsibility for any loss arising from any “down time” but will endeavour to warn you regarding scheduled, non-urgent down time for maintenance and improvements. |
| 6.4 | You are responsible for checking any material that you download from a website using your ScotDSL account and any email that you may receive for viruses, worms and other computer code which may have a negative effect on the use of your computer. We recommend that you maintain an up to date virus-checker but would point out that no such checker will be fully comprehensive as new viruses and such like are being created all the time. |
| 7 | Suspension and Termination |
| 7.1 | You may terminate your Internet account at any time without cause by using the Cancel Account link in your secure members control panel. Should you breach these Terms and Conditions or the ScotDSL Acceptable Use Policy we may terminate your account immediately, otherwise we may terminate your account by giving you notice. Cancellation must be completed by using the Cancel Account link within your secure members control panel. Any purported cancellation by telephone, email, fax, post or any other form will not be acceptable and must be completed within your secure members control panel before it will be accepted and effective under these terms. |
| 7.2 | If you terminate without notice or cause us to terminate in accordance with our rights in these terms, fees will be due until the date that termination would have been effective had proper notice been served. No part month payments or refunds will be entered into at any time. You undertake not to withdraw authority to debit your credit card for fees due in respect of any notice period. You acknowledge therefore that withdrawal of your authority for the card to be debited or any attempt to persuade your credit card service provider to charge back any monies debited lawfully under these terms will be treated as the criminal offence of fraud and carries a standard administration fee of eighty pounds (£80). |
| 7.3 | We are entitled to terminate your account if you commit a material breach of these terms or for a breach of our Acceptable Use Policy and carries a standard administration fee of eighty pounds (£80). We reserve the right entirely at our discretion to suspend your ScotDSL account rather than terminating it. We also reserve the right to suspend your account if required to do so by the government, the police or other administrative, military or intelligence authority (irrespective of whether such authority is entitled to require us to do so). |
| 7.4 | If we exercise our right to suspend your ScotDSL account, this does not waive our right subsequently to terminate your ScotDSL account for the same conduct. |
| 7.5 | In the event of termination you will not be entitled to a refund of partial months of your subscription fees, any remaining whole months are to be refunded on a pro rata basis. |
| 7.6 | In the event of lawful suspension of your ScotDSL account, we will not be liable to refund your subscription fee for partial months, any remaining whole months are to be refunded on a pro rata basis. |
| 7.7 | Unless in your application form you ask us to wait seven (7) working days before doing so, we will activate your account as soon as your application has been approved, so you will lose your right under the Consumer Protection (Distance Selling) Regulations 2000 to withdraw without charge within seven working days of your application being accepted. The Regulations also require us to inform you that the ScotDSL account runs for a minimum of one month. |
| 8 | Privacy Policy |
| 8.1 | We do not, during the normal course of business, sell the database of our ScotDSL account holders to third parties. However, in the event that our shareholders decide to dispose of a majority of the shares in the company or in the event of a sale of the company’s assets or subsequent liquidation of the company, that database may be made available to third parties. Insofar as it may be within our control to do so, we will endeavour to ensure that they observe terms similar to those set out in this clause 8. |
| 8.2 | In applying for internet access and an email account through ScotDSL you are accepting that we may use your information for marketing our own products and from time to time, where we believe it may be beneficial to all account holders to do so, we may also send you information on the products and services of other companies. Before entering into the aggreement you will be given the option to withhold your permission to receive further information about these products and services. |
| 8.3 | When you register details with us, make an order or access account details, we use a secure service. Any data you give us is encrypted using a “Secure Socket Layer” (SSL) session. SSL is an industry standard and is one of the best ways to ensure internet messages are not intercepted. You should be aware, however, that all the browsers cannot use SSL. To be sure, you will need Microsoft Internet Explorer browsers, Version 4 or above. |
| 9 | General |
| 9.1 | These terms set out the entire terms between us. Please therefore make sure that any representations or information given to you to induce you to enter into this agreement have been confirmed in these terms. As we ask you to do that, we will not accept responsibility for any misrepresentations made by us (except in the unlikely event of fraudulent ones). These terms may not be altered unless we confirm our acceptance of any alteration to you in writing, expressly stating that it is intended to vary these terms. |
| 9.2 | We may assign provision of some of the services for your Internet account at our discretion. You may not assign your ScotDSL account however. |
| 9.3 | Notice may be given to you by email using your account or by posting a note to you conspicuously on the ScotDSL website. |
| 9.4 | If you are joint holders of a credit card and therefore joint account holders, all liability under these terms is joint and several. |
| 9.5 | If we grant you any indulgences in the enforcement of these terms, it will not act as a waiver of our rights, which remain in full force and effect. |
| 9.6 | These terms are not intended to benefit any third party including other members of your household. |
| 9.7 | These terms are to be construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of English Courts of Law. You confirm that you have read and understood these terms by proceeding with your application. |
| ACCEPTABLE USE POLICY OF SCOTDSL | |
| 1 | The following constitutes guidance on the acceptable use of your ScotDSL account. In this policy "we", "us", "our", "you" and "your" are given the same meaning as in ScotDSL terms and conditions. |
| 2 | You agree to accept responsibility for acceptable use by anyone using your ScotDSL account, whether authorised or not - this is for you to ensure that you keep passwords and user IDs sufficiently secure to prevent unauthorised access. |
| 3 | You must not disclose your password to any third party other than members of your household using your computer and telephone line. |
| 4 | To ensure we offer all our customers the best possible service, we apply the following restrictions: This is not an “always on” service and is not intended to support automatic or unattended connections. Users of free access periods are limited to an online session of 2 hours. After this time, the Internet connection is automatically broken, although it is perfectly possible to re-connect immediately. We continuously monitor our networks to ensure that congestion is not occurring. If usage is such that it is significantly affecting service to other users we will instigate congestion control measures. This is necessary to allow all subscribers access to the service. If you are downloading a large file, and reach the 2 hour limit, then disconnection still occurs. Under these circumstances you can prevent the loss of data already downloaded by using a Download Manager; such a tool automatically resumes the download from the point where the disconnection took place. It is not possible to recommend a particular Download Manager, or to offer operational support, but their use is quite acceptable. Further, if your connection to ScotDSL is idle (no signals sent or received), then the connection will be dropped by our servers after a period of 10 minutes. You are welcome to re-connect when you wish. |
| 5 | You must not use your account to initiate or propagate chain emails or pyramid emails nor must you send malicious, bulk or unsolicited emails, whether of a commercial nature or not. |
| 6 | You must not do anything, which may lead to an excessive demand on ScotDSL's servers. |
| 7 | You must not email someone who has specifically requested that you do not do so. |
| 8 | You must make sure that your computer cannot be used to forward emails for a third party. |
| 9 | You must not send emails, attempting to disguise the fact that you have sent that email. |
| Unlawful Behaviour | |
| 10 | You must not use your ScotDSL account for illegal or unlawful purposes. In particular you must not do anything, which may be obscene, defamatory, cause offence, constitute an illegal threat or harassment or breach any third party intellectual property rights. You must also not use your account in order to gain or attempt to gain unauthorised access to any computer system including ours nor for any other illegal purpose. |
| 11 | We reserve the right to amend this policy at any time. Any amendments will be effective fourteen (14) days after being conspicuously posted on the ScotDSL website. |
| General | |
| If you become aware of any breaches of this policy by other uses, please email the abuse department and attach a copy of any evidence you may have to support your complaint. We will endeavour to investigate all complaints thoroughly although we will not normally report to you regarding the outcome of any investigation. Please note that some violations of this Acceptable Use Policy will constitute a criminal offence (as well as involving civil liability) and we have a policy to co-operate with all relevant authorities in connection with the investigation of suspected criminal offences and may doing that process reveal to such authorities details of your account for the purposes of such investigations. In applying for internet access and an email account through ScotDSL you are accepting the terms and conditions set out above including also the terms of our Acceptable Use Policy accessed on the page containing these terms. We may change these terms or our Acceptable Use Policy at any time by posting the amended terms conspicuously on the ScotDSL website (“the Website”) and any variations will be effective fourteen days after they have been posted on the website. |
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