1 Subscriber agreement
1.1 These Terms and Conditions constitute an agreement between you and Giacom World Networks Limited for use of the Giacom Broadband and UKF Broadband Internet Service. For clarification, Giacom Broadband and UKF Broadband is a service by Giacom World Networks Limited.
1.2 You should read these terms carefully. By completing the registration request, you will be deemed to accept these terms and conditions and will comply with all related policies, including our data protection policy and abuse policy. When we have processed your online sign-up registration and received any Fees that are due from you, we will then provide you with the relevant Service(s). The right to use the Service(s) is personal to you and you must advise us if you suspect that someone is using your account or has knowledge about your personal details
1.3 THE DURATION OF THIS AGREEMENT WITH GIACOM IS A MINIMUM OF 12 MONTHS
1.4 These Terms and Conditions apply to the use by you of the Giacom World Networks Limited on-line information, communication and other services provided by Giacom World Networks Limited (the “ADSL Broadband Service”), the different payment and connectivity options (the “Access Options”), and access to information and services provided by third parties (the “Third Party Service(s)”) and the user of the software program(s) (the “Software”) and any associated documentation which may be included in the delivery that you, the end user, are now taking into use.

2 Definition
2.1 In our terms and conditions we use words that have specialised meanings. Below are some of the most common of those words and their meanings. We strongly suggest that you view these meanings whilst reading through these terms and conditions.
2.1.1 ‘We’, ‘us’ or ‘Giacom’ refer to Giacom World Networks Ltd. trading as Giacom. Our address is PO Box 187, Kingston upon Hull, HU9 1XT. Our company registration number is 0381447
2.1.2 ‘Service(s)’ refers to the ADSL Broadband Service(s) that you have chosen to select or purchase at the time of sign up online.
2.1.3 The duration of this agreement with Giacom is a minimum of 12 months, as witnessed in the electronic registration procedure.
2.1.4 ‘Fees’ refers to those charges we make for initial connection to the Service(s) and for continued access. The Fees are determined by the Service(s) that you have decided to purchase.

3 The service
3.1 Giacom and UKF Broadband give you high-speed network access to the internet, a number of internet services, applications and benefits described at www.giacom.net. Our Home and Solo Broadband packages allow you a 1GB downloads limit per day and the Office Express packages allows you 2GB download limit per day. The service will be provided to you at the premises address that you have given us. For free email addresses and web space please see separate terms and conditions on www.0845dial.co.uk
3.2 With Giacom and UKF Office Solo 1000 and 2000, and all Office Express packages a free NetGear ADSL router/firewall is included.
3.3 The minimum term of this Agreement is 12 months. It will continue indefinitely until terminated by you or us in accordance with paragraph 12. PLEASE NOTE THAT YOU DO NOT HAVE A RIGHT TO CANCEL THIS AGREEMENT UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATION 2000.
3.4 If you intend to extend your network to a WAN (Wide Area Network) encompassing other LANs (Local Area Networks), you are by definition extending access to the Service(s) provided by us. This can only be done upon receiving our written authorisation and subsequent to agreeing additional charges against this extended Service(s).
3.5 If you are applying for ADSL to be provided on an ISDN line you must ensure that your supplier has cancelled this service and converted the line to PSTN status.

4 Equipment
4.1 You must check that your line and premises are suitable before you complete your registration for this product. If your premises are not suitable we will not be liable to you if we cannot provide the Broadband Service and we may still charge you in this case. In case of moving premises, change of phone number or if your phone is cut of, of whatever reason, please see paragraph 6.9 and 6.10
4.2 In order for us to be able to provide the ADSL Broadband Service(s) to you, you must have the right computer equipment and a BT analogue telephone line, subject to eligibility.
4.3 The analogue phone line you intend to use for Giacom Broadband has to be cleared from any incompatible products before signing up. It is not possible to have another ADSL product, a switchboard or BT Highway, among others, on the line at the same time. This means that you have to keep the chosen line free from other products for about 10 days, telephones and fax machines are not incompatible. If any incompatible products are on the line at the time of sign up the order cannot go through and the activation time (setup time) will be delayed.
4.4 The fees that we charge for the Service(s) do not include providing you with any equipment or telephone lines. It is therefore your responsibility to ensure you have the necessary means to access the Service(s), and that it is the right Service(s) for you. We have no obligation to advise you of new services or upgrades. We will not be responsible to you in the event that your equipment does not work with the Broadband Service. Telephones and fax machines does normally not affect your broadband connection, however if you do not have a standalone phone line, e.g. fax machine may affect the connection, please check with the relevant manufacturer.
4.5 You will need to purchase (if you have not ordered Office Solo 1000, 2000 or any of our Office Express packages) and fit your own router, modem and filters before we can supply you with the service. Once you have registered with us it generally takes around 10 days to arrange for your ADSL connection to be enabled.

5 Start of contract
5.1 This agreement will start when you submit your registration form to us on-line or after giving your details, for subscription purpose, over the phone to one of our staff.

6 Provision of the Service
6.1 The service will be provided to the specified address and phone number given by you in the registration form. If there are any changes of address, even if the phone number stays the same, please see paragraph 6.9
6.2 We cannot guarantee that you can receive Giacom Broadband until the order has been accepted by BT after their final checks.
6.3 Giacom will process & submit the order to BT. After 4-7 days BT will carry out a line test at the local exchange to make sure the line length is less than 6 km, and signal loss is within specification. If initial test prove successful an activation date will be published otherwise the reasons lf unavailability will be disclosed. Around 5-10 days after the order is placed the ADSL service will be activated at the customer premises.
6.4 We will aim to meet the setup time of 10 days however certain circumstances beyond our control might prolong the set time, therefore the activation date might be delayed.
6.5 Giacom World Networks Limited promise to provide you with ADSL Broadband to the standard you would expect from a competent ISP. However, we cannot guarantee that your Internet access will be entirely without interruption.
6.6 We cannot guarantee that the ADSL Broadband Service(s) will be performed entirely without fault but we will endeavour to correct reported faults as soon as it is reasonably possible. If a fault occurs you should report the fault to the Technical Help Desk by telephone or email to support@giacom.net
6.7 Giacom World Networks Limited may temporarily suspend the whole or any part of the ADSL Broadband Service(s) for any reason at its sole discretion. We will restore the Service(s) as soon as reasonably possible after any such temporary suspension. We may vary the technical specification of the ADSL Broadband Service(s) from time to time.
6.8 We will provide ongoing maintenance in respect of the service(s) supplied to you. Because of this purpose there will be some occasions when you will not be able to access the Service(s). We will endeavour to keep these occasions to a minimum and details of these occasions will be posted on our account control under the section named “Network Status”
6.9 If you move house or business premises you need to give us at least 2 months notice from your bill date by sending us an email, fax or letter with the disconnecting request and answer to the security questions. When you are installed on your new address you need to pay the reconnection fee which is the same as setup cost.
6.10 If you change phone number or if your phone is cut of, of what ever reason, you will not be to receive the ADSL Broadband service. If this happens you must inform us and from your bill date we will count 2 month notice or we will continue charging you until you have notified us. When your phone is back on you have to pay the reconnection fee.
6.11 The downstream and upstream bandwidth available to you may be reduced due to factors outside our control. We make no representation or warranty as to any such matter.

7 Usage Policy
7.1 The Internet Services allow you access to the Internet and your use of the Internet is at your own risk and is subject to any applicable laws. Giacom World Networks Limited does not accept responsibility for Third Party Services obtained by you when using the Internet.
7.2 You understand and agree that residential “consumer” accounts are not to be used by Business “commercial” users. Part time commercial activities, such as hobby use, are not prohibited when using a residential service. Commercial users using residential services will be given fair and reasonable notice of our intention to upgrade them to the relevant business service 7 days prior to any action being taken by us.
7.3 Our Service(s) may only be used for lawful purposes and comply with all legal requirements relating to, without limitation, defamation, copyright, trademark, software licences and any rules that are applied to you as a user when visiting a third party website, for which you are solely responsible. The law relating to Internet use is under continuous development. It is up to you to check whether you might be infringing any law or regulation, and if in any doubt you should take independent legal advice. Please remember that material that may not breach any law or regulation in the United Kingdom may breach the laws and regulations applicable in other countries, and the Service(s) does/do give you access to computer networks worldwide.
7.3.1 You agree that you will not use the Service(s) for transmission of any material in breach of any law or regulation. For this purpose it will be irrelevant whether you knew of the content of the material transmitted.
7.3.2 You agree that the Service(s) will not be used in any way to publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
7.3.3 threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
7.3.4 engage in illegal or unlawful activities through the Service(s);
7.3.5 knowingly make available or upload files that contain software or other material, data or information not owned by or licensed to you (as appropriate);
7.3.6 knowingly make available or upload files that contain a virus or corrupt data;
7.3.7 falsify the true ownership of software or other material or information contained in a file that you make available via the Service(s);
7.3.8 “spam” or otherwise deliberately abuse any part to the Service(s);
7.3.9 obtain access, through whatever means to notified restricted areas of the Service(s).
7.4 Giacom World Networks Limited reserves the right to access and disclose any information, data, graphics, video, sound, files and other content created by, provided by, or accessed by you in order to comply with applicable laws and lawful government requests, to operate its business properly, and to protect itself and its users.
7.5 Giacom World Networks Limited reserves the right in its sole discretion, but will not be obligated, to remove any content from its system. Giacom World Networks Limited will fully co-operate with all applicable law enforcements authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity of which we become aware.
7.6 If we becomes aware that you are using the Service(s) to perform any of the activities listed in paragraph (7.3-7.2.9 above) we shall enforce the applicable terms in its agreement with you and shall use all best endeavours to stop you from doing so.
7.7 You should note that some Service(s) are subject to different server upload restrictions and these are laid out in the Service paragraph 3. Use of the Service(s) signifies that you accept these policies and agree to comply with them. It is expected that uploads to our servers from outside or our network should be kept to a minimum with the majority of uploads being made using our Service(s).
7.8 You should not seek to resell the Service(s) to a third party or other customers of Giacom World Networks Limited.

8 Password
8.1 We will provide you with a username and password. These must be kept secret. You must contact us immediately if you think that anyone else knows it.
8.2 In the event of any suspected security breach, we reserve the right to change your password. If that happens, we will notify you of this as soon as we reasonably can. Please remember that, when using the Service(s) and sending data to people, your communication link may not be secure. It could be unsafe to submit your credit card or debit card details, or other personal information, over the Internet.
8.3 Only one connection may be made at any time using your username and password.

9 Security
9.1 We will endeavour to ensure that any materials which we supply to you will be free from viruses and corrupt files but we cannot guarantee this. If we discover any defect we will inform you as soon as reasonably practicable.
9.2 You may not copy, rent, lease, sublicense, display reverse engineer, modify or alter any licensed material.
9.3 You acknowledge that due to the nature of this product you will require increased security. You are responsible for obtaining this. If you have not received or bought the router/firewall that we supply we recommend that you install a personal or network firewall.

10 Data protection policy
10.1 We take your privacy very seriously. We will only use the information we have regarding you in accordance with Data Protection legislation and the in accordance with consents you grant us from time to time. You acknowledge that we may use your information for statistical purposes and in order that we can provide the service to you.

11 Payment
11.1 You agree to pay the Fees for the ADSL Service(s) you select and understand the importance of these being paid on time. The minimum agreement period is 12 months and you have to give at least 2 months notice from your bill date by sending us an email, fax or letter with the cancellation request and answer to the security questions, whether it is at 10 months (during the minimum contract period) or later.
11.2 You agree to pay any fees for any additional services selected by you that may be levied for that service.
11.3 Payment can be made by credit card or debit card (Visa, MasterCard, Switch and Solo). You agree to pay the fees for any products or Third Party Service(s) you have selected in accordance with the terms and conditions of those products and Third Party Service(s). We accept payment by cheque for annual payments only. For all cards we will debit your card when payments fall due automatically, without further reference to you. We do not accept Visa Electron.
11.4 The set up fee is paid in advance, when you register. The payment for your setup will be made instantly and your first subscription payment will be made when we start to supply you with access. After that your payments will be made monthly in advance.
11.5 You understand and agree that if you fail to make payments of Fees when they are due, we will suspend your service, until payment is received in full, and you will be liable for all the cost of reactivation in order to get back on-line or 2 months fees for cancellation notice. We will always pursue outstanding payment either directly or indirectly through a debt collection agent.
11.6 Giacom World Networks Limited shall be entitled to charge interest at a rate of two percent (2%) per month above the base rate of Bank of England on all sums outstanding from you from the date such sum falls due to the date of payment.
11.7 Giacom World Networks Limited reserves the right to change the charges or fees associated with the use of the ADSL Service(s) at any time.
11.8 We will not be responsible for any costs you incur as a result of your relationship with service providers. It is your responsibility to cancel other services with us or other ISPs

12 Cancellation
12.1 You may have the right of termination and so has Giacom World Networks Limited:
12.2 You may terminate your agreement with us at any time after 12 months in writing. You need to give us at least 2 months notice from your bill date by sending us an email, fax or letter with the cancellation request and answer to the security questions. No refunds or part refunds will be given in respect of any Fees paid to us in advance, unless we are in material breach of these terms and conditions (in which case you will be entitled to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis).
12.3 To cancel this Agreement at the end of the contract period: The 2 months notice is also applicable during the minimum Agreement time; this means that if you want to cancel this Agreement at the end of the 12 months period you have to inform us during the tenth (10) month. You must pay all Fees for the Broadband Services until the date on which the termination notice expires.

13 Suspension and Termination
13.1 Giacom World Networks Limited may, in addition to any other remedies it may have, at its sole discretion and without notice terminate or suspend performance of the Internet Service(s) and your access to and use of the ADSL Broadband Service(s).
13.2 We can terminate this Agreement upon immediate notice at any time, if you fail to pay any of your bills, provide Giacom World Networks Limited with false information or breach any of this Agreement. If any of the two latter incidents occurs Giacom World Networks Limited shall be entitled to retain 2 months fee. If you fail to pay your bills we cannot reactivate you until you have cleared you debts to us and paid the reactivation fee. If you do not want to be reactivated to get on line you still have to pay us the outstanding bills and 2 months fee. If we terminate the contract in these circumstances, we shall be entitled to retain 2 months fee from you.
13.3 Without prejudice to our right of termination for any breach by you of these terms and conditions, we may also suspend provision of the Service(s) if you are or we reasonably believe that you may be in breach of these conditions, until you cease to be in breach (which, in the case of failure by you to pay the Fees when due, will be until we receive the Fees due from you in cleared funds), or pending investigation into any suspected breach. If an investigation subsequently shows that you are in breach of any applicable policies and/or these terms and conditions, we reserve the right to deactivate your account, terminate our contract and recover from you all costs that may have been incurred as a result of the breach (e.g. outstanding bills and 2 months fee). If we terminate in these circumstances, you will be entitled to receive a refund of any part of the Fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis.
13.4 Without prejudice to paragraph 12, you may terminate your agreement with us at any time after 12 months in writing. You need to give us at least 2 months notice from your bill date by sending us an email, fax or letter with the cancellation request and answer to the security questions.
13.5 You understand and agree that commercial users using residential services will be given fair and reasonable notice of our intention to upgrade them to the relevant business service 7 days prior to any action being taken by us. You may contact us to approve and update to the business service we deem most appropriate or to inform us of your decision to terminate the service as described in this section. No refunds or part refunds will be given in respect of any Fees paid us in advance if you choose to terminate your contract in this manner. If no contact is received from the customer as described in this section, the account will be automatically updated.

14 Copyright
14.1 The content on the ADSL Broadband Service(s) is protected as a collective work under applicable copyright law. The copying, redistribution, or publication by you or any of your Designated Users of any content is prohibited. Information, software or other content placed by you or any of your Designated Users in the public areas of the ADSL Broadband Service(s) grants Giacom World Networks Limited the right to copy and otherwise use in connection with the Service(s), such information, software or other content. Subject to this grant any rights you may have in such information, software or other content are retained by you. Copyrighted material must not be placed on the ADSL Broadband Service(s) without the permission of the owner(s) or person(s) they specifically authorise to grant the right. Only the owner(s) or such authorised person(s) may upload copyrighted material to the Service(s).
14.2 Except, as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of Giacom World Networks Limited or the relevant copyright owner, if other than Giacom World Networks Limited. Permission must be specified on-line or obtained directly from us or the relevant copyright owner, if other than Giacom World Networks Limited. Unless otherwise provided, any authorised copying, redistribution, or publication of copyrighted material must be for your own private and personal use and not for any commercial purposes and any changes to or deletions of author attribution or copyright notice is prohibited.
14.3 Giacom Broadband software may not be modified or reverse engineered unless you have obtained the express authorisation of the software’s patent and /or copyright owner.

15 Liability
15.1 Except as expressly provided in these terms and conditions and to the extent permitted by law Giacom World Networks Limited excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any on-line content and the value and integrity of products and third party service(s) offered by third parties. You acknowledge that Giacom World Networks Limited has no control over, and that it excludes liability for, material placed on-line by users of the ADSL Broadband Service(s) and any on-line material, which can be accessed by using the Service(s).
15.2 Giacom World Networks Limited shall not be liable for any indirect or consequential damages whatsoever including, without limitation, damages or losses relating to business profits, lost savings, business interruption, loss of business information or data, or other pecuniary loss arising out of the use of the ADSL Broadband Service(s), software or accompanying material, even if we or the other party or person has been advised of the possibility of such damages.
15.3 To the extent permitted by law, our liability to you will not exceed £300
15.4 Each provision of this paragraph 15, excluding or limiting liability operates separately. If any part is held by a court to be unreasonable or inapplicable, the other party will continue to apply.

16 Indemnity
16.1 You warrant that you use and that of your Designated User(s) of the ADSL Broadband Service(s) or other Third Party Service(s) may only be for lawful purposes and within the scope of these Terms and Conditions.
16.2 You warrant that your use or that of your Designated User(s) of the ADSL Broadband Service(s) will not violate any law, regulation or treaties and that such use will not be in breach of the intellectual property rights of any person.
16.3 You shall indemnify and hold harmless Giacom World Networks Limited against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by us (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) by reason of a breach by you of any of your obligations set out in these Terms and Conditions.
17 Variation of terms and conditions
17.1 Giacom World Networks Limited may modify these terms and conditions or prices, and may discontinue or revise any aspect of the ADSL Broadband Service(s) at any time, such modifications becoming effective immediately upon posting of notice on the Giacom World Networks Limited website or notification to you via either e-mail or regular post to the address provided by you on the Giacom World Networks Limited website. By continuing to use the Service(s) following any such notice you will be deemed to accept such modification.

18 Law and Jurisdiction
18.1 These terms and conditions shall be governed by and construed by the laws of the United Kingdom and any disputes shall be exclusively resolved within the jurisdiction of the courts of the United Kingdom.

19 Force Majeure
19.1 Neither party will be liable to the other for any failure to deliver the ADSL Broadband Service(s) or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.

20 General Provisions
20.1 We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you notice beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement.