AKA Internet Ltd
TERMS AND CON DTIONS
In these Conditions unless otherwise stated:
1.1 “the Act“ means the Communications Act 2003
1.2 “Additional Charges” means any charges additional
to the Charges that may be invoiced by the Company payable by the
Customer and may vary from time to time
1.3 “Agreement” means any contract for the provision
of Services by the Company to the Customer which incorporates these
1.4 “Amendment Notice” means any notice of variations
to the Charges in respect of the Service that may be issued by the
Company from time to time
1.5 “Carrier” means any supplier to the Company from
time to time in respect of telecom services in respect of the Service
1.6 “Charges” means the Charges payable by the Customer
for the provision of the Services as specified in the Schedule to
1.7 “Company” means AKA Internet Ltd a company registered
in England and Wales under number 06316428 whose registered office
is currently situated at Unit 3 Denmark street Maidenhead Berkshire
SL5 7BN United Kingdom
1.8 “Commencement Date” means the date upon which the
Company confirms acceptance and the Customer’s offer to pay
for the Services in accordance with these Conditions
1.9 “Initial Period” is the period of 12 months from
the Commencement Date and expiring on the date this Agreement is
terminated in accordance with Clause 5 of these Conditions
1.10. “Party” means You and Us
1.11 “the Schedule” means the schedule to this Agreement
1.12 “Services” means the services listed in the Schedule
to this Agreement
1.13 “Terms” means these terms and conditions
1.14 “Us We Our” means AKA internet Ltd registered office
c/o Barnes Mayer Unit 3 Denmark Street Maidenhead Berkshire SL5
1.15 “You” means the person or organisation requiring
1.16 “Website” means www.akainternet.co.uk
2. Our Obligations
2.1 We agree to provide You with the Services for the Charges as
specified in the Schedule to this Agreement for the Initial Period
and thereafter. To avoid doubt your telephone provider will still
bill you or the rental of your telephone line.
2.2 We will use all our reasonable endeavours to provide the Services
without any interruption.
2.3 You acknowledge that our obligations may be carried out on our
behalf by a Carrier or other sub-contractor or agent.
2.4 Your bill will be calculated using data recorded by Us and not
from your own record. Our billing records will meet standards of
accuracy approved by our industry regulator.
3. Your Obligations
3.1 You agree to pay the Charges specified in the Schedule on a
monthly basis. We may change our Charges, [cancellation and /or
termination charges] from time to time but aim to let you know at
least 21 days in advance.
3.2 You must pay the Charges either by cheque made payable to “Aka
internet Ltd” or by standing order to our nominated bank account.
We may vary these methods from time to time. You must provided Us
will all necessary information and authority We need to set up a
variable Direct Debit if requested. Additional charges will apply
if you do not comply with payment. Where a Direct Debit is to be
set up We shall be entitled to withhold our Services if you bank
has not confirmed that the Direct Debit has been established.
3.2 You agree not to use of the Service in any way that will or
is likely to make excessive use of the Service which is contrary
to our fair use policy as posted on our Website (as amended from
time to time).
3.3 If You have not paid our Charges or any Additional Charges due
under this Agreement by the due date, we will send you a reminder
or call You. If We do not receive payment from You within 7 days
of the date of the reminder or call we may:
3.4.1 suspend the Service until we receive payment from you 3.4.2
add a late payment charge of £10 to your next bill and /or
3.4.3 charge interest on any over due amounts payable from the due
date until payment of all sums owing including interest at rate
set out in the Late Payment of Commercial Debts (interest) Act 1988
as current from time to time.
3.5 If You dispute payment of the Charges or Additional Charges
in whole or in part, You should contact Us immediately or no later
than 10 working days following receipt of your invoice or bill.
We shall deal with any dispute regarding Charges or Additional Charges
as quickly as possible.
3.6 Subject to You notifying Us of your dispute and making payment
of any Charges or Additional Charges not in dispute, we will suspend
payment of interest or late payment charges until We resolve the
dispute with You.
3.7 You agree that all the information that You have given Us is
correct and You will inform Us of any changes. You accept that you
will be liable for any Additional Charges if You give Us incorrect
information that We act on. For example if you give Us the wrong
telephone number for a ADSL/ SDSL connection.
3.8 You agree to indemnify Us and any Carrier against any loss either
of Us may suffer from the use of the Services.
3.9 You agree that You will:
3.9.1 comply with any reasonable instructions or directions issued
by Us from time to time in respect of the Services and that You
will comply with all relevant policies that we may publish on Our
3.9.2 conform to such protocols and standards as are issued form
time to time in respect of the use of the internet and the Services;
3.9.3 fully indemnify Us against any costs and claims from any third
party resulting from your acts or omissions in respect of the Services;
3.9.4 comply with all applicable legislation (including but not
limited to maters arising under the Data Protection Act 1998 and
the Regulation of Investigatory Powers Act 2000).
3.10 You agree that You will not (and you will ensure that your
employees agents and sub-contractors do not):
3.10.1 use the Services for any unlawful purpose or in contravention
of any English or other law this includes but is not limited to:
a. any act or omission which is likely to infringe the intellectual
property rights of a third party;
b. the transmission, display downloading or uploading any material
or text which is likely to be construed as defamatory offensive,
abusive, obscene or which is likely to cause unnecessary anxiety
or inconvenience to a third party;
c. use the Services in such a way that is likely to violate or infringe
the rights of any individual, or company in the United Kingdom or
3.10.2 send or procure the sending of unsolicited advertising or
promotional material or
3.10.3 use the Services in any way that does not comply with instructions
given by Us for reasons of health ad safety or the quality of the
Carrier’s telecommunications services or our system or;
3.10.4 use the Services in anyway that is likely to make excessive
use of our network (including but not limited to spamming)
3.11. We reserve the right from time to time to pass on to You Charges
levied against Us by a Carrier or any other third party supplier.
4.1 Except as required by law and expressly provided in these Terms,
we do not warrant the Services against failure of performance. We
make no warranty to You as to the quality of the Services.
4.2 You agree that We will not be liable in contract or in tort
or otherwise arsing out of or in connection with these Terms for
economic loss (including but without limitation loss of revenue,
profits, contracts, business or anticipated savings), loss of goodwill
or reputation, indirect or consequential losses, whether or not
such losses were within our contemplation, suffered or incurred
by You or any third party arising out of or in connection with the
provisions of the Services (or any part of them).
4.3 Subject to clause 4.4 Our total aggregate liability to You arising
out of or in connection with this Agreement and the performance
or observation of Our obligations under it shall be limited to one
month Charges for any one breach.
4.4 Nothing in this agreement shall exclude or limit liability for
death or personal injury resulting from our negligence or that of
the Carrier our employees or sub-contractor or affect your statutory
rights if You are a consumer.
5.1 We may terminate or suspend Your use of the Services at any
time at our sole discretion and without notice if You breach any
term of these Terms or we have reason to believe that You may have
breached any of these Terms.
5.2 We may terminate this Agreement immediately upon written notice
5.2.1 it becomes unlawful for Us or the Carrier to continue to provide
or support the Service;
5.2.2 the Carrier supporting the Service ceases to do so for whatever
reason or changes the term(s) and condition(s) in respect of any
telecommunications services to Us for the Service for reasons beyond
5.3 You agree to pay us a cease charge fee where our Carrier levies
such fees against Us.
5.4 Unless terminated as set out elsewhere in this Agreement this
Agreement will continue until you give us [30 days] written notice.
5.5 If We are in material breach of these Terms You may terminate
this Agreement by giving Us reasonable written notice.
5.6 Upon termination of this Agreement for any reason Your right
to use the Service(s) shall immediately terminate and you shall
immediately stop using the Service.
5.7 We can also end the Agreement immediately if:
5.7.1 You become bankrupt
5.7.2 You have broken any Term of this Agreement (but if it can
be remedied we will give you 7 days to put the breach right
5.7.3 Any payment is not made when due.
5.8 We may terminate any or all of the Services by giving You a
minimum of  months notice.
5.9 We may suspend the Service to You if We reasonably consider
that the Charges You are incurring are higher than usual for the
type of Services that You are receiving or Your usage is higher
than normal and /or We have reasonable grounds to doubt that you
will be able to pay Your bill.
6.1 Each of Us shall while We are providing Services under these
Terms and thereafter keep secret and confidential all business technical
or commercial information disclosed to one of Us by the other or
otherwise which belongs to the other subcontracts, Carriers, telecommunication
providers or clients.
6.2 Each of Us shall procure that its agents and/ or employees are
similarly bound) and shall not disclose the same to any person save
to the extent necessary to perform its obligations in accordance
with these Terms except as authorised in writing by the other.
6.3 The obligation of confidentiality contained in clause 6.1 and
6.2 above shall not apply (or as the case may be cease to apply)
to business technical or commercial information which :
6.3.1 at the time of disclosure by the disclosing party is already
in the public domain or which subsequently enters the public domain
other than breach of these terms;
6.3.2. is required to be disclosed under applicable law or order
of a court of competent jurisdiction.
7.1 We shall not be liable for any breach of our obligations in
this Agreement resulting from causes beyond our reasonable control
including but not limited to fires, strikes, (of own or other employees),
insurrection or riots embargoes or delays in transportation, inability
to obtain supplies act of local or central government or other competent
authorities or acts or omissions of third party, telecommunication
7.2 Any notice required or permitted under these Terms must be in
English and sent to Us for the attention of the company secretary
at the following address: Aka Internet Ltd c/o Barnes Mayer, Unit
2 Denmark Street Maidenhead Berkshire SL5 7BN
7.3 Any notice to be sent to You will be sent to the address You
when ordering or applying for the Service unless you notify Us otherwise.
Any notice in relation to this agreement may be delivered by hand,
post, fax or e-mail and will be treated as having been delivered
on the day delivered if by hand or 2 days after posting if sent
by post or on the day of transmission if sent by fax or e-mail.
7.4 You may not sell lease sub-licence assign or otherwise transfer
whether in whole or in part by operation of law or otherwise, the
rights and obligations including the Service arising under these
Terms without our prior consent.
7.5 Nothing in these Terms will create or confer any rights or other
benefits whether in accordance with the Contracts (Rights of Third
Parties) Act 1999 or otherwise in favour of any person other than
You, Us or the Carrier.
7.6 The headings to the sections of these Terms are for convenience
only and have no substantive meaning.
7.7 These Terms are subject to the laws of England and Wales and
both parties submit to the exclusive jurisdiction of the English
7.8 If any provision of this Agreement or its Terms is held by any
competent authority to be invalid or unenforceable in whole or in
the validity of this Agreement and the reminder of the Terms or
this Agreement shall not be affected.
7.9 This Agreement may not be amended, varied, supplemented or otherwise
modified unless agreed by Us in writing.
7.10 The failure by Us not to insist on the performance of any of
the provisions of these Terms shall not be construed as a waiver
or a relinquishment of that our rights to future performance of
such provisions and your obligation in respect of such future performance
shall continue in full force and effect.
7.11 This Agreement supersedes any pervious Agreement between Us
and You in relation to matters dealt with in it and You acknowledge
that that you have not entered into this Agreement in reliance upon
any representation, or statements whether oral or written made or
alleged to have been made by Us or our agents.
7.12 If You want to complain about our Service please e-mail our
Complaints Department at service @aka.net. Your complaint will be
dealt with quickly and sympathetically
8. Faults in the Service
8.1 You will immediately upon become aware of any fault in the Service
report this to Us by e-mail at; customer firstname.lastname@example.org or by telephone
on the number published at www.akainternet.co.uk
8.2 You acknowledge that occasionally We and/ or Our Carrier may
have to temporary interrupt the Service or change the specification
of the Service for operational reasons or because of an emergency.
In these circumstances, you will have no claim against Us for any
such interruption or change. You will still be liable for your obligations
under this Agreement
9. Change of Carrier
9.1 You acknowledge that for commercial operational or other reasons
or it may be necessary to change the Carrier of the Services. If
this happens we shall use our reasonable endeavours to ensure any
disruption to the ongoing supply of the Services to You is minimal.