The Customer's use of the Service (as defined below) and/or acceptance of these Terms and Conditions ("Conditions") constitute the Customer's agreement to be bound by these Conditions. These Conditions must be read in conjunction with those of VoiceNet which may be subject to change from time to time. It is the Customer's responsibility to ensure that they comply with the latest edition of the Acceptable Usage Policy (AUP) in force at any given time.
These Conditions, together with those of VoiceNet AUP, explain the responsibilities of VoiceNet to the Customer and the Customer's responsibilities to VoiceNet and to other users of the Service ("Users"). The AUP in particular outlines what VoiceNet considers to be unacceptable use of the Internet by our customers so that VoiceNet can take appropriate steps against abusers of the Internet. The AUP and the Application Form are an integral part of these Conditions and, unless otherwise expressly stated, all references to Conditions include reference to the AUP and to the Application Form. If you are a Consumer, you must be 18 years or older to register for the Service.

Terms and conditions for VoiceNet ADSL Services:

1. Definitions
Please note some terms used in these Conditions have a certain meaning: "Access Line" means the telecommunications circuit that the Customer uses to obtain telecommunications services over the public switched telephone network at the Premises as notified by the Customer to VoiceNet; "Act" means the Telecommunications Act 1984; "Agreement" means these Conditions together with the applicable Application Form and AUP; "Application Form" means the form that the Customer signs to apply for the Service; "Carrier" means any supplier of telecommunications services to VoiceNet for the Service; "Commencement Date" means the date when the Customer first receives the live Service. "Confidential Information" means any information of a confidential nature obtained under or in connection with this Agreement including, but not limited to, any information regarding the existence of errors or viruses found in the Service and all other information which VoiceNet characterises as confidential at the time of its disclosure either in writing or orally. Confidential Information does not include information which the Customer can demonstrate: (a) is previously rightfully known to the Customer without restriction at the time of disclosure; (b) is or becomes, from no act or omission on the Customers part, generally known in the relevant industry or public domain; (c) is disclosed to the Customer by a third party as a matter of right and without restriction at the time of disclosure; or (d) is independently developed by the Customer without access to the Confidential Information. "Customer" means the person who orders the Service and person shall be taken to include bodies corporate or unincorporated. VoiceNet may accept instructions from another person who VoiceNet reasonably believes is acting with the Customer's authority or knowledge. "Customer Apparatus" means apparatus belonging to the Customer not forming part of the Equipment but which may be connected to the Equipment; "Equipment" means any apparatus or equipment provided by VoiceNet or any third party to the Customer at the Premises to enable provision of the Service; "Minimum Period of Service" (a) For customers ordering VoiceNet ADSL Premium services - The minimum period of service is thirty (30) days. (b) For customers ordering VoiceNet ADSL Standard services - The minimum period of service will be one (1) month from the commencement date. (c) For customers ordering VoiceNet ADSL Managed services - The minimum period of service will be twelve (0) months from the commencement date. (d) Cooling Off Period - If you are a consumer (that is to say, you are not purchasing the Service(s) wholly or in part for your business or you are not a business or using a business service provided by us), you have the right, in addition to your other rights, to cancel the contract and receive a refund, subject to any third party costs incurred during the provisioning of your order. You must inform us in writing via the cancellation procedure within the "Contact Us" section of the website within seven working days of entering into the contract if you wish to exercise this right." The cooling off period shall not apply in the event the service is activated within 7 working days of customer order and full termination charges shall be levied. "Physical Characteristics" (a) For customers wishing VoiceNet to manage the connection only - Means an existing standard British Telecommunications analogue telephone line which does not have any incompatible services enabled upon it, as detailed in the Service description. (b) For customers wishing VoiceNet to manage the connection, installation and equipment: · For Home customers - An existing standard British Telecommunications analogue telephone line which does not have any incompatible services enabled upon it, as detailed in the Service description. · For Business customers - means one (1) wall mounted power socket within two (2) metres of the master phone socket and an existing standard British Telecommunications analogue telephone line which does not have any incompatible services enabled upon it, as detailed in the Service description; " VoiceNet System" means the telecommunication system which VoiceNet runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by, VoiceNet from a third party. "Premises" means the Customer's premises where the Service is to be received. "Service" means the installation, connection and supply of a telecommunications circuit capable of supporting ADSL services at the Premises and the provision of telecommunication services over such circuit as detailed in our website. "Standard Tests" means the tests carried out by VoiceNet or any third party to determine whether the Service is ready; "Term" is defined in clause 3.

2. Provision of The Service
2.1 The Service is described on the web site of VoiceNet.
2.2 The provisions of the Application Form are binding on VoiceNet, once VoiceNet confirms to the Customer in writing acceptance of the Customer's order. The Customer agrees to receive the Service and pay the fees for the Service as specified in this Agreement.
2.3 VoiceNet will provide the Service to the Customer in accordance with the Conditions of this Agreement and with reasonable skill and care. It is technically impracticable to provide the Service or the telecommunications services free of faults and VoiceNet does not undertake to do so.
2.4 VoiceNet will use its reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of VoiceNet, or by errors or omissions of the Customer.
2.5 VoiceNet exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it or the accuracy of information received through it.
2.6 To use the Service, the Customer needs to supply VoiceNet with certain details on the Customer's Application Form. VoiceNet will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
2.7 The Customer must have an Access Line with the Physical Characteristics in order to receive the Service. If the Customer changes from the Physical Characteristics, VoiceNet cannot be held responsible if the Customer is no longer able to receive the Service.
2.8 The Customer acknowledges that the Service will depend upon the characteristics of the Customer's Access Line and that where the Carrier so determines it may not be possible to supply the Service. In this event VoiceNet shall have the right to terminate this Agreement without liability to the Customer.
2.9 From time to time certain Points of Presence (PoPs), servers, or the whole or part of the Network may be closed down for routine repair or maintenance work. VoiceNet or its authorised representative shall give as much notice as in the circumstances is reasonable and VoiceNet shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time.
2.10 VoiceNet may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. VoiceNet will give the Customer as much notice as possible of any planned interruption of the Customer's Service. In these circumstances The Customer shall have no claim against VoiceNet for any such interruption.
2.11 VoiceNet will correct reported faults as soon as possible. Should the Customer encounter a fault with the Service the Customer should report the fault to the VoiceNet ADSL helpdesk. Technical Support contact information including availability times is available on the web site of VoiceNet.
2.12 VoiceNet may include links from time to time from the Service to other Internet sites. VoiceNet have no control over the content of such sites and disclaims any liability in respect of the Customer's use of such sites. The Customer may wish to use one of the available filtering software products to help prevent access to certain web content.
2.13 The Customer acknowledges that the Service shall be provided by VoiceNet at the Premises and that under these Conditions the Customer cannot require VoiceNet to transfer the Service or Equipment to another location. In the event the Customer requests the Equipment to be moved to another location within the Premises, VoiceNet reserve the right to accept or reject such request and the decision of VoiceNet shall be final. Any expense incurred in such move of the Equipment within the Premises shall be incurred by the Customer.
2.14 Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:
2.14.1 redistribute, encumber, sell rent, lease, sub-license, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part;
2.14.2 disclose Service features, errors or viruses to any third party without the prior written consent of VoiceNet;
2.14.3 use the Service except in conjunction with VoiceNet recommended operating environment, notified by VoiceNet ; or
2.14.4 modify the Service without VoiceNet prior written consent.

2.15 VoiceNet reserves the right to remove e-mail from VoiceNet servers that is left for a period of more than four months.
2.16 VoiceNet reserves the right to change the Customer's password at any time at its sole discretion.

2.16 12-Month contact applies, if you want to leave early, you are required to pay the remaining month(s) rental in full.

3. Term
3.1 This Agreement will commence on the Commencement Date and shall continue for a term equivalent to the subscription period paid by the Customer until the expiry of that subscription period or the Agreement is terminated in accordance with the terms hereof ("the Term") subject to the provisions of paragraph 13.1
3.2 The Minimum Period of Service does not prevent VoiceNet from suspending or terminating the Service under paragraphs 12 and 13 of this Agreement.

4. Fees
4.1 VoiceNet shall provide the Customer with the Service for the fees as set out on the Application Form. These fees are payable in advance from the start of the Minimum Period of Service. Payment will be due on the date specified on the invoice. VoiceNet accept major credit cards, cheques or direct debit payments. Save where the Service is terminated by VoiceNet without cause, the Customer shall not be entitled to a refund of subscriptions paid.
4.2 Subject to our discretion we will invoice you with credit terms of 30 days net, on an Annual basis only. VoiceNet may charge interest on all outstanding amounts on a daily basis at the rate of 3% per annum above the base lending rate of Barclays Bank plc in force from time to time, from the date of the invoice until the date of actual payment or judgement has been enforced. Additionally, VoiceNet reserves the right to terminate the provision of service to the Customer immediately if the Customer is in default of payment. Such termination is without prejudice to the rights of either party accrued prior to the date of termination.
4.3 The installation fee as specified on the Application Form is payable in advance by either cheque or credit card
4.4 All fees are subject to change from time to time in the event that the Carrier increases its fees to VoiceNet. VoiceNet will contact you in the event of any such increases.
4.5 In addition to the fee set out on the Application Form, VoiceNet shall be entitled to charge the Customer for the reasons given.(a) Internal Relocation - If a customer wants to relocate the main phone socket from one room/floor to another within the same building.(b) Abortive Visit Charge - Abortive visits include attendance to incorrect address provided by the customer, site does not meet requirements specified by BT or End User is not available.(c) Administration Charges - Where The Customer provide illegible, materially incomplete or incorrect order details.(d) Reworking Charge - If the Customer consents to a Carrier engineer making good any existing non-Carrier installed wiring to make it fit for installation of the Service.(e) Order Cancellation - If the customer requests the cancellation of the VoiceNet ADSL service five (5) or less days prior to the arranged installation date. For the latest pricing information on the above please contact the VoiceNet sales department.

5. Access
5.1 The Customer hereby irrevocably gives permission to VoiceNet and its employees, agents or contractors to:
5.1.1 execute any works on the Premises for, or in connection with, the installation, maintenance, adjustment repair, alteration, moving, replacement, renewal or removal of the Equipment;
5.1.2 keep and operate the Equipment installed on, under or over the Premises;
5.1.3 enter the Premises to inspect any telecommunication apparatus kept on, under or over the Premises or elsewhere for the purposes of the VoiceNet System. The permission set out above shall continue in force after cancellation or termination of this Agreement until such time as VoiceNet have removed all Equipment from the Premises.

5.2 The Customer must allow VoiceNet or any Carrier to have access to the Premises at all reasonable hours for the purpose of testing or maintaining any of the Equipment and/or the Service and provide a safe and suitable environment for such access visits.

6. Installation
6.1 When VoiceNet manages the connection only: 6.1.1 VoiceNet will only arrange for the ADSL service to be provided on the customer's telephone line. It is the customer's responsibility to connect the necessary micro-filter and ADSL equipment.

6.2 When VoiceNet manage the connection, installation and equipment:
6.2.1 VoiceNet shall attempt to provide and install or procure the provision and installation of the Equipment at the Premises so that the Service can be provided on or before any installation date specified or agreed to by VoiceNet. Any installation date given is an estimate only and shall not be liable for any failure to meet such installation date.
6.2.2 VoiceNet shall supply the Customer with the relevant information to enable the Customer to suitably prepare the Premises for delivery and installation of the Equipment. The Customer shall at the Customer's expense provide suitable accommodation, facilities and environmental conditions for the Equipment and all necessary electrical and other installations and fittings.
6.2.3 VoiceNet shall use its reasonable endeavours to comply with the Customer's reasonable requests in respect of installation but VoiceNet or its contractors' or agents' decision on the routing of cables and wires and the positioning of outlets and other apparatus constituting the Equipment or part thereof shall be final and binding.
6.2.4 A secure electricity supply is required at the Premises for the installation, operation and maintenance of the Equipment at such points and with such connections as specified by VoiceNet. Unless otherwise agreed, this power supply is to be provided by the Customer. VoiceNet shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.
6.2.5 The Customer acknowledge that during the installation of the Equipment for the provision of the Service the Customer's Access Line may suffer a temporary loss of service which shall be reinstated following installation and/or interference to any other Customer Apparatus or services used in connection with the Access Line (e.g. Access Line security systems) without any liability to VoiceNet.

7. VoiceNet Equipment. This section applies to customers requiring VoiceNet to manage the connection, installation and equipment. Customers wishing VoiceNet to manage the connection only can ignore this section as they must procure, install and manage their own equipment.
7.1 The Customer agrees not to do or allow anything to be done to the Premises that may cause damage to, or interfere with, the Equipment or prevent easy access to it.
7.2 The Customer shall procure at the Customer's own expense all permissions, licences, registrations and approvals necessary for VoiceNet to deliver, install and maintain the Equipment for the provision of the Services.
7.3 Following the installation of the Equipment Standard Tests shall be carried out by VoiceNet to ensure that the Service is ready for use. If the Service is not ready for use, VoiceNet shall either repair or replace, at its sole option, the Equipment or any part thereof and repeat the Standard Tests. The Customer shall be entitled to use the Services following VoiceNet informing the Customer of successful completion of the Standard Tests.
7.4 The Equipment shall remain the property of VoiceNet or the supplier of such equipment (including any Carrier) and the Customer shall at all times make clear to third parties that the same is the property of VoiceNet or a third party supplier of such equipment. VoiceNet may modify, substitute, renew or add to the Equipment from time to time at its absolute discretion.
7.5 The Customer shall be responsible for ensuring at all times the safekeeping and proper use of the Equipment after delivery and installation at the Premises. The Customer shall be liable to VoiceNet for any loss or damage to the Equipment (except where it can be shown that such loss or damage was caused by our negligence or due to fair wear and tear). The Customer will notify VoiceNet immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) the Customer undertakes:

7.5.1 to keep the Equipment at the Premises and not to move it;
7.5.2 to comply with all instructions as VoiceNet may notify to the Customer and/or with the manufacturer's instructions and not to use the Equipment except in accordance with such written instructions and in accordance with the law and any applicable licence granted there under;

7.5.3 not to cause the Equipment to be repaired or otherwise maintained except by an authorised representative of VoiceNet ;
7.5.4 not to cause any attachments other than those approved for connection under the Act to be fitted to the Equipment except in accordance with such written authorisation as may be notified by VoiceNet to the Customer from time to time;
7.5.5 not to do anything nor to allow to subsist any circumstances likely to damage the Equipment or detract from or impair its performance or operation and not to add, modify, or in any way interfere with or impair the performance of the Equipment; and
7.5.6 not to attempt to sell, transfer, dispose of, let, mortgage, charge, modify, extend, repair, service, tamper with, remove or interfere with the Equipment or suffer any distress, seizure or execution to be levied against or of the Equipment or otherwise do anything prejudicial to VoiceNet or the owner of such Equipment's rights in the Equipment; and
7.5.7 not to remove, tamper with or obliterate any identification mark(s) affixed to the Equipment or to any part thereof showing that it is the property of VoiceNet or other third party supplier of such equipment.
7.5.8 to permit VoiceNet and its employees, agents or contractors to inspect or test the Equipment at all reasonable times;

7.6 The Customer shall be liable for any loss or damage howsoever caused (including but not limited to lightning or electrical damage) to any part of the Equipment or any of its own property within the Premises (except in so far as it can be shown that such loss or damage is attributable to the negligent act or omission of VoiceNet). The Customer will notify VoiceNet immediately of any such loss or damage.
7.6.1 The Customer undertake to indemnify VoiceNet against any and all such loss or damage referred to in this clause 7.6.
7.6.2 Wilful destruction or abuse of the Equipment may result in additional charges being payable by the Customer to VoiceNet.


8. Customer Apparatus
8.1 The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.
8.2 The Customer shall ensure that such Customer Apparatus complies with any applicable law. The Customer shall immediately disconnect any such apparatus if such apparatus does not, or ceases to, conform to applicable standards (if any) for the time being in force. VoiceNet reserves the right to disconnect any apparatus used by the Customer if the Customer does not fulfil their obligations under this Clause or if, in the opinion of VoiceNet, such apparatus may cause the death of or personal injury to any person, or damage to property, or materially impair the quality of any telecommunication service provided by means of VoiceNet, and the Customer agrees to disconnect such apparatus at the request of VoiceNet.

9. The Customer's Use of The Service
9.1 The Customer must NOT use the Service:
9.1.1 in a way that does not comply with the Conditions or any legislation or that is in any way unlawful or fraudulent; or
9.1.2 in connection with the carrying out of a fraud or criminal offence against any telecommunications operator; or
9.1.3 to send, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which cause overloads to the VoiceNet  System; or
9.1.4 to send or procure the sending of unsolicited advertising or promotional material; or
9.1.5 in a way that does not comply with any instructions given by VoiceNet  for reasons of health, safety or the quality of the Carrier's telecommunications services or the VoiceNet  System; or
9.1.6 attempt to use the Service in a way that modifies, decompiles, translates, reverse engineers, reconfigures, disassembles or otherwise alter or attempt to modify or reconfigure the Service or any Equipment or software or copy any manual or documentation relating to the Service except to the extent applicable law specifically prohibits such restrictions;.
9.1.7 distribute copies of the licensed programs or their documentation to others;
9.1.8 rent, lease or grant its rights to the licensed programs;
9.1.9 ship or transmit (directly or indirectly) any copies of the licensed programs or any technical data in the licensed programs or its media or any direct product thereof to any entity or country destination

9.2 The Customer will co-operate with VoiceNet reasonable requests for information regarding the Customer's use of the Service and supply such information without delay.
9.3 Where the Customer uses the Service to reach networks and services not operated by VoiceNet, the Customer will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.
9.4 The Customer warrants that:
9.4.1 it, as the registered user of the account, will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text.
9.4.2 if the password becomes known to any other unauthorised user it will inform VoiceNet or its authorised representative immediately;
9.4.3 any breach of these obligations shall entitle VoiceNet to immediately terminate the Service to the Customer without notice.

9.5 Use by others: The Customer acknowledges that VoiceNet is unable to exercise control over the content of information passing over the VoiceNet network or via the Service, and VoiceNet hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.

10. Domain Names & Internet Protocol Addresses
10.1 The Customer confirms and warrants that it is the owner of, or that the Customer has been and is duly authorised by the owner to use, any trade mark or name requested or allocated as its domain name.
10.2 The Customer acknowledges that VoiceNet cannot guarantee that any domain name the Customer requests will be available or approved for use.
10.3 VoiceNet has the right to require the Customer to select a replacement domain name and may suspend the relevant service associated with the domain name if, in the opinion of VoiceNet, there are reasonable grounds for VoiceNet to believe Customer's current choice of domain name is, or is likely to be, in breach of the provisions of this Agreement and law.
10.4 If the Service includes the registration of an Internet domain name the Customer acknowledges and agrees that:
10.4.1 VoiceNet does not represent, warrant or guarantee that any domain name applied for by the Customer or on its behalf will be registered in its requested name or is capable of being registered by it or that the use of such domain name by it will not infringe any third party rights. Accordingly, the Customer should take no action in respect of its requested domain name(s) until it has been notified that its requested domain name has been duly registered and VoiceNet will not be liable for any such action taken by the Customer.
10.4.2 The registration of the domain name and its ongoing use by the Customer is subject to the relevant naming authority's terms and conditions of use and the Customer undertakes to VoiceNet that it will comply with such terms and conditions. The Customer hereby irrevocably waives any claims it may have against VoiceNet in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, the Customer acknowledges and agrees that any administration or other charge paid by the Customer in respect of the registration of the domain name is non-refundable in any event.
10.4.3 VoiceNet accepts no responsibility in respect of the use of a domain name by the Customer and any dispute between the Customer and any other individual or organisation regarding a domain name must be resolved between the parties concerned and VoiceNet will take no part in any such dispute. VoiceNet reserves the right on becoming aware of such a dispute concerning a domain name at its sole discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name and/or to make such representations to the relevant naming authority, as it deems appropriate.

10.5 Any Internet Protocol address allocated by VoiceNet to the Customer shall at all times remain the sole property of VoiceNet and the Customer will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, the Customer's licence to use the Internet Protocol address shall automatically terminate and thereafter it will not use such address.

11. Software Agreement
11.1 VoiceNet and its suppliers own the licensed programs and the documentation provided with this Agreement, both of which are protected by copyright laws. The Customer's right to use the licensed programs and documentation is limited to the terms and conditions described below:
11.2 The Customer may:
11.2.1 use the enclosed licensed programs on the number of users specified in the Service to which the Customer subscribes;
11.2.2 physically transfer the licensed programs from one computer to another provided that the licensed programs are used on no more that the number of users specified and that the Customer removes any copies of the licensed programs from the computer from which the licensed programs are being transferred;
11.2.3 make copies of the licensed programs solely for the purposes of backup. The copyright notice must be reproduced and included on a label on any backup copy.


12. Breach of Conditions
12.1 VoiceNet shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to it's network systems or security and in doing so VoiceNet will act reasonably and fairly at all times.
12.2 VoiceNet reserve the right to take any action VoiceNet deem appropriate and proportionate to the breach of the Conditions.
12.3 If VoiceNet decide that the Customer has breached the Conditions, VoiceNet will use reasonable endeavours to ensure that the Customer is made aware of the breach without suspension or termination of the Service. However it may be necessary, due to the severity of the breach, to suspend or end the Service whilst details of the breach are investigated further. VoiceNet reserve the right to suspend or end the Customers Account at it's sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service.
12.4 The Customer must notify VoiceNet immediately in writing of any allegation of infringement of any intellectual property rights prompted by its use of the Service. The Customer may not make an admission relating to an alleged infringement. The Customer must allow VoiceNet, or at VoiceNet 's election, the Carrier to conduct all negotiations and proceedings and give VoiceNet or the Carrier all reasonable assistance in doing so. The Customer must allow any part of the Service to be modified so as to avoid continuation of the alleged infringement.

13. Term and Termination
13.1 The Customer may end this Agreement after the Minimum Period of Service by giving VoiceNet not less than thirty (30) days written notice expiring no earlier than the end of the Minimum Period of Service. If a Customer wishes to end this Agreement before the end of the Minimum Period of Service, VoiceNet shall be entitled to charge the Customer fees which would have been payable by the Customer for the balance of the Minimum Period of Service.
13.2 In addition, if a Customer using VoiceNet ADSL wishes to end this Agreement before twelve (12) months have elapsed since the Commencement Date, VoiceNet shall be entitled to charge a termination fee. For details of the current termination fee please contact the VoiceNet Sales department.
13.3 The Customer may do so by writing to VoiceNet indicating the Customer's intention to cancel and either (a) send it to VoiceNet.
13.4 VoiceNet may end this Agreement immediately upon written notice to the Customer if:
13.4.1 it becomes unlawful for (i) VoiceNet or the Carrier supporting the Service to continue to provide the Service; or (ii) VoiceNet or the Carrier supporting the Service is required to cease the Service by a competent regulatory authority; or
13.4.2 the Carrier supporting the Service ceases to do so for whatever reason or materially changes the terms of its provision of telecommunications services to VoiceNet  for the Service beyond the reasonable control of VoiceNet ; or
13.4.3 The Customer (or a third party acting on the Customer's behalf or instruction) fail to comply with any of the material Conditions or conditions of this Agreement including the Customer's obligation to pay and the Customer does not remedy such failure within fifteen (15) days of a request to do so.
13.4.4 The Customer take (or cause or permit a third party to take) any action in breach of VoiceNet rights to the Confidential Information.

13.5 The provisions of this Agreement regarding Confidential Information and limitation of liability shall survive the termination of the Agreement.
13.6 Upon termination of this Agreement the Customer shall immediately stop using the Service and the Customer's right to use Service shall immediately terminate.

14. Disclaimer of Warranties
14.1 THE SERVICE WILL BE PROVIDED TO THE CUSTOMER "AS IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VoiceNet DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS FREE OF DEFECTS AND VIRUSES, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. FURTHER, VoiceNet DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE CUSTOMER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CUSTOMER'S USE OF THE SERVICE.

15. Limitation on Liability
15.1 Nothing in this Agreement shall exclude or limit liability for(a) death or personal injury resulting from the negligence of either party or their servants, agents or employees or(b) fraud.
15.2 VoiceNet shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for:
15.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
15.2.2 any loss of goodwill or reputation; or
15.2.3 any special, indirect or consequential losses or any destruction of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, suffered or incurred by that party arising out or in connection with the provisions of, or any matter under this Agreement.

15.3 Subject to paragraphs 15.1 and 15.2 VoiceNet liability to the Customer in contract, tort, negligence, pre-contract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to £250.
15.4 Each provision of this paragraph 15 excluding or limiting liability shall be construed separately, applying and surviving even it for any reason any other provision does not remain in force, notwithstanding the expiry or termination of this Agreement.
15.5 The Customer is solely responsible for any liability arising out of any content provided by the Customer and/or any material to which other users can link to through such content. Any data included in the Equipment upon installation by VoiceNet is for testing use only and VoiceNet hereby disclaim any and all liability arising there from.

16. Indemnity
16.1 The Customer agrees to indemnify and hold VoiceNet harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the Customer; and (b) any transmission or receipt of any content or message which the Customer has requested or made using the Service.

17. Data Protection/Personal Details
17.1 VoiceNet may retain the Customer's personal data, and the Customer authorise VoiceNet to use their personal data, for the following purposes:
17.1.1 provision of the Service to the Customer;
17.1.2 keeping of a record for a reasonable period after termination of the Customer's Service;
17.1.3 operation and enforcement of these Conditions;
17.1.4 technical maintenance;
17.1.5 providing the Customer with information about other services VoiceNet offer, subject to the Customer's right to opt out of receiving such information on the Application Form;
17.1.6 transferring it to