1.0 PROVISION OF SERVICE
1.1The Company will open an account in the name of the Customer for the Internet Service to which the charges will be posted. The installation (set up) charge and one month's base charges are required to be paid at the time services are ordered. These charges are non-refundable. On the date the Customer's connection to GuyanaNet is turned on, the Customer will be billed 30 Net days. That invoice is due in full no later than 30 days after the Customer's first day of activation. After this, the Customer's service is subject to interruption. The Company has the right to alter the charges for the service providing the Customer is given one month's written notice.
1.2 The Company may refuse to render service or disconnect existing service for any of the following reasons:
1.3 When the applicant is indebted for any GuyanaNet service previously rendered.
1.4 When the services are going to be used or are used in violation of any statute, law or of any
regulation, rules or orders made under any statute or law.
1.5 When in the sole discretion of the Company circumstances indicate the intention to defraud.
1.6 When it is discovered that the Customer has engaged in, or is engaging in, the unauthorised access of participating networks on the system.
1.7 When used for any profane, offensive or immoral purposes, or any purpose which in the sole discretion of the Company is not desirable.
1.8 When the Customer is declared insolvent or bankrupt.
2.0 DISCONNECTION OF SERVICE
2.1 The Company may disconnect the service by reason of the Customer's default in payment of any bill or part thereof which is not paid by the due date shown on the bill. In the event of a disconnection, the Customer shall pay in addition to the full amounts outstanding, a reconnection or late payment fee to have the service restored.
3.0TERMINATION OF SERVICE ON CUSTOMER'S REQUEST
3.1 The Customer may terminate the service by giving to the Company at least 30 days notice in writing of his/her intention to do so. This notice does not relieve the Customer from any liability which has been accrued to the date of termination whether billed or not billed.
4.0 BILLING QUERIES PROCEDURE
4.1 The Customer shall notify the Company of any contested charges within 21 days of the date shown on the bill and he shall pay the non-contested charges on the bill by the due date of payment.
4.2 The Company shall investigate the contested charges and notify the Customer of the result or progress of the investigation within 7 days after the receipt of a complaint. If it is established that the contested charges are legitimate charges, the Customer shall pay on presentation of the next bill.
4.3 The Company shall not disconnect the Customer's service before the result of the investigation has been notified to him/her in writing.
5.0 RESPONSIBILITY OF THE CUSTOMER
5.1 The Customer shall be responsible for providing all end user hardware to facilitate access to the service.
5.2 The Customer shall be responsible for the payment of all charges incurred in respect of the service, regardless of the person or persons using the service.
5.3 The Customer shall not transmit any material which may be considered illegal, immoral, profane or offensive.
6.0 INDEMNITY CLAUSE
6.1 The Company assumes no responsibility for the unauthorised access by Customers or users to information of participating networks (i.e. "hacking"), or any virus or harmful programme which may be introduced by a customer or user, or for the use of information received via the service.
6.2 The Customer shall indemnify GuyanaNet and keep GuyanaNet at all times fully indemnified from and against any lawsuits, claims, damages or liabilities (or actions or proceedings in respect thereof) to which GuyanaNet may become subject related to or arising out of the Customer's testing of the service, and will reimburse GuyanaNet for all legal and other expenses, including attorney's fees, incurred in connection with investigating, defending, or settling any such loss, claim, damage, liability action or proceeding whether or not in connection with pending or threatening litigation in which GuyanaNet is a party. This indemnity shall survive the termination of this Agreement.
7.0 LIMITATION OF LIABILITY
7.1 Neither GuyanaNet, its officers, directors,employees or authorised agents shall be under any liability to the Customer or to any other person for direct, indirect or consequential loss or damage (including but not limited to lost profits or damaged or corrupted data) arising out of or in connection with the use of the service or any delay, failure or interruption of the service or the use of performance of the software.
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