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These General Terms and Conditions
(and any applicable special terms and conditions mentioned below)
will form a legally binding contract between FAST2SURF SAL Sodeco
Square, Block B, 8th floor, Achrafieh, Beirut, Lebanon ("FAST2SURF
SAL") and the customer regarding the skyDSL service and related
services as well as for supplying equipment. The skyDSL service
offers broadband internet access via satellite.
1. Ordering Services
1.1 How to order
If the customer wishes to place an order, he may do so by (a) filling
in a written order form; (b) by following the online ordering process
on the Website at www.fast2surf.net (the "Website"); (c)
by calling our call enter or he may order otherwise e.g. with a
specialist dealer.
Certain services or packages may be subject to additional terms
and conditions in addition to these General Terms and Conditions.
These additional terms and conditions will be set out in a written
order form or on the Website prior to the customer submitting an
order for such services or packages. In the case of a conflict between
these General Terms and Conditions and any additional terms and
conditions in relation to those services or packages, the additional
terms and conditions shall apply.
1.2 Acceptance
If FAST2SURF SAL accepts the customer's order, an e-mail will be
sent to the customer's specified address he/she specifies on the
order form to confirm that the order has been accepted. FAST2SURF
SAL has the right to refuse to accept an order for any reason. These
General Terms and Conditions will be a binding contract from the
time that FAST2SURF SAL accepts the customer's order.
1.3 The customer's right to cancel his/her order
If the consumer is using the skyDSL service for his/her own personal
use and not for a business or professional purpose, and if he/she
has placed the order via internet or telephone, he/she may cancel
his/her order for the skyDSL service or any other service to which
these General Terms and Conditions apply at any time within 14 days
after the date of the order. The customer may not revoke his/her
order after he/she has started to use the service and/or after he/she
has installed the equipment.
To cancel the order, he/she must write to FAST2SURF SAL stating
the details as set out in his/her order form to the following fax
number:
+961 1 612 619
and he/she must return any software, manuals or other equipment
which has been supplied by FAST2SURF SAL to the address received
from FAST2SURF SAL by email.
If the consumer is using the skyDSL service for his/her own personal
use and not for a business or professional purpose and he/she has
ordered any goods from FAST2SURF SAL, the customer may return them
(at his/her cost) in accordance with the return policy set out on
the Website to the address he/she will get from FAST2SURF SAL by
email within 14 days of receiving. This/her does not affect his/her
statutory rights.
1.4 Changes to these General Terms and Conditions
FAST2SURF SAL can change these General Terms and Conditions at any
time. It will give the customer at least 30 days' notice before
the planned change takes effect. If the customer does not object
in writing to the address in paragraph 1.3 above (stating his/her
customer number) within 30 days of FAST2SURF SAL giving notice of
the change, he/she will be deemed to have agreed to such change.
If the customer objects to a proposed change within the 30 day period,
the change shall not take effect.
2. Delivery and provision of services
After FAST2SURF SAL has accepted the customer's order, it will deliver
the software and manuals for the skyDSL service and, where appropriate,
any hardware or equipment ordered to the delivery address he/she
has specified on his/her order form. By delivering the software,
FAST2SURF SAL grants the customer a non-exclusive right, only for
the period of use of the skyDSL service, to use the software to
the extent required for the use of the skyDSL service. The customer
is not permitted to reproduce the software or the manuals (other
than to make a back-up copy). The customer is not permitted to translate,
vary, supplement, reproduce or disseminate the software or the manuals
nor make them accessible to third parties. Any software supplied
by FAST2SURF SAL may be subject to further licence terms which will
be included with the software. The customer will be responsible
for installing skyDSL on his/her computer. Risk and title in any
equipment (including hardware and/or software) supplied by FAST2SURF
SAL will pass to the customer on delivery.
3. Fees and terms of payment
3.1 Fees
The fee for the skyDSL service which the customer has selected will
be as set out in the price guide on the Website at the time the
customer places his/her order. FAST2SURF SAL may change the price
from time to time.
3.2 Payment and payment deadlines
The customer must pay the monthly basic fee in advance and any further
costs such as connection costs are to be paid after the use of the
service unless otherwise agreed.
Unless FAST2SURF SAL has agreed otherwise, FAST2SURF SAL will send
the customer a bill for the FAST2SURF SAL service each month. The
customer has to use the payment methods he/she has agreed to in
his/her order. The use of such payment service may require him to
conclude a contract with a third party payment service provider.
If the customer wishes to object to a bill, he/she must do so in
writing to FAST2SURF SAL to the fax number +961 1 612 619 within
one weeks of receiving the bill. The customer will receive an electronic
bill for each payment transaction and a printed bill, that has to
be signed by the customer and returned to FAST2SURF SAL.
3.3 Delay in payment, disconnection
If the customer's payment has not been made by the due date, FAST2SURF
SAL may charge interest on any unpaid sums at the rate of 1 % per
month and any applicable chargeback fee levied by the payment service
provider. In addition, FAST2SURF SAL may restrict or deny his/her
access to the services until the customer has paid all outstanding
amounts in full. In case we restrict or deny access to the services
because of a delay with payments the customer still has to pay all
monthly fees which do not relate to actual use of the service (such
as the basic monthly fee). Furthermore, FAST2SURF SAL may terminate
the skyDSL service as set out in paragraph 6.2. These rights will
be in addition to any other rights FAST2SURF SAL may have.
4. Availability, interference with performance, liability
4.1 Availability of the services FAST2SURF SAL shall use reasonable
efforts to ensure that the skyDSL service will be available at any
time in accordance with the description of the skyDSL service on
the Website from time to time. FAST2SURF SAL will not be responsible
for interruptions resulting from:
· matters beyond FAST2SURF SAL's control; or
· necessary maintenance works or other measures to improve the skyDSL
service.
It is not possible for the skyDSL service to be provided without
faults or interference and FAST2SURF SAL will use reasonable efforts
to fix any faults or interference with the skyDSL service to the
extent practicable.
In providing the skyDSL services, FAST2SURF SAL will use the reasonable
skill and care of a competent provider of similar services in Lebanon.
The skyDSL service and the prices charged for it are intended to
the needs of private households not using the skyDSL service for
business or professional reasons. Therefore to enable all customers
to access the Internet on an equal footing, FAST2SURF SAL, in the
interest of all customers, reserves the right to impose restrictions
on the bandwidth available to users consistently loading down above-average
amounts of data to the extent that such restrictions are required
to ensure comparable access to the Internet for all customers. By
doing this/her, FAST2SURF SAL will try to ensure that all customers
can use the skyDSL service without the service being reduced by
a small number of users using large amounts of bandwidth. If his/her
average scope of use is similar to the average of other users, the
customer will not be subject to any restrictions.
4.2 Warranties (rights in case of defects) for software and hardware
FAST2SURF SAL warrants that the software and hardware supplied by
it is free from defects at the time it is delivered. Hardware may
also be subject to a limited manufacturer's warranty in accordance
with the documentation supplied with the equipment. The warranty
does not cover the following defects caused by the following:
· improper installation and/or use of the hardware or software by
the customer or third parties
· the customer not having in place the system-related requirements
set out on the Website
· the customer infringing the obligations set out in these General
Terms and Conditions.
FAST2SURF SAL does not warrant that the software and hardware supplied
by it is capable of interacting with software and hardware products
not supplied by it.
If the customer encounters a defect, he/she must immediately inform
FAST2SURF SAL in writing at the email-address billing@teles-skydsl.co.uk.
The customer must give FAST2SURF SAL all particulars reasonably
requested to allow FAST2SURF SAL to identify the defect and its
causes. FAST2SURF SAL shall fix defects at its choice either by
fixing the affected hardware or software or delivering a replacement
for the affected hardware or software (including by download). In
particular, software defects may be remedied by delivery of individual
data files, clustered software updates or supply of an upgraded
version unless this/her is not in his/her interests. In case FAST2SURF
SAL replaces defective goods, the customer must promptly return
the defective goods before FAST2SURF SAL will supply the substitute
goods to the customer. Before returning the goods, the customer
must obtain a Return Material Authorisation Number (RMA) from FAST2SURF
SAL by accessing the Website and he/she must comply with the return
policy available on the Website from time to time.
If a defect is not covered by a warranty, FAST2SURF SAL may fix
the hardware or software after the customer has paid any fee FAST2SURF
SAL may charge for its services, including any costs associated
with examining the returned goods. Further details of these charges
will be set out in the return policy available on the Website from
time to time.
4.3 Warranty period
The customer may make a claim under the warranty as stipulated in
the article 463 of the Code of Obligation and Contracts provided
a claim has been notified to FAST2SURF SAL in accordance with article
446 of the Code of Obligation and Contracts.
4.4 Limitations on liability
4.4.1 Nothing in these General Terms and Conditions will limit or
exclude either party's liability for death or personal injury caused
by its (or its employee's) negligence or breach of duty nor for
fraud nor fraudulent misrepresentation.
4.4.2 To the extent permitted by law, FAST2SURF SAL will only be
liable for damage which it or its legal representatives or agents
have caused deliberately or by negligence.
4.4.3 FAST2SURF SAL will not be liable for weather-related impairments
of quality of satellite-based skyDSL services nor for the quality
of data transmission, for access times, potential restrictions on
access to terrestrial or satellite-operated networks and/or servers
linked to the Internet. FAST2SURF SAL is solely a service provider
and is not liable for any third-party content accessed using the
skyDSL service and/or services which is not being controlled by
FAST2SURF SAL.
4.4.4 Any provision of this/her paragraph 4.4 may, if its found
to be unenforceable, be severed from the remaining provisions which
will continue to apply.
5. Customer's rights and obligations
5.1 His/her details
The customer must, when ordering the skyDSL service, provide complete
and accurate details and keep his/her registration data updated.
He/she must keep his/her access data strictly secret and not pass
them on or disclose them in any form to third parties. In case of
loss, theft or inadvertent disclosure of his/her access data, the
customer must promptly inform FAST2SURF SAL. He/she is liable for
all usage made from his/her skyDSL-account.
The customer is also obliged to pay for services which have been
used through unauthorised use of his/her account data except where
he/she is not responsible for such unauthorised use and where he/she
has taken reasonable steps to prevent such unauthorised use. The
same is true for the use of hard- and software which is not authorised
by Teles for the use with the services but which incurs connection
charges by invoking an internet connection regardless of whether
such connection is known or unknown to the customer.
5.2 Risks of Internet use
Please bear in mind that data transmitted via the Internet may be
unprotected and the customer should take all necessary precautions
to make the transmission of his/her data as safe as possible and
to protect his/her computer against potential attacks by third parties
via the Internet. The customer will be solely responsible for the
consequences of any potential unlawful use of data he/she has transmitted
via the Internet. FAST2SURF SAL is not liable for any damage to
his/her devices or data resulting from its connection to the Internet.
5.3 The customer's use of the skyDSL service
The customer will ensure that the content transmitted by him and
his/her conduct using the skyDSL services will comply with any applicable
law or public policy. The customer is expressly forbidden to abuse
the services of FAST2SURF SAL, to permit such abuse by others or
to use them for the perpetration of unlawful or criminal acts. In
particular, he/she agrees not to use or allow other to use the skyDSL
service:
· to send, knowingly receive, upload, download or use any material
which is offensive, abusive, indecent, menacing, threatening, harassing
or offensive;
· to breach any other person's rights including their copyright
or other intellectual property rights, privacy or any other rights;
· to send spam or any unsolicited advertising or promotional material;
· to transmit any virus, worms, Trojan horses, backdoors or spyware
or anything similar or any mail-bombing or denial of service attacks;
· in breach of any policies published on the Website from time to
time;
· to interfere with or degrade the skyDSL service;
· for resale to any other party.
The customer will indemnify FAST2SURF SAL for any losses, liabilities
or claims (including legal expenses) which it may incur as a result
of third party claims arising from or in connection with his/her
use or misuse of the skyDSL service or breach of these General Terms
and Conditions. FAST2SURF SAL may examine, monitor and/or record
his/her use of the skyDSL service from time to time and the nature
of the data the customer is transmitting or receiving using the
skyDSL service to protect the integrity and operation of the skyDSL
service, to co-operate with any investigation by a competent authority
or to investigate his/her alleged or potential breach of these General
Terms and Conditions.
6. Term and termination of the agreement
6.1 After FAST2SURF SAL has received confirmation of his/her payment,
FAST2SURF SAL shall send the customer the access data and access
instructions and the starting date of the skyDSL service.
6.2 Term
A binding contract shall commence when FAST2SURF SAL has accepted
his/her offer and the contract shall remain in force for the initial
term selected when the customer submits his/her order (the "Initial
Term"). The term shall be automatically renewed at the end
of the Initial Term for the same Initial Term unless the agreement
is terminated as follows:
6.3 Termination
The customer or FAST2SURF SAL may terminate the agreement to take
effect at the end of the Initial Term and any subsequent terms by
writing to the other party stating the intention to terminate at
least one month before the end of the Initial Term.
FAST2SURF SAL shall be entitled to terminate the agreement without
notice if the customer infringes any contractual or statutory obligations
imposed on him by these General Terms and Conditions, if the customer
delays in making a payment pursuant to sub-para. 3.3, if services
are terminated by those third parties (in particular network and
satellite operators) on which FAST2SURF SAL relies to provide the
skyDSL service or if it is impossible, or possible only at disproportionately
high cost, for FAST2SURF SAL to replace such third-party services.
FAST2SURF SAL may terminate this/her agreement without notice if
fundamental alterations of engineering or legal standards render
the provision of the skyDSL service economically unreasonable. FAST2SURF
SAL shall promptly notify the customer of any of the above and shall,
where appropriate, proportionately refund to it any as yet unused
basic fee advanced for the then current month. In case of any serious
interference with or threat to its facilities or infrastructure
by the customer, FAST2SURF SAL may terminate the agreement without
notice and may take immediate technical measures to restore its
operations to normal. In particular, the customer is forbidden to
transmit mass mails (Spam) via FAST2SURF SAL servers. If he/she
breaches this/her, FAST2SURF SAL shall be entitled to put an end
to such practice.
7. Miscellaneous
7.1 Use of third-party services
FAST2SURF SAL may enlist the services of third parties for the fulfillment
of its contractual obligations.
7.2 Partial nullity
If any provision of these General Terms and Conditions is, or become
legally ineffective, the other provisions shall remain unaffected
thereby. The parties will try to replace any such ineffective terms
with an effective arrangement which comes closest in economic terms
to the objective intended by these General Terms and Conditions.
7.3 Entire Agreement
These General Terms and Conditions (and any applicable special terms
and conditions) will form the entire contract between the parties
in connection with the subject matter of these General Terms and
Conditions.
7.4 Choice of law and venue
These General Terms and Conditions and all matters arising out of
the skyDSL service shall be governed by Lebanese law. The provisions
of the UN Sales Convention (CISG) shall not apply. If the customer
is a consumer and are not using the skyDSL service for a business
or professional reason, the courts of Lebanon shall have exclusive
jurisdiction over all claims arising from this/her agreement. If
the customer is not a consumer, the courts of Beirut, Republic of
Lebanon shall have exclusive jurisdiction over any such claims.
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