General Terms and Conditions

 

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.