Archive - Up to 17 January 2005

These conditions of sale apply to those customers who bought purchasing equipment for use with a product or service being supplied by THUS plc before 17 January 2005 . Your purchase and right to use the equipment, as defined below, is subject to the following conditions.

Please read the Customer Premises Equipment Terms and Conditions below

1. DEFINITIONS

"Accessories"	means the "Quick Install Guide" installation instructions, the self-installation CD-ROM containing the Software, an electronic user manual and (if any) other safety/other accessories as supplied by THUS to you;
“Agreement”	means the agreement between THUS and you for the sale and purchase of the Equipment in accordance with these Conditions;
"Conditions"	means these terms and conditions;
"Consumer"	means that your purchase of the Equipment is for non-business use only;
"Equipment"	means the equipment supplied by THUS to you as detailed in the Order Form and/ or the Welcome Letter;
“Notice of Cancellation”	means a notice in writing (or in another durable medium which is available and accessible to THUS), from you to THUS, cancelling your Order;
“Order”	means the order to purchase the Equipment, submitted by you either by the completion of an Order Form or by telephone;
"Order Form"	means the form which you fill in and sign and return to THUS, or fill in and submit online;
“Order Reference Number”	means the reference number generated by THUS which you are made aware of following your submission of an Order;
“Service”	means any internet access service being provided to you by THUS;
"Software"	means the software licensed to you by a third party and which comprises part of the Equipment;
“Support Boundaries”	means the boundaries, describing the level of support and assistance which THUS may at its discretion, provide to you in connection with the Equipment, as set out on the THUS Website or detailed in the Welcome letter, and which may be varied by THUS from time to time;
"THUS"	means THUS plc whose registered office is at 1-2 Berkeley Square, 99 Berkeley Street, Glasgow G3 7HR, Scotland;
“THUS Website”	means the website accessible at www.demon.net;
“Welcome Letter”	means the letter which is sent by THUS to you and which includes details of the Equipment;
"Working Day"	means Monday to Friday inclusive from 9.00 a.m. to 5.30 p.m. excluding UK public bank holidays;
"you/ your"	means the customer (being a Consumer or a business customer) who buys or agrees to buy the Equipment from THUS;

In terms of these Conditions, receipt by THUS of your Order shall be deemed to be an offer by you to purchase the Equipment. The agreement between THUS and you in respect of the Equipment comes into existence at the time of delivery of the Equipment to you in accordance with these Conditions.

2. CANCELLATION

If you are a Consumer, you shall have the right to cancel your Order for the Equipment prior to the expiry of the period of 7 Working Days, beginning the day after the Equipment has been delivered to you. In the event that you exercise this right to cancel you must serve a Notice of Cancellation on THUS, retain possession of the Equipment and all items included in the original sale ("Equipment Package"), take reasonable care of the Equipment Package and within 14 Working Days of serving such Notice of Cancellation, return the Equipment Package quoting your Order Reference Number to Net Lynk Limited, Centurion Court, Roman Way, Coleshill, Birmingham B46 1HQ by recorded delivery, registered post or courier. You will be responsible for all costs incurred in returning the Equipment Package or for any costs incurred by THUS in recovering the Equipment Package. Any Equipment being returned must be in no worse a condition than it was at the time of delivery to you.

3. PRICE AND PAYMENT

The price of the Equipment is as set out in the Order Form and/ or as detailed on your Welcome Letter and shall include the delivery charge but may be exclusive of the Value Added Tax to be paid. Payment will be due on the date specified on the invoice which is issued by THUS. Time for payment shall be of the essence. Payment must be made using one of the methods specified by you upon placing your Order. In the event of late payment THUS reserves the right to charge interest on overdue amounts at an interest rate of 4% above the prevailing lending rate of The Royal Bank of Scotland plc, accruing on a daily basis until payment is made, whether before or after any judgement.

4. OWNERSHIP AND USE OF SOFTWARE

You hereby acknowledge that it is your sole responsibility to comply with all terms and conditions of any licence agreement attaching to the Software. You hereby acknowledge that failure to comply with such terms and conditions may result in you being refused a licence for the Software or having the same revoked by the owner of the Software or by THUS. You hereby further agree to indemnify THUS in respect of all costs, charges or expenses incurred by THUS as a result of any breach by you of the terms and conditions contained in any such licence agreement.

5. DELIVERY AND TITLE

Delivery times quoted by THUS are estimates only and time shall not be the essence of the Agreement. THUS shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Equipment and/ or the Accessories. Delivery shall be deemed to take place when the Equipment arrives at the premises specified by you in the Order Form. All risk in the Equipment shall pass to you or your appointed agent at the time of delivery. Title of the Equipment shall not pass to you until you have paid all sums due to THUS. Prior to the title of the Equipment passing to you, you shall hold the Equipment on behalf of THUS and shall keep the Equipment separate from any other goods, properly stored, protected and insured and clearly identified and shall bear the costs thereof. THUS shall not be liable for delivery failure in the event that you have provided incorrect delivery details to THUS. THUS will make up to two attempts to deliver the Equipment to you. The costs of any further delivery attempts shall be borne by you.

6. QUALITY

6.1 Subject to the other provisions of these Conditions, THUS warrants that upon delivery, and for a period of 24 months from the date of the delivery, the Equipment will be of satisfactory quality and be reasonably fit for purpose.

6.2 The warranty at condition 6.1 does not extend to defects resulting from:-

6.2.1 natural disasters, fire or flooding occurring after delivery; or

6.2.2 shock, fall or incorrect handling; or

6.2.3 connection, installation or use not conforming to the instructions in the Accessories or specifications detailed in the Order Form or advised to you at the time of placing your Order; or

the effect of over voltages, insufficient protection against humidity, heat or frost, modification, defect in or non-compatibility of hardware connected to the Equipment; or
intervention by a third party not approved by THUS

6.3 Any Equipment repaired or replaced, during the said 24 month period, will be guaranteed for the unexpired portion of the said period.

7. RETURN OF EQUIPMENT

7.1 You shall inspect the Equipment immediately on delivery and shall within 48 hours of delivery notify THUS Customer Services of any damage to or fault with the Equipment on 0845 272 2333. In the event of any damage to or fault with the Equipment, the Equipment must be returned to THUS within 14 days of delivery.

7.2 Subject to these Conditions, within a period of 24 months from the date of delivery THUS will make good by repair or replacement (at its sole option) the Equipment which, under proper use, is or becomes defective.

7.3 Prior to returning the Equipment to THUS for whatever reason, the following returns procedure shall apply:-

7.3.1 In the event that any Equipment or Software is faulty, you should call our Technical Support Department on 0845 272 0040 (Home 500 Customers should call Technical Support Department on 0871 271 9666), or such other telephone number as may be advertised by THUS from time to time.

7.3.2 If the Software is not complying with the specifications described in the accompanying Software documentation, THUS will, during the said 24 month period, use its reasonable endeavours to ensure that such fault is eliminated or mitigated.

If the fault is an Equipment fault which is not resolved within 3 Working Days from notification to our Customer Services Technical Department, you will be allocated a Returns Authorisation Number ("RAN"). Your RAN shall remain valid for a period of 14 days from the date of issue. Within the said 14 day period you must return the Equipment Package to Net Lynk Limited, Centurion Court, Roman Way, Coleshill, Birmingham B46 1HQ or such other address as may be advertised from time to time, by recorded delivery, registered post or courier. THUS will only accept return of the Equipment after a valid RAN has been issued.
The Equipment Package must be adequately wrapped in adequate packing to prevent damage during transit with the RAN clearly marked on the outside of the package. You will remain liable for any damage to the Equipment Package caused during transit resulting from inadequate packaging
THUS does not accept liability for any Equipment Package lost or damaged during transit and proof of postage is not proof of delivery. As you will remain liable for any loss or damage caused until receipt of the Equipment Package by THUS, including costs of a replacement Equipment Package you are strongly advised to maintain sufficient insurance to cover the value of the Equipment Package. The cost of return carriage is to be borne by you. This will be refunded if the Returned Equipment is proved to be defective.
On receipt of the Equipment Package, at the address specified in these Conditions, it will be tested against the stated fault (if any). If no fault is located and the Returned Equipment is found to be in full working order, the Returned Equipment will be returned to you at your expense.

8. SUPPORT BOUNDARIES

THUS may, at its discretion, and without prejudice to the provisions contained in condition 7 above, provide you with support in accordance with the Support Boundaries. In doing so THUS will use reasonable skill and care. However, THUS offers no guarantee that it will be able to remedy any difficulty that you may be experiencing and will not be liable to you in any way for such failure to remedy the difficulty.

9. SECURITY OBLIGATIONS

You are solely responsible for your use of the Equipment and in particular you must ensure that when using the Equipment in conjunction with any Service, your use of the Equipment and the Service is secure. You shall ensure that your use of the Equipment does not enable any third party to gain access to any local area network which you may create and that no third party gains illegal access to THUS’s network. In the event that THUS suffers any loss as a result of your breach of this provision, you shall indemnify THUS in full for any loss suffered by THUS as a result of such breach.

10. LIABILITY

10.1 Subject to condition 7, the following provisions set out the entire liability of THUS to you in respect of any breach of these Conditions and any representation, statement to tortuous act or omission including negligence arising under or in connection with the Agreement.

10.2 Except in respect of death or personal injury caused by THUS's negligence or fraudulent misrepresentation, THUS's liability whether in contract, tort or otherwise in respect of any defect in the Equipment or any breach of these Conditions or any duty owed to you in connection with these Conditions shall be limited to the value of the Equipment.

10.3 Other than as set out in these Conditions, THUS shall not, to the fullest extent permitted by law, be liable to you by reason of any implied or express warranty, condition or other term or duty under statute or at common law.

10.4 THUS shall not be liable, in contract, tort (including without limitation, negligence) pre contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Conditions for any economic losses (including without imitation loss of revenues, data, profits, contracts, business or anticipated savings), loss of goodwill or reputation or special, indirect or consequential losses suffered or incurred by you out of or in connection with the provisions under these Conditions.

11. GENERAL

11.1 If any part of these Conditions is found by any court or other competent authority to be wholly or partly invalid, unlawful, void, voidable or unenforceable then such part shall be severed from the remainder of these Conditions and the remainder of the Conditions shall continue to be valid and enforceable to the fullest extent permitted by law.

11.2 Failure or delay by THUS in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under the Agreement.

11.3 There is no intention that this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

11.4 The formation, existence, construction, performance, validity and all aspect of the Agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

11.5 Neither party shall be liable to the other where it is prevented from fulfilling any of its obligations under the Agreement due to circumstances beyond its reasonable control including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes or delays affecting carriers.

11.6 These Conditions constitutes the entire agreement between the parties concerning purchase of the Equipment. It supersedes all prior and contemporaneous agreements and communications. Where there is a conflict between these Conditions, the Order Form or terms and conditions applicable to any Services these Conditions shall prevail.

11.7 These Conditions shall not be altered, modified, or varied unless expressly agreed in writing by THUS.

11.8 You may not assign or sub-contract any of your rights or obligations under these Conditions to any third party unless agreed upon in writing by THUS. THUS reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Conditions to any third party.

12. COMPLAINTS

In the event that you have any complaints in connection with the Equipment please notify THUS of your complaints by writing to Customer Services, THUS plc, Gateway House, 322 Regents Park Road, London N3 2QQ.

THUS Service Conditions – CPE 27th September 2004