The User shall be responsible for the safe and legal use of the Service and any related equipment after installation of the Service and, without prejudice to the generality of the foregoing, the User agrees and undertakes:
- To use the Service in accordance with such conditions as may be notified within the Hive WiFi Web pages, or in writing by Hive WiFi from time to time.
- Not cause any attachments other than those approved for connection under the Act to be connected to the Service.
- Not to contravene the Act or any other relevant regulations or licenses.
- Not to use the Service as a means of communication for a purpose other than that for which the Service is provided and as may be set out from time to time in Hive WiFi's Service literature (Hive WiFi will notify the User should there be any change to Hive WiFi's Service literature relating thereto and Hive WiFi agrees not to make any such change as would materially affect the parties' obligations).
- Not to use the Service for the transmission of any material which is intended to be defamatory, offensive, abusive, obscene or menacing character.
- Not to use the Service in a manner which constitutes a violation or infringement of the rights of any other person.
The User shall indemnify Hive WiFi against all liabilities, claims, damages, losses and expenses arising directly or indirectly from any breach of any of the undertakings contained in clause 3(a).
Hive WiFi may at its sole discretion elect to suspend forthwith provision of the Service until further notice without compensation on notifying the Customer either orally (confirming such notification in writing) or in writing in the event that:
- The Customer is in breach of a material term of this Agreement, including for the purposes of this Agreement.
- Hive WiFi is obliged to comply with an order, instruction or request of the Government, an emergency services organisation or other competent administrative authorities.
- The Customer shall reimburse Hive WiFi for all reasonable costs and expenses incurred by the implementation of such suspension and/or the recommencement of the provision of the Service as appropriate, but only where the suspension is implemented as a consequence of breach, fault or omission of the User.
The Site may charge for use of the internet, or in conjunction with other offers.
The user shall not be charged by Hive WiFi for the use of the Service.
Nothing in this Agreement shall exclude or restrict Hive WiFi's liability for death or personal injury resulting from the negligence of Hive WiFi or of its employees while acting in the course of their employment.
In the event that the Service fails to operate and the User is unable to access the internet service, Hive WiFi will not be responsible for alternative internet access charges.
Hive WiFi shall not be liable to the User, in contract, tort or otherwise for any loss of business, contracts, anticipated savings or profits or for any other indirect or consequential loss whatsoever arising from the Service, its suspension or interruption.
Hive WiFi shall not be liable to the User for any loss or damage which may be suffered by the User due to any cause beyond Hive WiFi's reasonable control including without limitation any Act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, highways authorities, other public telecommunications operators or other competent authorities.
Hive WiFi shall not be liable to the Customer for any third party interference (either internally at the Customer's premises or externally eg 'hackers') with the Equipment or the Services nor as a consequence of abuse or misuse thereof.
This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other agreements and representations made by either party, whether oral or written .This Agreement may only be modified if such modification is in writing.
Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
The User agrees to the total exclusion of all its terms and conditions of business from this Agreement.
This Agreement shall be governed by and construed and interpreted in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts.
Hive WiFi reserves the right to record and monitor telephone calls.