ANU Internet Services - Terms and Conditions

1. SERVICES
ANU Internet Services, hereafter called ANU, will provide to the User the Interneet services, subject to the terms and conditions contained in this Agreement. The User is responsible for obtaining, installing and maintaining the equipment, communication lines and services necessary to access the Services, unless otherwise agreed with ANU.

2. PAYMENT TERM
(1) This Agreement is effective for a period of thirty (30) days from the effective date and will thereafter remain in effect until terminated by User or ANU on 10 days notice to each other or such earlier period if required by this Agreement.
(2) ANU may reserve the right to amend this Agreement thereafter but agree to notify the customer of same.
(3) The User will pay charges for its use of the Services as recorded by ANU's Computer Systems plus an amount equal to value added taxes. Services are always invoiced in advance. Our payment terms are 30 days from invoice date. No refunds will be given.

3. USE OF SERVICES
(1) The User will use the Services in accordance with applicable telecommunications and other law, including data privacy and communications law, licenses, regulations and tariffs, and such standard conditions of use as established by ANU from time to time. In particular, the User Agrees and Undertakes not to use or permit to use the Services for any unlawful purposes or commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the Service or in a manner which is likely to cause harm to ANU, other Users of the Services or Internet. ANU reserves the right to terminate access or take other actions it reasonably believes to be necessary to comply with the law and ANU's standard conditions of use.
(2) The User agrees to indemnify and hold ANU, its employees and agents harmless against any liability costs or damages arising out of claims or suits by third parties who have received the right to access the Services from the User.
(3) The User will use such identification codes as agreed and assigned to it only from the authorised locations. If used from unauthorised locations, the User will pay the list prices applicable for that use without prejudice to any other legal remedies available to ANU. The User is responsible for all charges incurred for the use of the Service. User Details issued to the User may not be divulged to any unauthorised person or assigned without the prior written approval of ANU.
(4) The User agrees that s/he shall:
(i) observe and comply fully with the Laws of copyright and intellectual property rights in respect of the information provided
through the Services and the User may not use, copy or deal with such information other than for the Services without the due and
proper authorisation of the copyright owner.
(ii) be prohibited from processing unautomated personal data as defined in the Data Protection Act, 1988.
(iii) be absolutely bound to observe the confidentiality of the User's Details. ANU may suspend without notice and without
explanation access or change access to the User's account immediately upon notification by the User of the loss or disappearance of the User Details or for reasons stated; the User is obliged to notify ANU immediately of a Hacker or suspected Hacker's interference or computer virus.
(iv) ensure that all software and hardware equipment or facilities required in order to provide a connection to the Services is made available and in good and compatible working order.

4. CONFIDENTIALITY AND SECURITY
(1) The User acknowledges that ANU's employees and representative may gain access to the User's Data in the course of providing Services to the User.
(2) Each party shall treat as confidential all information obtained from the other pursuant to this agreement and shall not divulge such informationn to any person.
The foregoing obligations as to confidentiality shall survive any termination of this Agreement.

5. OBLIGATIONS OF ANU INTERNET SERVICES
(1) Take reasonable steps to provide access to ANU services at all times.

Exclusion of Liability
(2) Subject to the limitations specified in this Agreement re warranties applicable to the Service, a conditions, warranties and terms implied by law are hereby excluded.
(3) ANU does not warrant that the Services will meet the User's requirements or that the operation of the Services will be uninterrupted or error free. In particular, ANU makes no warranties or representations to the extent that the operation of the Services is dependent on third party services providers and ANU shall have no liability in respect of defects, interruptions or malfunctions in the Services which are attributed to such third party service providers. The User assumes the responsibility to take adequate precautions against damages to its operation which could be caused by defects, interruptions or malfunctions in the Services. The User is entitled a refund of charges for the proportion paid and not with access but is not entitled to Consequential loss arising there from. The User assumes the responsibility to take adequate precautions against damages to its own databases which could cause defects, interruptions or malfunctions in the Service.
(4) The User acknowledges that ANU make no warranties or representation concerning the accuracy, completeness, performance or usefulness of such programs or databases on the Internet and the User agrees to assume the risk of using such information.

6. LIMITATION OF LIABILITY
(1) The following provisions set out ANU's entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to the User in respect of:
(i) any breach of the contractual obligations arising under this Agreement; and
(ii) any representations, statements or tortuous acts or omission (including negligence) arising under or in connection with the Agreement.

ANU acknowledges the statutory rights which the User may enjoy while dealing as a Consumer within the meaning of the Sale of Goods and Supply of Services Act, 1980 or to which s/he may otherwise enjoy under Section 55 or Sections 40 and 46 of the said 1980 Act or while dealing as a Consumer within the meaning of Regulation 2 of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995. Subject and without prejudice to other aspects of mandatory public general law, the requirements of the said European Communities (Unfair Terms in Consumer Contracts) Regulations 1995, shall only be imported into this Agreement when and to the extent that, the User with whom ANU is dealing is a Consumer within the meaning of the said Regulation 2.

ANU shall not be liable in respect of an Event of Default.

It shall not be liable to the User in respect of any Event of Default for loss of profits, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by the User as a result of an action by a third party even if such loss was reasonably foreseeable or ANU had been advised of the possibility of the User incurring the same) nor shall ANU be liable in respect of any fault which is the responsibility of any third party service provider or licenser to ANU from outside the state.

(2) The User shall indemnify ANU against all claims made against ANU, its employees or agents, for loss, damage or injury to any person or property occasioned by or arising from the User's operation of the Services.

(3) Save as expressly stated in this Agreement, ANU shall have no liability whatsoever to the user in respect of this Agreement whether in contract, tort, or otherwise and all conditions and warranties express or implied whether by statute or common law or otherwise are hereby excluded to the extent permitted by applicable public general law.

7. TERMINATION
(1) Unless otherwise agreed this Agreement may be terminated by either party upon thirty (30) days prior notice.
(2) This Agreement may be terminated forthwith by ANU in the event of:
(i) the User being in arrears for a period of 14 days after any payment to be made hereunder has become due; or
(ii) the User committing a breach of any of the terms of this Agreement.

8. FORCE MAJEURE
Except for failure to make payments when due, neither party will be liable to the other by reason of any failure in performance of this Agreement if the failure arises out of the unavailability of third party communication facilities or energy sources, acts of God, acts of the other party, acts of governmental authority, fires, strikes, delays in transportation, riots or war, or any cause beyond the reasonable control of that party. If any such event prevents the user from accessing the Services and continues for more that one (1) month, the User may terminate the Schedule(s) for the affected Service(s) upon delivery of notice to ANU.

9. GENERAL PROVISIONS
(1) If any part or parts of this Agreement are held to be invalid, the remaining parts of the Agreement will continue to be valid and enforceable.
(2) This Agreement will be governed by the Laws of Ireland.
(3) Any action of any kind by either party arising out of this Agreement must be commenced within two (2)rs from the date the right, claim, demand or cause of action shall first arise.
(4) The Agreement contains the complete and exclusive understanding of the parties with respect to the subject matter hereof. No waiver, alteration, or modification of any of the provisions hereof will be binding unless in writing and signed by a duly authorised representative of the party to be bound. Neither the course of conduct between the parties nor trade usage will act to modify or alter the provisions of the Agreement.