BUSINESS ANYTIME - Terms and Conditions

1.1 The "Buyer" means the user, "Supplier" means 4FrontMedia, "Services" means all connection services provided by 4FrontMedia.

2. Supply

2.1 4FrontMedia agrees to provide the services to the 'Buyer' to the extent described in the Schedule, which shall be deemed and incorporated into these terms and conditions.

2.2 4FrontMedia reserves the right to alter or withdraw any service at any time, on giving current 'Buyer's prior warning.

3. Exclusion of Warranties

3.1 Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into these terms and conditions by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will 4FrontMedia be liable for economic, indirect or consequential loss.

3.2 4FrontMedia Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to 4FrontMedia or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality, or any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions.

3.3 In any event the liability of 4FrontMedia to the 'Buyer' in respect of an event or series of connected events arising out of or in connection with these terms and conditions whether in contract, tort (including negligence) or otherwise shall be limited to all sums payable in respect of the Services described in the Schedule.

3.4 Each provision of this Clause 3 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstance they shall remain in force not withstanding the termination or expiry of these terms and conditions.

4. Price and Payment

4.1 The charges payable by the 'Buyer' for the provision of the Services are set out in 4FrontMedia's order form. If for any reason 4FrontMedia is unable to collect payment from the 'Buyer' as it becomes due under these terms and conditions or in the event of default on payment by the 'Buyer' this will constitute a material breach of these terms and conditions by the 'Buyer'. 4FrontMedia shall have the right to require the 'Buyer' to pay all sums due under these terms and conditions on demand.

4.2 Accounts in default may be charged interest on the outstanding balance at a daily rate of 3% above base lending rate. All payments due under these terms and conditions shall be made by the 'Buyer' in full without any right of set-off by the 'Buyer'.

4.3 All sums due to 4FrontMedia under these terms and conditions are quoted exclusive of Value Added Tax and any other applicable taxes, which may from time to time be charged thereon in accordance with the relevant regulations in force at the time of making the taxable supply and shall be paid by the 'Buyer'.

4.4 4FrontMedia reserves the right to terminate the services to the 'Buyer' forthwith in the event of any default of payment.

4.5 All subscriptions charges are due a quarter in advance and will be collected by Standing Order.

5. Termination

5.1 The initial term shall commence when the 'Buyer' opens an account or starts using 4FrontMedia's services. This agreement will continue and payments will be taken according to the service subscribed to until the 'Buyer' requests cancellation or if 4FrontMedia decides to terminate the agreement according to the terms below.

5.2 4FrontMedia (without prejudice to its other rights) may terminate this Agreement immediately if:

a) the 'Buyer' breaches any clause under these Terms and Conditions.
b) 4FrontMedia is obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, to cease to provide any service provided to the 'Buyer'. c) the 'Buyer' breaches 4FrontMedia's Acceptable Use Policy, or d) the provision of any service to the 'Buyer' would give rise to or cause disruption to the services offered by 4FrontMedia to its 'Buyer's.

5.3 Without prejudice to its rights of termination at any time under Clause 5.2, 4FrontMedia shall have the right to suspend the provision of any Services without notice if 4FrontMedia has the right to terminate this Agreement.

5.4 4FrontMedia shall be able to terminate this agreement for any reason on giving the 'Buyer' a minimum of 1 month's notice at any time.

5.5 The 'Buyer' may terminate this agreement having given written notice by e-mail, letter, or fax. If terminating the agreement by telephone the 'Buyer' must ask for a cancellation reference number.

5.6 In the event of termination, whether initiated by the 'Buyer' or 4FrontMedia no refunds will be given on subscription charges, whether quarterly or annual.

5.7 In the event of termination the 'Buyer' shall immediately cease to make use of 4FrontMedia's Services.

6. Improper Use

6.1 A breach of our Acceptable Use Policy will constitute a material breach of these terms and conditions and shall entitle 4FrontMedia to terminate the agreement pursuant to Clause 5.2.

6.2 The 'Buyer' shall not (or authorise or permit any other party to) use 4FrontMedia's Services for the transmission of any material which is in violation of any law or regulation or which is defamatory, menacing, obscene, in breach of third party intellectual property rights (including copyright) or in breach of trade secrets. Any breach of this Clause will be deemed to be a material breach of this agreement and shall entitle 4FrontMedia to terminate the agreement pursuant to Clause 5.2 and for this purpose it shall be irrelevant whether the 'Buyer' is aware of the content or illegality of any material so transmitted or not.

6.3 Not withstanding and in addition to Clause 5.2 4FrontMedia may suspend the Service without notice with immediate effect if in 4FrontMedia's reasonable opinion the 'Buyer' is in breach of these Terms and Conditions or acted inconsistently with the spirit of these terms and conditions.

6.4 The 'Buyer' acknowledges that 4FrontMedia is unable to exercise control over the content of the information passing over the 4FrontMedia connection and/or the 4FrontMedia network and/or the Services, and 4FrontMedia hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.

6.5 The 'Buyer' hereby agrees to indemnify and holds 4FrontMedia harmless from any claim brought by a third party resulting from the use of the 4FrontMedia connection and/or the 4FrontMedia network, Services including but not limited to infringement of any intellectual property right of any kind, legislation or regulation. The 'Buyer' shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against 4FrontMedia arising from such claims, and shall provide 4FrontMedia with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the 'Buyer's sole expense. Such actions will be taken in consultation with the 'Buyer'.

7. Suspension of Services

7.1 4FrontMedia may without terminating this agreement suspend provision of any Services in whole or in part until further notice with immediate effect if:

a) 4FrontMedia has reason to terminate this agreement in accordance with Clause 5; b) 4FrontMedia is obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, or c) 4FrontMedia needs to carry out work relating to upgrading or maintenance of the 4FrontMedia network but providing that 4FrontMedia has given the 'Buyer' a reasonable period of notice practicable in the circumstances.

7.2 If 4FrontMedia exercises its right of suspension in respect of an event referred to in Clause 7.1, this will not exclude its right to terminate this agreement later in respect of that or any other event, nor will it prevent 4FrontMedia from claiming damages from the 'Buyer' resulting from such event if the 'Buyer' is in breach of these terms and conditions.

8. Data Protection

8.1 4FrontMedia reserves the right to put the names and other information from the registration form relating to the 'Buyer's into a computerised directory for internal use, unless specific written instructions are received from the 'Buyer'.

8.2 4FrontMedia reserves the right to provide information concerning your account and activities whilst using 4FrontMedia's services if we are requested to do so by the 3rd party providers, police or a regulatory or government authority in investigating illegal activities.

9. Security

9.1 The 'Buyer' is responsible for maintaining the confidentiality of the username and password and may not release them to any third party. The 'Buyer' is fully responsible for all activities which occur under their username and password. Other users of the 'Buyer's username and password shall be bound by these terms and conditions as if they were the 'Buyer'. The 'Buyer' agrees to immediately notify 4FrontMedia of any unauthorised use of his/her username or password or any other breach of security of which the 'Buyer' becomes aware.

10. General

10.1 Other than in respect of the 'Buyer's obligation to make payments neither party shall be liable in respect of any breach of this contract due to any cause beyond its reasonable control including but not limited to acts of God, flood, lightning or fire, industrial action, act or omission of Government or other competent authority, riot, war or act or omission of another party for whom that party is not responsible.

10.2 4FrontMedia shall have the right by notice to the 'Buyer' to modify these terms and conditions at any time. It is the 'Buyer's responsibility to check these terms and conditions for changes on a regular basis.

10.3 These terms and conditions are governed by and shall be construed in accordance with the laws of England and the 'Buyer' hereby submits to the exclusive jurisdiction of the English Courts.

10.4 These terms and conditions represents the entire agreement between the parties.

10.5 The 'Buyer' shall not assign or purport to assign or otherwise deal with any of its rights and obligations thereunder, except if expressly agreed in writing with 4FrontMedia.

10.6 4FrontMedia shall have the right to assign, subcontract or otherwise deal with all or any of its rights and obligations under these terms and conditions to any third party.

10.7 The 'Buyer', by creating an account with 4FrontMedia, hereby acknowledges that he/she has read and accepted the terms hereof.

10.8 Any notice given by 4FrontMedia to the 'Buyer' under these terms and conditions will be given either by email or by a message on the 4FrontMedia website.

10.9 The 'Buyer' is responsible for making sure that he is dialling the right number for the service used.

Business Anytime 64k: Internet access at a fixed monthly rate of £29.90 + VAT including free calls for Internet access at any time. 4FrontMedia will provide one modem and line for every five 'Buyer's on the service. This service is not intended to offer a permanent connection, 'Buyer's will share a pool of modems in the ratio of five 'Buyer's to one modem. 4FrontMedia reserves the right to ask 'Buyer's whose usage of the service is not appropriate for such a ratio (that is, much greater usage than one fifth) to reduce their usage. 4FrontMedia reserves the right not to renew the Business Anytime service should the usage remain in excess of the stipulated ratio (see below).

Business Anytime 128k: Internet access at a fixed monthly rate of £164.90 + VAT (24x7) and £93.90 + VAT for 07:00 to 19:00 including free calls for Internet access at times specified. 4FrontMedia will provide one modem and line for every one 'Buyer' on the service.
4FrontMedia reserves the right not to renew the Business Anytime service should the usage remain in excess of the ratio (see below).

Usage Policy: All 4Front Business Anytime solutions are subject to an allowable usage policy of 360 hours per month.