Relate SMS User Guide ~ Issue 2 ~ 2nd Edition ~ 20th August ’03 ~ 5538
SMS
SER
VICE
C
ONDITIONS
45
Conditions for Bizzyline (Direct) Ltd, Issue 1, 5 July 2001
7. LIMITATION OF LIABILITY
7.1 Bizzyline accepts unlimited liability for death or
personal injury resulting from its negligence and
paragraphs 7.2 and 7.3 do not apply to such liability.
7.2 Bizzyline is not liable to the Customer, either in
contract, tort (including negligence) or otherwise for
direct or indirect loss of profits, business or anticipated
savings, nor for any indirect or consequential loss or
damage or for any destruction of data.
7.3 Bizzyline’s liability to the Customer in contract, tort
(including negligence) or otherwise in relation to this
Contract is limited to £1,000 for any one incident or
series of related incidents and to £2,000 for all incidents
in any period of 12 months.
7.4 Bizzyline excludes all liability of any kind in respect of
any material which can be accessed using the Service
and is not responsible in any way for any goods
(including software) or services provided by third
parties advertised, sold or otherwise made available by
means of the Service.
7.5 Bizzyline is not liable to the Customer either in contract,
tort (including negligence) or otherwise for the acts or
omissions of other providers of telecommunications or
services or for faults in or failures of their equipment.
7.6 Each provision of this Contract, excluding or limiting
liability, operates separately. If any part is held by a
court to be unreasonable or inapplicable, the other
parts shall continue to apply.
Conditions for Bizzyline (Direct) Ltd, Issue 1, 5 July 2001
8. MATTERS BEYOND REASONABLE
CONTROL
If Bizzyline is unable to perform any obligation under this
Contract because of a matter beyond its reasonable control
such as lightning, flood, exceptionally severe weather, fire,
explosion, war, civil disorder, industrial disputes (whether
or not involving its employees), or acts of local or central
Government or other competent authorities, or events
beyond the reasonable control of its suppliers, it will have
no liability for that failure to perform.
9. TERMINATION OF THIS CONTRACT
BY NOTICE
Either party may terminate this Contract on 14 days’ notice
to the other, without prejudice to any rights that have
accrued before termination. Upon termination (for
whatever reason), Bizzyline may re-allocate any
information associated with the terminated Service.
Conditions for Bizzyline (Direct) Ltd, Issue 1, 5 July 2001 15
10. BREACHES OF THIS CONTRACT
10.1 Either party may terminate this Contract or the
provision of Service under it without notice if the
other:
(a) commits a material breach of this Contract, which
is capable of remedy, and fails to remedy the
breach within a reasonable time of a written notice
to do so;
(b) commits a material breach of this Contract which
cannot be remedied; or
(c) is repeatedly in breach of this Contract.
