2.1 The Company shall, subject to the terms and conditions of this Agreement, provide the Service following The Company’s acceptance of a duly completed and signed application made to The Company by The Customer on the form provided by The Company.
2.2 The Company agrees to maintain the Installation in good working order, but shall not be liable for any loss or damage sustained or suffered by reason of, or in connection with:-
(a) Any failure or delay in providing Service, apparatus or equipment;
(b) Any total or partial interruption of the Service, or failure, suspension or restriction thereof;
(c) Any delay or failure in the Installation or fault in communications by way of the Service provided;
(d) Any error or omission in any directory or other document relating to such Service;
and The Customer shall not be entitled to any refund in respect of any such failure, delay or interruption.
2.3 The Company, on provision of fourteen days’ notice to The Customer, may alter or vary the telephone number allocated to The Customer and/or, without giving notice and shall not be liable for any loss or damage caused to The Customer by reason of any such variation or alteration.
2.4 The Customer shall not, without the written consent of The Company, alter, vary, add to, attach to, or permit to be altered, varied, added to or attached to, any type of device to the Installation. The Customer shall pay for any such alteration, variation, addition or attachment that the Customer requests The Company to make.
2.5 The Company reserves the right on provision of reasonable notice to temporarily or permanently (until further notice) suspend the Service to enable repairs, maintenance or improvements to the Company’s telecommunication systems, or at the request of the Crown or any of the essential services in the interest of the general public.
3. TERMS OF SERVICE

The Customer must give 1 month’s notice in writing to The Company to cancel The Agreement and Service at any time. However The Company will charge The Customer any costs incurred in carrying out the termination of the Service, removing the Installation owned by The Company and if early termination of a service agreement is requested any rental due from the remaining initial period.
4. THE CUSTOMER’S RESPONSIBILITIES

4.1 The Customer shall pay on demand all rentals, fees and all other charges for Service associated with the Customer’s line, including any increase in charges, fees, rentals or other rates where applicable and notified in writing from time to time to the Customer by the Company.
4.2 The Customer shall ensure that the Installation and Service shall be used for the purpose for which it was supplied and shall be responsible for any loss, destruction or damage (save that The Customer shall not be responsible for fair wear and tear) caused by reason of The Customer’s abuse of that Installation.
The Customer shall pay The Company’s charges for replacement and/or repair if any replacement and/or repairs are required due to The Customer’s abuse or failure as above.
4.3 The Customer shall permit at all reasonable times, access by The Company’s employees, servants or agents to the Customer’s premises where the Installation has been installed for the purpose of carrying out any examination, alterations, variations, additions, repairs, replacements, maintenance or recovery.
4.4 The Customer should report any fault as soon as possible to The Company and The Company shall be responsible for correcting the fault in reasonable time after the fault has been reported.
4.5 The Customer may be charged for costs incurred by The Company should The Company be called to correct a reported fault, if it is subsequently found by The Company that no fault exists with the Company’s Service.
4.6 The Customer shall on termination of The Agreement surrender to the Company the complete Installation in good condition, fair wear and tear excepted.
4.7 The Customer acknowledges that the Installation owned by The Company shall at all times remain the sole property of The Company, and at The Customer’s sole expense protect and defend The Company’s title to the Installation against any third party claiming against or through The Customer and give immediate written notice to The Company of any claim or anticipated claim which may attach to the Installation.
4.8 The Customer shall provide a suitable supply of mains electricity free of charge to the Company to the points and such earthed connections as The Company may from time to time require at the premises where the Service is provided. The supply will not exceed 240 volts AC and at a nominal frequency of 50 hertz.
If The Company is required to make any form of alteration to the Installation to prevent damage or interference to the same by any electric line or plant erected subsequent to the Installation being installed on The Customer’s premises, then The Customer shall pay any costs incurred by The Company in making any such alterations.

5. PURCHASE OF EQUIPMENT

5.1 Where The Customer provides any telephone or other terminal equipment other than by rental from The Company, The Company shall not be liable to maintain such telephone or other terminal equipment, unless The Customer has specifically requested The Company to maintain the said telephone or other terminal equipment and The Company has agreed to effect such maintenance and, subject to sub-clause 4.2 an agreement has been entered into by The Customer and The Company.
5.2 Where the Customer purchases a telephone or other terminal equipment from The Company, The Company shall not be liable to maintain such telephone or other terminal equipment unless The Customer has accepted The Company’s offer of maintenance at the time of application for Service and subject to sub-clause 4.2.
5.3 The Company shall, where liable to maintain any telephone or other terminal equipment, and where The Company considers that the necessary spare parts and service data are available maintain the aforesaid (in the case of any telephone or other terminal equipment purchased from The Company) from the date of purchase or (in the case of any telephone or other terminal equipment purchased other than from The Company) from the date installation is completed, if the same become unserviceable or inoperative due to fair wear and tear, the Customer shall pay The Company’s reasonable charges incurred in respect of any maintenance as notified to The Customer from time to time.
6. CLAIMS, LIABILITY AND INDEMNITIES

6.1 The Company shall not be liable to The Customer or to any other person or body (corporate or not) for any loss, damage, injury or death to any property or person caused by the Installation or other terminal equipment owned by The Company or the Service or any electrical potential, explosion or fire which is attributable directly or indirectly to the Installation or any other terminal equipment or by the performance by The Company of its obligations under this Agreement save in so far as such loss, damage, injury or death is caused by negligence of The Company, its servants, agents or employees.
6.2 The Company will be responsible for any loss, damage, injury or death caused by or contributed to by the negligence or wilful misconduct of The Company, its employees, servants or agents provided that:-
(a) The aggregate liability of The Company in respect of such loss, damage or injury shall not exceed Falkland pounds £1,000,000.
(b) The Company will not be liable for any indirect or consequential losses (whether pecuniary or otherwise).
6.3 The Customer shall indemnify The Company against any actions, proceedings, claims or demands in any way connected with the Agreement brought or threatened against The Company by a third party except to the extent that The Company is liable to The Customer under sub-clauses 6.1 and 6.2 above.
7. DEFAULT

7.1 If The Customer shall fail to pay any rental, subscription, fees or charges payable within seven days of the date on which the fees, subscription, charges or rental becomes due or fails to observe and perform any of the Terms and Conditions of The Agreement then The Company may, by giving notice in writing to that effect, temporarily or permanently cease to provide the Service and terminate The Agreement and any obligation or liability of The Company under The Agreement shall be suspended and unenforceable. The Company shall, however, be entitled to payment of any outstanding monies due to it under the terms of The Agreement plus any fees for subsequent reconnection of the Service as may be in force at the time. Refer to the General Information section “Payment For Services” for details on payment terms.
7.2 The Company shall not be deemed to have waived any breach or default of The Agreement by reason of any delay, forbearance or indulgence on the part of The Company to issue any notice to The Customer demanding payment or notifying The Customer of The Company’s intention to cease providing the Service, or enforcing any of The Company’s rights or remedies under The Agreement.
8. ASSIGNMENT

The Agreement shall not be transferable by The Customer to any other party except with the prior written consent of The Company.
9. USE

The Customer shall not use or permit any person to use abusive or improper language via the Installation, nor send or permit to be sent any message or communication which is blasphemous, abusive, offensive, menacing, indecent, obscene or defamatory or designed to cause annoyance, distress, fear or anxiety to any recipient.
10. TERMINATION

Notwithstanding anything else contained within these conditions, The Agreement may be terminated:-
(a) by The Company forthwith by notice in writing to The Customer if The Customer being an incorporated Company shall have a receiver or liquidator appointed or shall pass a resolution for winding up or a court shall make an order to that effect or being a partnership shall be dissolved or being an individual shall be subject to bankruptcy procedures or to The Customer’s Executors or The Customer (whether an incorporated Company or not) shall enter into any composition or arrangement with The Customer’s creditors, or
(b) by The Company forthwith in writing in the event of any licensed franchise or permission which The Company may require in order to provide a telecommunications service being refused amended or withdrawn.