Standard Terms and Conditions for Subscribers to Mediatel Connected
- In these terms and conditions "Mediatel" means Mediatel Limited, the "Client" means the client who wishes to receive the Service and "Service" means the Mediatel Connected UK Media Information Service consisting of online news and media information provided by Mediatel and the third parties together with certain proprietary software for data manipulation including any optional premium information services provided by Mediatel at the request of the Client from time to time.
- These terms and conditions and any operating rules published over the Service constitute the entire "Agreement".
- Upon notice in writing to the Client or published over the Service Mediatel may modify this Agreement or may discontinue or revise any or all aspects of the Service at its sole discretion and without prior notice.
- The Client is responsible for and must provide all telephone, computer and other equipment and software necessary to access the Service and Mediatel can accept no responsibility for the performance and operation of such equipment and software which shall be the sole responsibility of the Client and shall not affect the Client's liability to pay for the Service.
- Where the Client uses any worldwide web browser or other software to access the Service the Client shall ensure that it is properly licensed to use such software and agrees to indemnify Mediatel against any liability for any and all use by the Client of such software.
- The fees for the Service shall be based on and calculated in accordance with the rates from time to time published by Mediatel and notified to the Client.
- Fees for access to the Service shall normally be invoiced by Mediatel annually in advance unless a quarterly payment has been agreed and are due within 30 days from the date of invoice. Value Added Tax shall be added to all fees at the rate applicable and shall be payable by the Client.
- The fees payable for access to the Service may be subject to periodic adjustment by Mediatel and any such adjustment shall be notified by Mediatel to the Client in writing on not less than 90 days notice.
- If any payment due hereunder is not made by the Client with 30 days after the date of invoice, Mediatel shall be entitled to charge interest in addition at a rate of 1½% per month, from the date payment was due until the date payment is received.
- THE CLIENT EXPRESSLY AGREES THAT THE USE OF THE SERVICE, WHICH INCLUDES THE CONTENTS THEREOF, AND ANY STORAGE OR USE OF INFORMATION IS AT THE CLIENT'S SOLE RISK. NEITHER MEDIATEL NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES MEDIATEL OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE, SAVE AS EXPRESSLY IMPLIED BY LAW AND INCAPABLE OF EXCLUSION. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. MEDIATEL SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR INABILITY TO USE THE SERVICE AND IN ANY CIRCUMSTANCES MEDIATEL'S LIABILITY SHALL NOT EXCEED IN AGGREGATE OF THE AMOUNT OF THE FEES CHARGED TO AND PAID BY THE CLIENT FOR THE SERVICE.
- Nothing in this Agreement shall be construed as preventing or restricting Mediatel from supplying the Service to persons other than the Client.
- Copyright and all data provided to the Client in the course of the Service shall, at all times, belong to Mediatel or the third party providing such information to Mediatel and the Client acknowledges that it may not re-produce, re-distribute, re-transmit, publish or otherwise transfer or commercially exploit such information which they receive through the Service without Mediatel's express written permission.
- Any interruption, failure or delay in the provision of the Service, as a result of circumstances beyond the reasonable control of Mediatel shall not constitute a breach of this Agreement.
- This Agreement contains the full understanding of the parties with respect to the subject matter hereof. Notwithstanding any acknowledgement of a Client purchase order by Mediatel any provision or condition in any purchase order or other document received from the Client which is inconsistent with a provision of this Agreement shall be void and the parties agreed that these terms and conditions shall prevail. No course of conduct between the parties shall act to modify the provisions of this Agreement.
- The Client shall not be entitled to assign this Agreement nor any of its rights or obligations hereunder, nor sub-licence the use of the Service without the prior consent of Mediatel.
- This Agreement shall be binding upon and for the benefit of the successors in title of the parties hereto.
- If any provision of this Agreement should be found by any Courts or other body of competent jurisdiction to be invalid or unenforceable the invalidity or enforceability of such provisions shall not affect the other provisions and all provisions not affected shall remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.
The Service may be terminated either:
(a) by the Client giving Mediatel not less than 3 months written notice taking effect at any time on or after the expiry of the first anniversary of the commencement of the Service.
(b) forthwith by Mediatel if the client fails to pay any sums owing to Mediatel within 30 days of the due date therefor
(c) forthwith by either party if the other commits any material breach of these terms and conditions which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same
(d) forthwith by either party if the other becomes insolvent or makes any composition or arrangement with its creditors.
- The Client shall, at all times, ensure that any password and/or access code required to access the Service shall not be publicly disclosed and shall immediately notify Mediatel if the client becomes aware that unauthorised disclosure has taken place.
- Any notice required to be served under these terms and conditions shall be served in writing to the last notified address of the relevant party.
- This Agreement shall be governed by and construed in accordance with English law and the Client agrees to submit to the exclusive jurisdiction of the English courts.