Terms and Conditions

1. Definitions and Interpretation
Acceptable Use Policy or AUP means the instructions given by Parabolica Internet Ltd from time to time relating to use of the Service (on paper, on the Website, the Parabolica Internet Ltd Website or on such other website as may referred to);
Parabolica Internet Ltd means Parabolica Internet Ltd and its subsidiaries or any replacement
companies from time to time;
Parabolica Internet System means all equipment, Software and processes owned by Parabolica Internet Ltd or Third Parties that Parabolica Internet Ltd uses to deliver the Service
Parabolica Internet Ltd website means www.Parabolica-Internet.com or such other address as is notified to you from time to time. For the purposes of these Terms any website or web page referred to or accessed via link from the Parabolica Internet Ltd website shall be deemed incorporated into the Parabolica Internet Ltd website
Base Station means a point of access which connects your Equipment to the Internet.
Broadband Order Form means the Broadband Order Form or forms provided by Parabolica Internet Ltd in paper or world wide web format completed by the customer for provision `of the Service requirements and includes but is not limited to a Broadband Order Form, a site survey form and an installation survey form. The Broadband Order Form refers amongst others to the Service Charges payable by You;
Business Day means a day (other than a Saturday or Sunday) on which banks are open for general business in England and Wales.
Business Hours means 8:30AM – 5:30PM on Business Days.
Charges means any charges applied by Parabolica Internet Ltd to You in relation to the supply of the Service
Communication Service means any Service offering communications facilities designed to enable a person to communicate with others, including without limitation e-mail services, forums and communities;
Connection Charges means the charges payable for installation and connection of the Equipment and Services specified in the Broadband Order Form or as otherwise agreed in writing (and in either case whether referred to as “Connection Charges” or otherwise);
Equipment means the consumer premises equipment, as defined from time to time by Parabolica Internet Ltd installed on Site by Parabolica Internet Ltd for provision of the Service;
Equipment Cost means a cost applied by Parabolica Internet Ltd for the Equipment;
Extended Business Hours means 8:00AM – 8:00PM on Business Days.
Internet or simply the Net, is the publicly available worldwide system of interconnected computer networks that transmit data by packet switching using a standardised Internet Protocol (IP) and many other protocols. It is made
up of thousands of smaller commercial, academic, and government networks. It carries various information and services, such as electronic mail, online chat and the interlinked web pages and other documents of the World
Wide Web. Because this is by far the largest, most extensive internet (with a small i) in the world, it is simply called the Internet (with a capital I);
Minimum Period means a consecutive 12 months from the Service Commencement date or such other period as is advised to You by Parabolica Internet Ltd under any Supplemental Terms
Monthly Charges means the monthly amount payable by You to Parabolica Internet Ltd specified in the Broadband Order Form otherwise agreed in writing (and in either case whether referred to as “Monthly Charges” or
otherwise);
Order Confirmation means an instruction from Parabolica Internet Ltd by e-mail that Your Service application on the Broadband Order Form has been accepted and these Terms and Conditions apply;
Portal means the initial website reached when using the Service;
Service means Broadband Service as set out on the relevant Broadband Order Form;
Service Commencement Date means the earlier of the date Parabolica Internet Ltd notifies You that Service is Operational You commence using the Service or another date notified to You by Parabolica Internet Ltd under any
Supplemental Terms;
Service Installation Date means the date Parabolica Internet Ltd complete the Service installation at Your Site or another date notified to you by Parabolica Internet Ltd under any Supplemental Terms
Site means the location of the Service installation;
Software means the software supplied to You by Parabolica Internet Ltd in connection with the Service;
Supplemental Terms means such terms and conditions (if any) applicable (in addition to these Standard Terms and Conditions) to the provision by Parabolica Internet Ltd of a particular website (including without limitation
the use of such website and the ordering of goods or services from such website) contained in the Parabolica Internet Ltd Website or to a Service;
Third Party means a person other than Parabolica Internet Ltd or You;
Third Party Service means those services and facilities provided by a Third Party in conjunction with the Service;
User Documentation means such brochures, pamphlets and other documents, materials or information, if any, in relation to the Service and/or any Software as Parabolica Internet Ltd may publish from time to time either on paper or on the Parabolica Internet Ltd Website;
Wireless Broadband Service means Service provided to you by wireless means which can include but is not limited to Wi-Fi, WiMax, FWBA, satellite or any other wireless means;
1.1 In the event of any inconsistencies between the contents of these Standard Terms and Conditions, any Supplemental Terms, the Broadband Order Form and the AUP, the order of precedence shall (unless expressly stated to the contrary) be
(i) any Supplemental Terms;
(ii) the AUP
(iii) Parabolica Internet Ltd Service Terms and Conditions;
and
(iv) the Broadband Order Form.
2. Connection 2.1 The Service will be provided by means of Equipment that is connected by RJ45 Ethernet cable to your local network. The network termination point beyond which Parabolica Internet Ltd shall have no liability for the Equipment is the RJ45 Ethernet communications port on the Equipment.
2.2 Parabolica Internet Ltd owns the Equipment installed by Parabolica Internet Ltd on Site for provision of the Service until the end of the Minimum Period and title to the Equipment is passed under this Agreement after the Minimum Period. Parabolica Internet Ltd reserve the right to recover the Equipment following Termination of the Service before the end of the Minimum Period.
2.3 You must not use the connection to host or support a website. Where You are in breach of this Clause.
2.4 Parabolica Internet Ltd reserves the right at its absolute discretion to suspend or terminate provision of the Service and/or charge You in relation to such website.
3. Customer Apparatus
3.1 You agree that Your personal computers will be at least the minimum specification as notified to You by Parabolica Internet Ltd from time to time. Such notification may be given on paper, on the Parabolica Internet Ltd
Website or on such other website as may be referred to by Parabolica Internet Ltd.
3.2 You agree that prior to connection of the Service to the selected PC or Local Area Network (LAN) router hub
or other such LAN management device You shall:
3.2.1 complete a virus check; and
3.2.2 where applicable install a Network Interface Card (NIC) complete with drivers available for connection of the Service via an RJ45 Ethernet connector
3.3 You are responsible for obtaining all computer and other equipment or services necessary properly to use the Service.
4. Provision of Service
4.1 It is technically impractical to provide the Service free of faults and Parabolica Internet Ltd does not undertake to do so. Parabolica Internet Ltd will provide the Service with the reasonable skill and care of a competent telecommunications service provider. In the event of a fault in the Service, You should report it by telephone on the customer support number or email address as set out in the User Documentation or any other number as Parabolica Internet Ltd may from time to time notify to You. On receipt of a fault report, Parabolica Internet Ltd will use all reasonable endeavours either to advise You how to correct the fault or to rectify the fault in accordance with the User Documentation. You agree to supply Parabolica Internet Ltd with all necessary data to prove the existence of a fault and provide reasonable assistance to Parabolica Internet Ltd via phone or email during Extended Business Hours for the purpose of fault analyses and correction throughout the duration of the fault.
4.2 Due to the nature of the Internet Parabolica Internet Ltd does not warrant that Your use of the Service will be uninterrupted or that any messages or information transmitted via the Service will be transmitted, accurately,  reliably, in a timely manner or at all.
4.3 The access rate of the Service shall have been specified on the Broadband Order Form and You acknowledge that the rate specified may be reduced by contention with other Internet networks.
4.4 You acknowledge the following technical limits relating to the Service:
4.4.1 the requirement to position an antenna at Your Site with a clear view of the Base Station as defined by Parabolica Internet Ltd may mean that it is technically impracticable to provide the Service to You or, the requirement to position a satellite dish at Your Site with a clear view of the southern sky, if there is no such view or the dish is moved it will be technically impracticable to provide the Service to You;
4.4.2 the Service may affect the performance and/or speed of other telecommunications and other equipment
at the Site;
4.4.3 some technical limitations within the Parabolica Internet Ltd network may not become apparent for some
time after installation in which case the Service may need to be withdrawn; and
4.4.4 the access rate may be reduced by contention as referred to in Clause 4.3 above.
4.4.5 scheduled and un scheduled maintenance procedures may from time to time result in a loss of Service
Parabolica Internet Ltd will use all reasonable endeavours to notify You of such procedures prior to loss of
Service. You further acknowledge that the above does not form an exhaustive list of limitations and Parabolica Internet Ltd will use all reasonable endeavours to keep You notified of such limitations.
4.4.6 Parabolica Internet Ltd provides You with exactly one public IP address, allocated to the equipment and
made available using Network Address Translation (NAT).
4.5 Use of the Service enables You to access the Internet, Third Party Services and other materials.
Apart from any World Wide Web site controlled by Parabolica Internet Ltd, Parabolica Internet Ltd does not control
and is not responsible for the content of material obtained using the Service. You are responsible in all circumstances for determining the suitability, quality, legality or lawfulness of accessing, viewing or downloading any material from the Internet.
4.6 You will be required to select a User Name and Password during completion of the Broadband Order FormYou
are responsible for the maintenance and confidentiality of the User Name and Password. You shall notify Parabolica Internet Ltd immediately of any unauthorized use of the User Name and Password or any breach of security of which
You become aware.
4.7 Parabolica Internet Ltd reserves the right to suspend or terminate the Service in the event that You fail to
comply with the obligations under clause 4.6
4.8 Parabolica Internet Ltd reserves the right to change telephone access or code numbers or user names or
passwords or the specification of the Service for operational reasons.
5. Payment of Charges
5.1 All payments by You under clause 5 will be made by a payment method selected on Your completed Broadband Order Form. Any variation to this must be notified to Parabolica Internet Ltd at least 30 days in advance of any expected Charges being invoiced.
5.2 The Connection Charge shall be paid in advance of the Service Installation Date or such other date as Parabolica Internet Ltd shall notify You. On confirmation to Parabolica Internet Ltd that the Connection Charge has been cleared into an Parabolica Internet Ltd bank account Parabolica Internet Ltd will install the Service and establish the Service Commencement Date.
5.3 Monthly Charges shall be invoiced monthly in advance, the first amount being due and payable on the Service Commencement Date or such other date as Parabolica Internet Ltd shall notify You.
BroadbandTerms and Conditions
5.4 Any other Charges shall be invoiced as set out in the Price Guide or as otherwise agreed in writing.
5.5 In addition to the Charges You are liable for all charges incurred from or by a Third Party in connection or as a result of use of the Service.
5.6 You acknowledge that You may be subject to Parabolica Internet Ltd credit management procedures and that
Parabolica Internet Ltd may, at any time, require you to pay a deposit or provide a guarantee as security for payment of future bills.
5.7 If You don’t pay your due Charges within 28 calendar days will be notified by the Parabolica Internet Ltd with a
reminder. Parabolica Internet Ltd reserves the right to temporarily disable your service until You have paid the due
Charges.
5.8 Should You further fail to pay of the due charges, following the procedure set out in clause 5.7, Parabolica Internet Ltd reserves the right to terminate the service as per clause 6.4.
6. Termination
6.1 The Agreement can be terminated by Parabolica Internet Ltd giving one months notice or by You giving
one months notice after the Minimum Period.
6.2 If You cancel or without cause terminate the Agreement prior to expiry of the Minimum Period no refunds of any Charges paid in advance shall be made by Parabolica Internet Ltd. Furthermore Parabolica Internet Ltd shall invoice You and You shall pay Parabolica Internet Ltd:
6.2.1 any Charges due but unpaid at such date of cancellation or termination; and
6.2.2 an amount equal to the Monthly Charges payable for the Minimum Period less the amount of Monthly Charges already paid by You; and
6.2.3 any other cancellation or termination Charges referred to in the Price Guide or as otherwise agreed by the Parties in writing.
6.3 In the event of termination by Parabolica Internet Ltd or You prior to expiry of the Minimum Period Parabolica Internet Ltd will seek to recover the Equipment from Your Site, in the event that this is not possible or the Equipment is damaged or unusable Parabolica Internet Ltd reserves the right to invoice You a charge equal to the Equipment Cost with a maximum of a quarter of the total Service Charges for the Minimum Period.
6.4 Parabolica Internet Ltd reserves the right to terminate this Agreement forthwith by giving written notice if You fail to pay the Charges in accordance with this Agreement.
7. Trademarks and Logos
7.1 The images, logos and names on the Parabolica Internet Ltd Website which identify Parabolica Internet Ltd,
members of its Group, or Third Parties and their products and services are proprietary marks of Parabolica Internet Ltd, the relevant member of its Group and/or the relevant Third Parties. Nothing contained in the Parabolica Internet Ltd Website shall be deemed to confer on any person any licence or right from Parabolica Internet Ltd, the relevant member of its Group or any Third Party with respect to any such image, logo or name.
8. Use of the Service
8.1 You undertake not to use or permit anyone else to use the Service in breach of the Acceptable Use Policy.
8.2 Parabolica Internet Ltd may revise the AUP from time to time by posting the revised AUP on the Parabolica Internet Ltd Website whereupon You shall be bound by such revised AUP.
8.3 Parabolica Internet Ltd may at its discretion and without notice suspend and/or terminate the Agreement where the Service is used in breach of the terms of the Agreement, specifically but not limited to:
8.3.1 a breach of the AUP, or
8.3.2 a breach of Clauses 8.8 or 8.9, or
8.3.3 bankruptcy or insolvency proceedings brought against You, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of Your assets, or You go into liquidation
8.4 Parabolica Internet Ltd reserves the right to block access to and/or to edit, refuse or remove any material from
the Parabolica Internet Ltd System which in its reasonable opinion it determines may give rise to a breach of this
Agreement and/or the AUP. For the avoidance of doubt where Parabolica Internet Ltd has received a complaint
relating to any material published or transmitted via the Service Parabolica Internet Ltd shall be entitled (but not
obliged) to act as aforesaid without investigating the merits of such complaint.
8.5 Notwithstanding Clauses 8.3 and 8.4 above Parabolica Internet Ltd undertakes no obligation to monitor the
Service for such material or e-mails.
8.6 Title, ownership and intellectual property rights in and to the content accessed using the Service belong to the applicable content owner and may be protected by applicable copyright or other Law. The Agreement gives the Customer no rights to such content.
8.7 In relation to the Service You must not exceed any limits relating to the use of the bandwidth or capacity or the
connection of Customer Apparatus or any other limitation imposed on it as part of any package or promotion under which the Service is provided to You.
8.8 You acknowledge that the Service may be supplied on a shared server and that Your use of the Service
may be affected by the level of access by other users.
8.9 You undertake to use the Service and related hardware and software provided by Parabolica Internet Ltd in
accordance with Parabolica Internet Ltd instructions and standard operating guidelines and not to modify in any
way any components without the prior approval of Parabolica Internet Ltd; you further acknowledge that any
unapproved modifications resulting in Service failure shall be repaired at your expense.
8.10 The Service allows You to access the Internet. The Internet is separate from the Service and use of the
Internet is at your own risk and subject to any applicable laws. Parabolica Internet Ltd have no responsibility for
any goods, services, information, software, or other materials you obtain when using the Internet.
8.11 You will indemnify Parabolica Internet Ltd and any network suppliers it uses or interconnects with to provide the service against actual or potential claims or legal proceedings against Parabolica Internet Ltd or its network suppliers by a third party because of the use of the Service and/or the Equipment in breach of these terms and conditions. Parabolica Internet Ltd shall notify You of any such claims or proceedings and inform You regularly as to the progress of such claims and proceedings.
9. Supplemental Terms
9.1 Where the provision to use by You of the Service is governed by Supplemental Terms You agree to be bound by such Supplemental Terms and, subject to Clause 1.1, such Supplemental Terms shall be deemed to form part of the Agreement.
10. Compliance with Law
10.1 You must not, in violation of any law or regulation enforceable in the United Kingdom, post, publish, upload,
distribute, transmit, re-transmit or store material on or through any of Parabolica Internet Ltd’s systems, services
or products.
11. Disclaimer
11.1 Parabolica Internet Ltd does not control or endorse the content, views, messages or information found in any
Communication Service and, therefore, specifically disclaims any liability whatsoever with regard to the contents
or transmission of any Communication Service and any losses or damages whatsoever incurred by You as a result of the use thereof.
12. Limitation of Liability
12.1 Parabolica Internet Ltd excludes all liability for loss or damage to You or Your business due to unauthorised
access, breach of security or attack, via the Internet and/or the Service or otherwise to Your business systems, data, information or other materials. It is Your sole responsibility to protect yourself in such manner as You think fit from such unauthorised access, security breach or attack.
12.2 Parabolica Internet Ltd excludes all liability in relation to and does not warrant the accuracy, content, quality,
completeness, fitness for purpose or legality of any information or services accessed using the Service and/or the Portal. Parabolica Internet Ltd excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
12.3 You may enter into or seek to enter into transactions with Third Parties in relation to the sale, rental or provision of goods and services via the Service. Parabolica Internet Ltd will in no circumstances be a party to such transactions and will in no circumstances be liable whether in contract, tort (including liability for negligence), or otherwise for any loss, cost or damage incurred by You arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or distortion of any messages sent via the Service).
12.4 Parabolica Internet Ltd does not warrant the availability of the Portal and/or Third Party Services and shall have no liability whatsoever in relation to such availability or otherwise. The accessing and provision of information and Third Party Services via the Service shall be subject to such Third Parties’ terms and conditions if any. You shall be liable for compliance with those terms and conditions and Parabolica Internet Ltd shall have no liability whatsoever in relation to any Third Party Service.
12.5 The information, Software, products and services (and related graphics) included in or available through the Parabolica Internet Ltd Website and the Service may include inaccuracies or typographical errors . Changes to the Parabolica Internet Ltd Website and Service are made from time to time. Except as expressly set out in this Agreement, Parabolica Internet Ltd makes no representations and gives no warranties (including implied warranties, terms and conditions) whatsoever relating to the suitability, reliability, availability, accuracy, timeliness, satisfactory quality, fitness for a particular purpose, lack of viruses or other harmful components of the information, Software, products and Service (and related graphics) contained in or available via the Parabolica Internet Ltd Website or the Service.
12.6 Parabolica Internet Ltd shall have no liability whatsoever for any threatening, defamatory, obscene, offensive
or illegal content of a Third Party website or for the conduct of any Third Party or any infringement of a Third Party’s rights. Parabolica Internet Ltd shall have no liability whatsoever for any content sent using and/or included in the Parabolica Internet Ltd Website or the Service by any Third Party.
13. Agreement Acceptance
13.1 In relation to a particular Service the Agreement shall come into effect on the earlier of the dates:
13.1.1 Parabolica Internet Ltd accept your order for Service by returning to You an Order Confirmation; or
13.1.2 You start using the Service; or
13.1.3 the date the Service is available to You.
14. Variation
14.1 Parabolica Internet Ltd may give notice of variations to the Agreement by posting such variations on the Parabolica Internet Ltd Website which You must therefore check regularly.
14.2 If You give notice to Parabolica Internet Ltd under this Agreement this must be done by email to the Parabolica Internet Ltd email address shown on the appropriate User Documentation or an alternative address which Parabolica Internet Ltd may give you.
14.3 Parabolica Internet Ltd may at any time improve, modify or otherwise alter the Service in the event that:
14.3.1 Parabolica Internet Ltd’s suppliers’ services are altered so as to affect the provision by Parabolica Internet Ltd of the Service;
14.3.2 in Parabolica Internet Ltd’s reasonable opinion the Service should be altered for reasons of quality of service or otherwise for the benefit of Parabolica Internet Ltd customers as a whole;
14.3.3 technical or regulatory reasons so require.
15. Data Protection
15.1 For the sole purposes of performance of this Agreement and to perform its obligations under clause 5 Parabolica Internet Ltd may disclose data regarding Your Service to a Third Party in accordance with the Data Protection Act 1998.