These terms and conditions apply to Mega-Internet customers who subscribe to a Mega-Internet wireless access product. Mega-Internet Agreement ( "Agreement") is a legal document, with important information about your rights and responsibilities as a Mega-Internet wireless user. By ticking the Terms and conditions check box ?, you enter into a contract with Mega-Internet Technology UK ("Mega-Internet ", "we" or "us"). Because protecting your privacy is important, we would first like you to have a clear understanding of how you agree that your personal data will be used by ticking the Terms and conditions check box ? on the Registration or previous page.
1. Personal Data.
Personal Data means data that identifies you or your Mega-Internet account, including identity and billing information. Your account (including any sub accounts) is personal to you. We will process your personal data in accordance with this Agreement, as further explained in our Privacy Policy. Mega-Internet controls the personal data you provide to us when you register for Mega-Internet wireless access and in the course of your use of the Mega-Internet Wireless Service, and takes responsibility for the processing, disclosure and use of that data, even if it is done by a third party on our behalf.
Your personal data will be collected, processed stored and used by us, and passed to and processed by our subsidiary and/or affiliated companies (together " Mega-Internet Group Companies") and other data processors acting under our control, to provide, promote and bill for the Mega-Internet Service, to provide customer support, and for other purposes described here and in our Privacy Policy.
The Mega-Internet Service is global, and many of the computers and companies that process data on our behalf are based in the UK and other countries outside the European Union ("EU"). Thus, your personal data (which may include data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union Use, or concerning health or sex life) may be transferred to, processed and held both inside and outside the EU. Countries outside the EU may not have as well developed data protection laws in place to protect your information as those inside the EU, but we will ensure your personal data is treated in compliance with those laws, this Agreement and our Privacy Policy. Details of companies and countries processing your data will be provided on request, by writing to the postal address for Personal Data Enquiries in Clause 11 below.
We encourage you to tell us what your marketing preferences are for your personal data. Unless and until you "opt-out", your name and contact details may be (a) used by Mega-Internet Group Companies, such as Mega-Internet Technology (UK) Limited, until your Mega-Internet Use ceases, and (b) passed to selected third party suppliers of goods and services and advertisers until 6 months after you cease to be a Mega-Internet User, for marketing goods and services to you. You will be able to notify us of your preferences using tolols on our portal in due course.
To help improve our service, Mega-Internet Wireless Group Companies and our authorised data processors may assemble anonymous, aggregated data relating to the popularity and usage of various services offered through the Mega-Internet Wireless Service. You consent to this. We use demographic data to better understand our users.
We may hold personal data relating to the transactions you enter into with us or others through the Mega-Internet Wireless Service, such as online merchants. We will disclose this data to a party to the transaction, but only to facilitate your transaction. Mega-Internet Wireless Group Companies may also use this data to let you know about products and services that may be of interest, unless you tell us otherwise.
We also use cookies - small files of text data which may be automatically stored on your computer's hard drive when your Web browser accesses certain Web pages. Cookies enable us to provide a better service to you. More information about how we (and third parties) use cookies and analogous technologies (and how to opt out of receiving them) will be provided from our portal or may be requested by e-mail to info@mega-internet.com. When you call our Customer Service department, we may monitor or record your calls and store details of the phone number(s) you use to make the call. This information is used only to track reported problems, and to better address your customer service needs.
We will retain your personal data only as long as is necessary for the purposes to which you consent under this Agreement, or as is required by applicable law, and then we will delete it. We may retain your Billing Account's credit card number, but only in an anonymised form which does not identify the Billing Account holder, for an unlimited period after the cancellation of your Use for fraud prevention purposes.
Your personal data may be disclosed if we or an entity processing your data on our behalf are compelled to do so by law, or receive a valid, legally-compliant request by a law enforcement or governmental authority. If you provide us with Billing Account details of a third party, we may disclose your name and address, and data relating to payments made under that Billing Account to them. Nominated additional Master Account Holders, may access and be able to modify any or all of the personal data relating to your account.
2. Some Basics of your Mega-Internet Wireless use.
Mega-Internet Wireless's Privacy Policy and Community Guidelines reflect Mega-Internet Wireless's current policies and further explain this Agreement: they may be found on our portal in due course or on request via e-mail. It may be necessary for Mega-Internet Wireless to change this Agreement from time to time. We will provide you with notice at least thirty days in advance of such changes taking effect. We may give you notice under this Agreement by email to your registered e-mail account, by post to the address you give us on registration, or by other on-screen notification. If you don't agree to the changes proposed, or to any of the terms in this Agreement, your only remedy is to cancel your Mega-Internet Wireless Use in accordance with Clause 6 below. By remaining as a user of the Mega-Internet Wireless Service or continuing to use the Mega-Internet Wireless Service, you will have accepted the relevant changes.
This Agreement, the terms governing your Mega-Internet Wireless Service price plan and any applicable free trial are together intended to contain your entire agreement with us. Other terms and conditions may govern your use of other Mega-Internet Wireless services or products (including Mega-Internet Wireless Broadband services) or third-party software and/or services. To be a Mega-Internet Wireless user, you must be at least 18. You may permit persons under 18 to use your account, but you remain responsible for that use. You must provide us with accurate information on registering for Mega-Internet Wireless, and keep it up to date usig tools that will be available on our portal.
On completing registration, you become a "master account" holder. Mega-Internet Wireless provides you with a licence during your Use to use the available user name selected for your master account, and any additional "sub-accounts". Your user names are your online identity.
You are liable for, and your account may be cancelled as a result of, any use by you or others of your account (including any sub-accounts) which breaches this Agreement. If warnings of breach are received by sub-accounts, the master account will also receive notification. Because you are responsible for all use of your account, you should supervise the use of your account by others.
Keep your password secret. Mega-Internet Wireless will never ask you for it. If we reasonably believe that your password is no longer secret, or your account is being used by an unauthorised person, then we may suspend access pending resolution of the issue, and may require you to provide us with such proof of identity as we may, in our discretion, require.
3. Charges, billing and trial periods.
You will be charged for the Mega-Internet Wireless Service according to the current price plan. For current price plans see the Broadband page on our website. Our charges are to be paid on the monthly billing date we allocate to you - you can see your Billing Date in future from the portal, however this will be provided via e-mail upon request. You may pay using a credit card or another payment method which Mega-Internet Wireless may offer.
You authorize Mega-Internet Wireless to debit that Account (as updated by the provider of that Account) for charges incurred using the Mega-Internet Wireless Service. Where you provide Account information of a third party, you confirm that you have permission to do so, but you will remain liable for all charges incurred through your account.
You must pay your account balances on time. We will give you 30 days from your Billing Date, which is when charges become due, to pay your bill. If you fail to pay by this date, Mega-Internet Wireless may charge interest, calculated daily, equalling the then-current annual base lending rate of NatWest Bank plus 2%, on all such outstanding charges. If we do not receive payment within the above 30 day period, you will pay all outstanding charges on demand. Failure to comply may result in your account being terminated or suspended and Mega-Internet Wireless may take appropriate action to recover such moneys. If you cancel your Use, you must pay immediately any outstanding balances.
You may incur call charges when you call Mega-Internet Wireless Customer Services.
We may change our charges or billing methods at any time and will provide notice of any such change at least thirty days prior to the Billing Date when the change is to take effect. If you don't agree to the changes, your only remedy is to cancel your Use in accordance with Clause 6 below. If you join Mega-Internet Wireless as a trial user, trial time must be used in accordance with the terms notified to you on the relevant trial pack or (if different) during your online registration. To avoid being charged a user fee you must cancel your account prior to the end of any applicable free trial period. You are responsible for all charges incurred through your account, whether by you or anyone else. Because we give out free trial offers, we may limit you to just one free trial.
You may grant "master account privileges" to one or more of your sub-accounts, who will thereby have full access to your account but your responsibilities under this Agreement remain. We recommend that you do not grant additional master account privileges to a third party. We may disclose master account holder name and address information, and details of activity on an account to the holder of the Billing Account through which charges for your Mega-Internet Wireless account are paid. We may require such information as we consider reasonable to verify a master account holder's or Billing Account owner's identity.
There may be extra charges to access or use certain content provided by Mega-Internet Wireless or third parties on the Mega-Internet Wireless Service. Mega-Internet Wireless will provide notice of any extra charge made by Mega-Internet Wireless before such extra charges are incurred. You are responsible for any of these charges incurred using your account (including sub-accounts), even during any free trial of the Mega-Internet Wireless Service. Certain platforms and methods of access to the Mega-Internet Wireless Service may be subject to third party charges. Any obligations you incur in your dealings with third parties are your responsibility and any charges you incur will be additional to the charges payable to Mega-Internet Wireless under your price plan.
We may provide you with offers of further services or goods, sometimes in conjunction with selected suppliers, which allow you to make a purchase without re-entering your Billing Account details; you agree that your Billing Account may be debited accordingly. You will be given the opportunity to agree to this course in each instance. By doing so, you undertake that you are authorised to use and debit the Billing Account in question.
You must inform us of any billing problems or discrepancies within 180 days after they first appear on your bill - you can view your bill at Keyword: Billing. Otherwise, you agree that you waive your right to dispute such problems. We may restrict or prevent users' access to services provided by us or Mega-Internet Wireless Group Companies if charges have not been paid to us by the due date or have been charged back to Mega-Internet Wireless. You agree we may collect all sums due before your Mega-Internet Wireless use is cancelled.
4. Online Conduct And Content Content.
By content, we mean text, software, communications, images, sounds and other information. In general, Mega-Internet Wireless does not pre-screen content available on or through the Mega-Internet Wireless Service, although Mega-Internet Wireless may apply automatic filters to eliminate certain objectionable terms in specific areas of the Mega-Internet Wireless Service. Mega-Internet Wireless is not responsible for content, services or goods that are provided by third parties through the Mega-Internet Wireless Service or the internet. Mega-Internet Wireless reserves the right to remove or block access to content on the Mega-Internet Wireless Service containing unlawful or other harmful content or which is otherwise injurious to Mega-Internet Wireless or its users, but Mega-Internet Wireless is not responsible for any failure or delay in removing such material.
Your account must be used only for lawful purposes and in a manner which does not in our reasonable opinion infringe the law or the legal rights (e.g. copyright, privacy or reputation) of any person or entity. If anyone using your Mega-Internet Wireless account breaches these principles, we may take action against you or your account, ranging from a warning about the breach to cancellation of your Mega-Internet Wireless account.
We may cancel your Use immediately without notice where there are serious grounds for doing so, such as where you have breached this Agreement and your breach is in our reasonable discretion, especially serious - for example where applicable laws or third party rights have been breached, or your conduct has adversely affected someone's (including our) interests. Non-exhaustive examples include (i) unlawful behaviour; (ii) the sending of spam or viruses; (iii) behaviour which affects our ability to provide Mega-Internet Wireless; (iv) failure to pay charges in accordance with this Agreement. Alternatively we may suspend your use or issue a warning to you instead of cancelling your use immediately for example, in situations of (i) less serious breaches of our Agreement; or (ii) online behaviour which causes annoyance, but which is not (in our opinion) serious or intentional. For any subsequent breach, we may cancel your use immediately. If your Mega-Internet Wireless use is cancelled for breach, you may be required to provide certain undertakings before we permit you to rejoin Mega-Internet Wireless.
Email. Your account must not be used to send unsolicited bulk email ("junk" email or "spam"), nor may you use any area of Mega-Internet Wireless to collect information, including screen names, about Mega-Internet Wireless users for unsolicited communications. For information and instructions on how to report Spam, e-mail to info@mega-interne.com. Mega-Internet Wireless may take any reasonable measures to prevent spam from entering, utilizing or remaining within our systems - these may inhibit or block access to email which is not unsolicited bulk email. We also employ technology such as virus-screening to protect our systems which may result in the deletion or alteration of email attachments.
We do not guarantee transmission or receipt of email. We may delete email from our computers following delivery or where email remains unread following the elapsing of a reasonable period of time. The storage capacity and bandwidth we provide for the Mega-Internet Wireless Service is not and cannot be infinite. Therefore we may apply capacity-based limitations, such as a maximum number of emails that may be sent or received by an Mega-Internet Wireless account, maximum storage space for your data on our computers, or other bandwidth limitations. For more information e-mail to info@mega-internet.com.
Proprietary Rights. The content available on or through the Mega-Internet Wireless Service is owned by Mega-Internet Wireless or its licensors, and is protected by copyright, trademark, database and other intellectual property rights. Content that you upload, download, transmit or receive while using the Mega-Internet Wireless Service must be authorised; this means you must have the legal right to do so. You must not copy, transmit, modify, distribute, make available to the public or create any derivative works from any of the content you find on the Mega-Internet Wireless Service or which Mega-Internet Wireless supplies to you, unless you have the legal right to. You must not transmit or receive content, except where such activity is lawful. By submitting content to public areas of Mega-Internet Wireless (such as message boards and chat rooms) you represent that you have permission to do so. And in doing so, you grant Mega-Internet Wireless Group Companies a licence to use, reproduce, modify, distribute, show in public and create derivative works from that content in any form, anywhere, and waive all moral rights (namely, the right to be identified as the author, and the right to integrity, of the content) and undertake that all such moral rights have been waived in respect of the content. You also grant other users the right to use such content for personal, non-commercial purposes.
5. Warranty and Liability
Your use of the Mega-Internet Wireless Service and the Internet is at your, and others who use your account's, sole risk. The Mega-Internet Wireless Service, products, third-party virus checking technology, and any other third party software or content which may be bundled with Mega-Internet Wireless Portal and the Internet are provided "as is" and "as available" for your use, without warranties of any kind. Mega-Internet Wireless will, however, use reasonable skill and care to provide and maintain the availability of the Mega-Internet Wireless Service. We do not warrant that the Mega-Internet Wireless will interoperate with any software or device in a way which is satisfactory.
Mega-Internet Wireless provides the Mega-Internet Wireless Service on a commercially reasonable basis and expressly excludes any warranty, representation or undertaking that you will be able to access or use the Mega-Internet Wireless Service at times or locations of your choosing, that you are in a serviced area or that Mega-Internet Wireless will have adequate capacity for the Mega-Internet Wireless Service as a whole, for any specific product, service or content, or in any specific geographic area. Due to the nature of interactive services, Mega-Internet Wireless depends upon third parties over which it may have little or no control for the delivery of the Mega-Internet Wireless Service (for example, to deliver emails sent to and from Internet addresses).
Mega-Internet Wireless is not liable for deletion, corruption or failure to store any email messages or other content on the Mega-Internet Wireless Service. Mega-Internet Wireless does not warrant that any software or content available through the Mega-Internet Wireless Service (other than the Mega-Internet Wireless Software itself) will be free from any virus, worm, Trojan horse or other program or device that is apparently intended to access and modify, delete or damage data file(s) or computer program(s). The Mega-Internet Wireless Service is a consumer service and is not designed to be used by users in connection with the conduct of their, or their employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.
Mega-Internet Wireless shall not be liable for any loss not reasonably foreseeable by Mega-Internet Wireless when this Agreement commences, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of the Mega-Internet Wireless Service, the internet or for any other claim related in any way to your Mega-Internet Wireless use. Mega-Internet Wireless does not endorse, warrant or guarantee any product or service offered through the Mega-Internet Wireless Service by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under this Agreement caused by matters beyond our reasonable control.
Without limiting the above paragraph (and except for Mega-Internet Wireless's liability for death or personal injury caused by its negligence, for which Mega-Internet Wireless's liability shall be unlimited), the liability of Mega-Internet Wireless under or in connection with this Agreement or your use of the Mega-Internet Wireless Service (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) the charges owed to Mega-Internet Wireless by you during the use period preceding the time liability arises, or (b) £1,000, regardless of the cause or form of action. Your statutory rights are unaffected.
6. Indemnification
You agree to defend and indemnify harmless Mega-Internet Wireless and Mega-Internet Wireless Group Companies against all liabilities, claims and expenses, including reasonable legal fees, that arise from any infringement of third party intellectual property or other rights resulting from any breach of this Agreement for which you are responsible. Mega-Internet Wireless reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by a user. In that event, the user shall have no further obligation to provide indemnification for Mega-Internet Wireless in that matter.
7. Cancellation
Your use runs for successive periods of (a) one month where you have entered into a price plan charged on an monthly basis (a "monthly plan"), each beginning on your initial Billing Date, unless and until your use is cancelled by you or us. Accordingly, your Billing Date will recur on the same date of each month, unless otherwise agreed.
Cancellation by you. You can cancel your Use at any time by notifying us by telephone call to 01908606453 , by email sent from your registration account to info@mega-interet.com or by letter to Cancellations Department, Mega-Internet Technology Ltd, 8 Tolcarne Avenue Fishermead, Milton Keynes, MK6 2BU. Cancellation notice given by you will be processed within 72 hours of receipt. Written confirmation of cancellation will be provided on request. To process your request promptly you must provide us with the information User name and registered e-mail address. Cancellation will become effective on the Billing Date after your cancellation notice is processed, or as may agreed by us when cance lling your use. On cancellation, you will not be entitled to any refund of charges or other compensation, except where (i) we change the terms of this Agreement or charges payable by you under it, and (ii) such changes become effective prior to the end of your current billing period, and (iii) you notify us during the thirty day period following our notice to you of the change that you are cancelling your use, in which event you may be entitled to a refund of charges you have paid relating to the period between (a) the date such change is implemented and (b) your next applicable Billing Date.
Cancellation by us. In addition to our rights to cancel your use, we can cancel your use at any time in our complete discretion by thirty days' notice to you. You will not be entitled to any refund of charges or other compensation, except that you will be entitled to a refund of charges you have paid in advance relating to the period between (a) the date the cancellation takes effect, and (b) your next applicable Billing Date except where (i) our notice to you properly specifies one or more material breaches of this Agreement for which you are responsible, or (ii) any material breach of this Agreement for which you are responsible is committed prior to the cancellation of your use. Each such refund will be calculated and pro rated on a daily basis. No other form of refund, such as online time or other credits will be credited to you or converted to cash or other form of reimbursement.
8. Disputes
If you have a comment or complaint about the Mega-Internet Wireless Service, please telephone us using the Customer Service telephone number referred to in Clause 11. We will attempt to resolve your concerns promptly. If we are unable to resolve your complaint by telephone, please write, including any supporting materials, to the Customer Service postal address in Clause 8. We will look into your complaint and respond to you once it has been fully investigated. If your complaint is still unresolved to your satisfaction having received a response from the Customer Service Team, you may refer it to the UK Internet Service Provider's Association - more information about this organisation and its complaints procedure is available at http://www.ispa.org.uk.
9. Law and legal notices
(i) Saving the Agreement. Mega-Internet Wireless doesn't separately file the individual Agreements entered into by its users. You can access it on our website registration page. We recommend you print and/or save a downloaded copy on your own computer.
(ii) Code of Conduct. Mega-Internet Wireless are subscribes to the UK Internet Service Providers Association code of conduct. You may find out more information about this organization and its code of conduct at http://www.ispa.org.uk.
(iii) No Cooling-Off Period When you successfully complete your registration as a user, the Mega-Internet Wireless Service is promptly made available for your use. In this situation you do not have the right to cancel this Agreement during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000. However, this does not affect your ability to cancel your use in accordance with Clause 6 above.
(iv) Effective Dates of Notices Emailed notice will have been given upon the date of its delivery. Postal notice will have been given two working days (meaning Mondays to Fridays, with UK bank holidays excluded) following dispatch by first class post. Notice of Use cancellation may require up to 72 hours to be processed by us.
(v) Third Parties You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement, whether under the Contracts (Rights Of Third Parties) Act 1999 or otherwise. (vi) Severance The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.
(vii) Governing Law and Jurisdiction The contract between you and us comprised in this Agreement is entered into in Milton Keynes. The laws of the England and Wales govern this Agreement and your use. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of this Agreement or any use of the Mega-Internet Wireless Service. (viii) No Waiver If you or we fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.
(ix) Assignment We are entitled to transfer, assign or subcontract any or all of our rights and obligations under this Agreement without your consent to a third party which is to provide the Mega-Internet Wireless Service (or part thereof) by giving you notice in accordance with this Agreement. You may not assign or otherwise transfer this Agreement to a third party.
10. Contact Details
(i) General Enquiries: If you have questions about the Agreement, or about your rights and responsibilities as an Mega-Internet Wireless user, please contact us by email at info@mega-internet.com
(ii) Personal Data Enquiries: To inspect, change or correct your identity and contact information, you may use tools on our future portal or send a request via e-mail. To find out how you can inspect or correct other personal data please contact Customer Services on 01908606453. If you have other questions about the handling or protection of your personal data, all written enquiries should be addressed to Data Protection, Mega-Internet Wireless Customer Services, Mega-Internet Technology Ltd, 8 Tolcarne Avenue, Fishermead, Milton Keynes, MK6 2BU, UK or via email at info@mega-internet.com
(iii) Customer Service: contact the Mega-Internet Wireless Customer Services Department by telephone at 01908606453, email sent from your registered account to info@mega-internet.com or letter to Mega-Internet Technology Ltd, 8 Tolcarne Avenue, Fishermead, Milton Keynes, MK6 2BU, UK marked for the attention of Customer Services. For enquiries relating to cancelling your Use, contact Mega-Internet Wireless's Customer Service Department by telephone at 01908606453, or by using the other methods set out in Clause 6 above. The Mega-Internet Wireless Service is provided by Mega-Internet Technology registered in Milton Keynes under number 5999259, with a corporate address at 8 Tolcarne Avenue, Fishermead, Milton Keynes. Please use the dedicated contact details specified above to ensure prompt processing of your requests.
It is important that you read the following terms and conditions before registration for Mega-Internet Wireless Broadband with Mega-Internet Technology, the provider of the service. In particular, you need to read the sections dealing with the following important points:
· Your legal right to cancel: You have a legal right to cancel your order for Mega-Internet Wireless Broadband - see section 7 of this Mega-Internet Wireless Broadband Agreement for details on how to do this.
Mega-Internet Wireless Broadband Agreement
This Mega-Internet Wireless Broadband Agreement details your rights and responsibilities as an Mega-Internet Wireless User using Mega-Internet Wireless Broadband, and those of Mega-Internet Technology UK ("Mega-Internet Technology", "we", "us" or "our") as the provider of Mega-Internet Wireless Broadband in the UK. This Mega-Internet Wireless Broadband Agreement is in addition to the User Agreement you have with Mega-Internet Wireless, which governs your use of Mega-Internet Wireless's online services. You must be at least 18 years old to enter into this Mega-Internet Wireless Broadband Agreement.
Mega-Internet Wireless Broadband - Price Plans
Currently one price plan applies. Information on this is accessible on our website or upon request via email to info@mega-internet.com or by telephone to Mega-Internet Wireless customer services n 01908606453.
1. Getting You Started
Upon registrationand payment you will immediately receive a user name and password which you can straight away use to logon provided that you are receiving our wireless signal.
2. Quality of Service
We cannot guarantee that Mega-Internet Wireless Broadband will be free of faults or that outages will not occur, but we shall use reasonable skill and care to provide and maintain Mega-Internet Wireless Broadband. Mega-Internet Wireless Broadband may be suspended or unavailable from time to time for operational reasons (such as outages, maintenance or upgrades, or because of an emergency). Where practical, Mega-Internet Wireless will use reasonable efforts to provide you with notice of this.
Residential Use Only
Mega-Internet Wireless Broadband is not provided to you for use in your business or for commercial purposes - it is provided for residential use only. You must not resell your access and use of Mega-Internet Wireless Broadband: for example as part of an Internet cafe. Mega-Internet Wireless Broadband is not designed for you to operate a permanent Internet file server including without limitation HTTP, FTP, IRC or similar server applications. Mega-Internet Wireless reserves its right to suspend or terminate your use of Mega-Internet Wireless Broadband where Mega-Internet Wireless is aware of, or reasonably suspects, such use by you. Mega-Internet Wireless considers this reasonable because this type of use can adversely affect the enjoyment of other Mega-Internet Wireless Users' use of "Mega-Internet Wireless". Mega-Internet Wireless's User Services team will only be able to offer you support for problems you experience with connecting to Mega-Internet Wireless Broadband, not with any other problems you experience with this type of usage.
Spam
In addition to the prohibitions in Section 8 of the User Agreement, you agree that you shall not send or contribute to the sending of unsolicited commercial communications (such as spam or advertising) via Mega-Internet Wireless Broadband. If you experience any problems with sending email through Mega-Internet Wireless please contact User Services for assistance.
3. Commitment
Once you have registered this Agreement will start and will continue for a as long as you wish to continue with the use of this service, from your first billing date on an Mega-Internet Wireless Broadband price plan unless it is ended earlier in accordance with either section 4 or 5 below. If we inform you that provision of a broadband connection at your address is not possible or has not been successful, then your Agreement will terminate immediately.
4. Cancelling your subscription
You have the right to cancel your subscription for Mega-Internet Wireless Broadband for a period of 7 working days, starting from the first working day after the day on which you enter into this Mega-Internet Wireless Broadband Agreement. A working day is any day except Saturday, Sunday and UK public holidays. You can by calling Customer Services on 01908606453 or by emailing info@mega-internet.com.
5. Ending your Mega-Internet Wireless Broadband Agreement
Mega-Internet Wireless's Rights
Cancellation of your "Mega-Internet Wireless" Use
You must be a registered User of "Mega-Internet Wireless" at all times in order to use Mega-Internet Wireless Broadband. If your Use is ended then your use of Mega-Internet Wireless Broadband will be ended automatically.
If this takes place during the Month Commitment then Mega-Internet Wireless will not refund any charges you have paid. Mega-Internet Wireless will not refund any charges to you if your Agreement is terminated.
Breach of Your Obligations
If you fail to comply with any of your obligations set out in this Agreement or those set out in the User Agreement (e.g. you do not pay your monthly subscription fee) then Mega-Internet Wireless may in its reasonable discretion immediately suspend or end your use of Mega-Internet Wireless Broadband. Mega-Internet Wireless will not refund any charges to you if your Agreement is ended in this way.
Your Rights
Changes to this Agreement
If Mega-Internet Wireless makes any significant changes to this Agreement then we will notify you at least 30 days in advance. If you do not agree to the changes, you may end your Agreement by notifying Customer Services on 01908606543, or by email sent from your rigestered email account to info@mega-internet.com We must receive notice from you within the 30-day period. The effective date of termination will be the day before your next billing date after you notify us that you are ending this Agreement. Mega-Internet Wireless will not refund any charges to you if your Agreement is ended. Either you or Mega-Internet Wireless may terminate this Mega-Internet Wireless Broadband Agreement at any time by giving 30 days notice. You can do this by notifying Customer Services on 01908606453 or by e-mail sent from your registered email Account to info@mega-internet.com. Mega-Internet Wireless will not refund any charges relating to the remaining portion of the month in which you end your account.
Effect of Cancellation
If you cancel Mega-Internet Wireless Broadband but remain a user of "Mega-Internet Wireless", then you will be able to select a price plan from those available. If you do not select a price plan, you will automatically be placed on the price plan you were on before Mega-Internet Wireless Broadband.
6. Payments
Subscription Fee
To use Mega-Internet Wireless Broadband you have to make subscription payments to Mega-Internet Wireless. You will pay a monthly subscription fee to use Mega-Internet Wireless Broadband.
Billing
You authorise Mega-Internet Wireless to charge your existing billing account you have with Mega-Internet Wireless for (a) the payments due from you to Mega-Internet Wireless for Mega-Internet Wireless Broadband; and (b) for any associated costs due from you to Mega-Internet Wireless under this Mega-Internet Wireless Broadband Agreement.. You must tell us about any billing problems or discrepancies promptly after they first appear on your account statement. If you do not bring them to our attention within 180 days, you will have waived your right to dispute those problems or discrepancies.
General
The following applies to all Mega-Internet Wireless Broadband price plans: Additional charges may be payable to Mega-Internet Wireless for access to "Mega-Internet Wireless" in certain situations, for example through a mobile telephone; supplemental telecommunications charges for accessing the "Mega-Internet Wireless" online service from outside the UK.
7. Our Liability to You
If things go wrong and you have a legal right to compensation from us, then the following provisions shall apply. The limitation of liability provisions contained in section 6 of the User Agreement shall continue to be applicable to your use of "Mega-Internet Wireless". The liability of Mega-Internet Wireless under this Mega-Internet Wireless Broadband Agreement (whether in connection with this Agreement, our negligence or any other cause) for your use of Mega-Internet Wireless Broadband will not under any circumstances exceed (in respect of the incident or series of incidents giving rise to the liability) an amount equal to the greater of (a) the monthly subscription fees paid or payable by you to Mega-Internet Wireless or (b) twice the sum paid or payable monthly by you to Mega-Internet Wireless under this Agreement prior to the date on which the liability occurred.
Mega-Internet Wireless will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, however it is caused and regardless of whether it is the result of our negligence, our breach of this Agreement or any other cause, even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, Mega-Internet Wireless. Nothing in this Agreement shall exclude or limit Mega-Internet Wireless's liability for fraudulent misrepresentation or our liability for any death or personal injury resulting from our negligence.
8. Other Terms of the Mega-Internet Wireless Broadband Agreement.
Applicable Law
This Agreement is governed by and shall be construed in accordance with the laws of England and Wales.
Personal Data
The following provisions are in addition to Section 1 of the User Agreement. Mega-Internet Wireless will use the information you provide about yourself to carry out its obligations under this Mega-Internet Wireless Broadband Agreement. By clicking "I Agree" you give your consent to Mega-Internet Wireless for the processing of your personal information for the purposes contemplated under the Mega-Internet Wireless Broadband Agreement and the User Agreement. You may specify your privacy preferences governing how your personal data may be used for marketing purposes at any time at Mega-Internet Wireless Portal in due course.
Precedence
Where there is any conflict or discrepancy between any provision of this Mega-Internet Wireless Broadband Agreement, the User Agreement, the Mega-Internet Wireless Community Guidelines or any other policy issued by Mega-Internet Wireless at any time to its users, this Mega-Internet Wireless Broadband Agreement shall take precedence, unless the policy in question states that it takes precedence.
Notice to You
Under this Mega-Internet Wireless Broadband Agreement, we may be required to give you notice about important matters from time to time. Such notice may be given to you, amongst other methods, by email or letter. Email notice will be sent to your registerd email account. Postal notice will be sent to the address you provided us in your registration, and which you may modify at Mega-Internet Wireless Keyword: Billing.
Notice to Us
You may give notice to Mega-Internet Wireless by writing us an email to info@mega-internet.com or by contacting Customer Services on 01908606453 (call charges apply).
Effective Dates of Cancellation Notices under Section 7
Notices sent for the purpose of canceling this Mega-Internet Wireless Broadband Agreement during the will be effective on the date of sending when sent by email or post. This notice period shall only apply to cancellation notices under Section 7. Effective Dates of Notices Other than notices given under Section 7, e-mailed notice will be effective two days after the date of its delivery. A postal notice to you will be effective two working days (Mondays to Fridays, UK Bank holidays excluded) after proven dispatch by first class recorded delivery post.
Assignment
Mega-Internet Wireless reserves the right to assign or subcontract any of its rights or obligations under this Mega-Internet Wireless Broadband Agreement. You may not without the written consent of Mega-Internet Wireless assign or dispose of this Mega-Internet Wireless Broadband Agreement.
Matters Beyond Our Reasonable Control
Mega-Internet Wireless shall not be liable for any failure or delay in performance of its obligations under this Mega-Internet Wireless Broadband Agreement, which is caused by matters beyond its reasonable control.
No Waiver
If you or we fail to exercise any right or remedy under this Mega-Internet Wireless Broadband Agreement, that failure will not operate as a waiver of that right or remedy, or prevent it from being exercised subsequently unless expressly stated otherwise in these terms and conditions.
Third Party Rights
Other than Mega-Internet Wireless (UK) Limited and any other affiliate or subsidiary of Mega-Internet Wireless, a person who is not a party to this Mega-Internet Wireless Broadband Agreement has no right under the Mega-Internet Wireless Broadband Agreements (Rights of Third Parties) Act 1999 to enforce any term of this Mega-Internet Wireless Broadband Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.