ADDENDUM
xDSL Customer
This Addendum is part of your Agreement, Reference: {Your Agreement No.} in the name of {Your Name}
CritchCorp Computers Ltd is an International Communications company that provides manual and automatic xDSL services to Domestic Customers and Business Customers, and the said party wishes to obtain those services from CritchCorp Computers Ltd in accordance with the terms of this full agreement and further defined hereafter.
ADX 1. DEFINITIONS:
All previous definitions in this agreement are utilised in conjunction with this Addendum in relation to the xDSL service, defined herein, unless the context otherwise requires:
1.1 “Agreement” means The Customers Agreement in full referenced above, inclusive of all addendums, attachments and relevant Terms, conditions and applicable application form and AUP;
1.2 “Access Line” means the telecommunications circuit that the Customer uses to obtain telecommunications services over the public switched telephone network at the Premises as notified by the Customer to CritchCorp Computers Ltd;
1.3 “Act” means the Telecommunications Act 1984;
1.4 “Carrier” means any supplier of telecommunications services to CritchCorp Computers Ltd for the Service;
1.5 “Commencement Date” means the date when the Customer first receives the live Service.
1.6 “Customer Apparatus” means apparatus belonging to the Customer not forming part of the Equipment but which may be connected to the Equipment;
1.7 “Equipment” means any apparatus or equipment provided by CritchCorp Computers Ltd or any third party to the Customer at the Premises to enable provision of the Service;
1.8 “Minimum Period” means thirty (30) days unless otherwise stated within this addendum or your service description, invoice or account at yesDomains.co.uk.
1.9 “CritchCorp Computers Ltd System” means the telecommunication system which CritchCorp Computers Ltd runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by, CritchCorp Computers Ltd from a third party
1.10 “Person” means an individual or a body corporate or unincorporated or a partnership and “Persons” shall be construed accordingly;
1.11 “Restricted Information” means any information which is disclosed to one party to this Agreement by the other pursuant to or in connection with this Agreement (whether orally or in writing, and whether or not such information is expressly stated to be confidential or marked as such);
1.12 “Services” hereafter and related to this addendum means those manual and automatic Adsl and all related services as described on the date hereof and within the Company’s website www.cc-computers.com or www.yesdomains.co.uk or control.ccc-solutions.co.uk together with any increased or improved services of such a nature that may be provided by the Company.
ADX 2. GENERAL:
2.1
References to clauses and sub-clauses are, unless otherwise stated, references to clauses and sub-clauses within this Agreement.
2.2
The headings within this Addendum are for convenience only and shall not affect its interpretation.
ADX 3. PROVISION OF SERVICE:
3.1
CritchCorp Computers Ltd will provide the Service to the Customer in accordance with the Conditions of this Agreement and addendums and within the Term and Conditions found on the CritchCorp Computers Ltd website in relation to the customer..
3.2
The Customer must make sure that they have an Access Line with the Physical Characteristics required in order to receive the Service. If the Customer changes from the required Physical Characteristics, CritchCorp Computers Ltd cannot be held responsible if they are no longer able to receive the Service.
3.3
Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:
3.3.1 Transfer rights to the use of the Service to any third party, whether in whole or in part;
3.3.2 Disclose Service features, errors or viruses to any third party without the prior written consent of CritchCorp Computers Ltd;
3.3.3 Use the Service except in conjunction with CritchCorp Computers Ltd recommended operating environment, notified by CritchCorp Computers Ltd or modifies the Service without CritchCorp Computers Ltd prior written consent.
3.3.4 CritchCorp Computers Ltd reserves the right to change the Customer’s password at any time at its sole discretion.
3.4
From time to time certain Points of Presence (PoPs), servers, or the whole or part of the Network may be closed down for routine repair or maintenance work. CritchCorp Computers Ltd or its authorised representative shall give as much notice as in the circumstances is reasonable and CritchCorp Computers Ltd shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time.
3.5
CritchCorp Computers Ltd may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. CritchCorp Computers Ltd will give the Customer as much notice as possible of any planned interruption of the Customer’s Service. In these circumstances The Customer shall have no claim against CritchCorp Computers Ltd for any such interruption.
ADX 4. AUTHORISATIONS AND AUTHENTICATION
4.1.
The Company will issue a username and password to the Customer via e-mail or pre-configured xDSL device. This login information will serve as identification of the Customer for the specified xDSL service in this agreement. If you have more than one xDSL service, each will use a unique username and password, The Company will perform no further authentication of the Customer’s identity in relation to this service.
4.2.
The customer agrees that all web site activities and programmatic actions which can be traced to its username and password are deemed as having been performed by the Customer itself and are legally binding on it.
4.3.
The Customer is responsible for careful use and storage of the username and or password issued by CritchCorp Computers Ltd for the customers. The Customer acknowledges that CritchCorp Computers Ltd recommends changing the password If misuse or theft of the login information is suspected, and the Customer agrees to immediately notify CritchCorp Computers Ltd in order to suspend their account and or take other appropriate measures. The Company shall not be liable for losses or any other consequences arising out of such misuse.
ADX 5. RISKS
5.1.
The Customer acknowledges that, by definition, access to the Internet and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. The Customer agrees to accept full responsibility arising from such risks and the consequences of the Customers usage of CritchCorp Computers Ltd xDSL and related services herein and contravening clause 5 within the agreement.
ADX 6. CUSTOMERS LIABILITY:
6.1.
The Customer agrees to abide to all laws and regulations applicable to services provided by him. The Customer shall be liable for all consequences and costs arising out of any breaches against such law or regulations perpetrated by him, or under his direction or on his behalf.
6.2.
The Customer acknowledges and warrants that the Service shall be used in the way intended and defined within this agreement and related addendums. Therefore the Customer shall comply with all relevant rules and regulations as defined in clause ADX3 herein, regarding treatment, use and exploitation of private personal data and other personal information. Such compliance shall include without limit, the right for the recipient to be informed and their right to access this information and to modify it or to “opt out” completely of the Customers database along with the manner in which they can request this.
6.3.
It is the Customers full responsibility if they break any appropriate regulatory bodies rules, regulations or guidelines.
6.4.
The Customer hereby agrees to indemnify and hold CritchCorp Computers Ltd, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including in particular, without limitation, reasonable legal fees, made by any Person or Persons due to or arising out of the Customers services, use of the services, connection to the Services, breach of this Agreement and or the Customers violation of any rights of any other Person or Persons.
ADX 7. PRICING AND PAYMENT:
7.1.
CritchCorp Computers Ltd shall provide the Customer with the Service for the fees as defined in writing and or the availability through the control panel or CritchCorp Computers Ltd website. These fees are payable in advance from the start of the Minimum Period of service. Payment will be due on the date specified on the invoice.
7.2. Subject to our discretion we will invoice you either monthly, quarterly, semi annually or annually and all invoices are due by the due date, and usually issued seven (7) days before the due date. CritchCorp Computers Ltd reserve the right to charge interest on all outstanding amounts on a daily basis at the rate of 8% per annum above the base lending rate, from the date of the invoice until the date of actual payment or judgement has been enforced, as well as a late payment fee of 10% of the outstanding balance at 14 days overdue.
7.3. Any installation fee as specified to you in writing, website or through your control panel, is payable in advance by credit card or as reference in clause 6.5 of the main agreement
7.4. All fees are subject to change. In the event that the CritchCorp Computers Ltd increases its fees, you will receive prior notice as determined within the agreement.
7.5. In addition to the fee set out on the web site and or determined to the customer in writing, CritchCorp Computers Ltd shall be entitled to charge the Customer for the reasons given.
7.5.1. Internal Relocation – If a Customer wants to relocate the main phone socket from one room/floor to another within the same building.
7.5.2. Abortive Visit Charge – Abortive visits include attendance to incorrect address provided by the customer, site does not meet requirements specified by the supplier or End User is not available.
7.5.3. Administration Charges – Where The Customer provides illegible, materially incomplete or incorrect order details.
7.5.4. Reworking Charge – If the Customer consents to a Carrier engineer making good any existing non-Carrier installed wiring to make it fit for installation of the Service.
7.5.5. Order Cancellation – If the Customer requests the cancellation of the CritchCorp Computers Ltd xDSL service five (5) or less days prior to the arranged installation date and 30 days or more in some cases as notified separately.
7.5.6. Cessation of Service – The customer agrees to pay any costs incurred by CritchCorp Computers Ltd due to cessation of a broadband service supplied. When directly cancelling as a result of a customer house move where a cessation and new provision of service is required and or, when moving to an LLU based ISP and or cessation of the telephone line over which broadband service is provided for what ever reason.
7.6.
Method of payment – as referred to in the Invoice payment terms and conditions
ADX 8. DOMAIN NAMES, INTERNET PROTOCOL ADDRESSES:
8.1.
The Customer confirms and warrants that he has in accordance and determined by, Ofcom’s “Code of Practice” and “Terms and Conditions” and any other relevant authorities in this area, has full title and ownership the domain name(s).
8.2.
The Customer acknowledges that CritchCorp Computers Ltd cannot guarantee that any domain name the Customer requests will be available or approved for use.
8.3.
CritchCorp Computers Ltd has the right to require the Customer to select a replacement domain name and may suspend the relevant service associated with the domain name if, there are reasonable grounds to believe the Customer’s current choice of domain name is, or is likely to be, in breach of the provisions of this Agreement and law.
8.4.
The Customer acknowledges that CritchCorp Computers Ltd cannot guarantee that any domain name the Customer requests will be available or approved for use.
8.5.
If the Service includes the registration of an Internet domain name the Customer acknowledges and agrees that:
8.5.1.
CritchCorp Computers Ltd does not represent, warrant or guarantee that any domain name applied for by the Customer will be registered in its requested name or is capable of being registered by it or that the use of such domain name will not infringe any third party rights. Accordingly, the Customer should take no action in respect of its requested domain name(s) until it has been notified that its requested domain name has been duly registered.
8.5.2. The registration of the domain name and its ongoing use by the Customer is subject to the relevant industries protocols and or the relevant authority’s terms and conditions of use. The Customer undertakes to CritchCorp Computers Ltd that it will comply with such terms and conditions. The Customer hereby irrevocably waives any claims it may have against CritchCorp Computers Ltd in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, acknowledges and agrees that any administration or other charge paid by the Customer in respect of the registration of the domain name, is non-refundable.
8.5.3. CritchCorp Computers Ltd accepts no responsibility in respect of the use of a domain name by the Customer. Any dispute between the Customer, other individual or organisation regarding a domain name, must be resolved between the parties concerned and CritchCorp Computers Ltd will take no part in any such dispute. CritchCorp Computers Ltd reserves the right on becoming aware of such a dispute concerning a domain name at its sole discretion, to either suspend or cancel the relevant service associated with the domain name and/or to make such representations to the relevant naming authority as it deems appropriate with no further redress from the Customer.
8.6.
Any Internet Protocol address allocated by CritchCorp Computers Ltd to the Customer shall at all times remain the sole property of CritchCorp Computers Ltd and the Customer will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, the Customer’s licence to use the Internet Protocol address shall automatically terminate and thereafter it will not use such address, even in the event of moving to another contract with CritchCorp Computers Ltd.
ADX 9. INTELLECTUAL PROPERTY RIGHTS:
9.1.
It is agreed and acknowledged by the parties that all communication media and systems associated with the web site www.cc-computers.com, www.yesdomains.co.uk, control.ccc-solutions.co.uk & members.cc-computers.com the control panel and the underlying services remain the property of the Company, its suppliers or partners as appropriate. By using the services, the Customer shall not obtain any rights in the infrastructure, content, Intellectual Property, or software associated with the services.
9.2.
ADX 10. AGREEMENT AND ADDENDUM AMENDMENTS:
10.1.
CritchCorp Computers Ltd reserve the right to add to and/or amend the Conditions at any time. Such changes shall be notified to the Customer by posting in the Terms and Conditions section of CritchCorp Computers Ltd’s Web site. Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of Fourteen (14) days from the date of posting on the Web site.
ADX 11. DURATION AND TERMINATION:
11.1.
This Addendum shall come into force on the date hereof and continue thereafter unless and until terminated by either party in reference to clause 26 of the Customers agreement including sub clauses.
ADX 12.13 SEVERABILITY
12.1.
If any of the provisions of this Agreement and Addendums is found by any Court to be void or unenforceable, such provision shall be deemed to be deleted from this Agreement and Addendums and the remaining provisions of thisAgreement and Addendums shall reamin in force.
This agreement and Addendums is considered to be accepted in full by the Customer by completion of the ordering process.
© 2023 CritchCorp Computers Ltd
