| 2 |
 |
Recordal |
| 2.1 |
|
The ISP hereby sells the Service to the User on a subscription basis on the terms and conditions set out in this agreement. |
| 2.2 |
|
When the User subscribes for the Service, the ISP will issue a user name and password to the User. By using the user name and password to access the Service and/or by using the Service, the User will be signifying his/her acceptance of these terms and conditions of use, which will form a binding agreement between the User and the ISP and the Appointed Agent, which terms and conditions the User is deemed to have familiarised himself/herself with and to have irrevocably accepted. |
| 2.3 |
|
The User warrants that as at the effective date, all the details furnished by the User to the ISP and the Appointed Agent are true and correct and that they will notify the ISP and the Appointed Agent forthwith in the event of any change to such details. |
|
| 3 |
|
Service Availability |
| 3.1 |
|
All reasonable endeavours will be made by the ISP, its suppliers and service providers to make and keep the Service available to subscribers at all times. |
| 3.2 |
|
Notwithstanding the aforegoing, the User agrees that the ISP, its suppliers and service providers shall not be liable in respect of any loss or damage caused by or arising from the non-availability of, any interruption in or the use of the Service for any reason whatever and howsoever arising. |
| 3.3 |
|
This exclusion of liability of the ISP, it’s suppliers and service providers for loss or damage will include, but is not limited to: |
| 3.3.1 |
|
loss caused by negligent acts of the ISP, it’s suppliers and service providers or their employees |
| 3.3.2 |
|
any direct, indirect, consequential, incidental or specific loss or damage resulting from interruption of the Service, the User’s business, loss of information, loss of any form of data or any other cause of any nature, whether foreseen or not |
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