Agreement for WebSumu Internet Solution Services

Terms and Conditions for Internet Access

Please read this agreement carefully

1. Acknowledgement and Acceptance of Terms of the Service

The Websumu Internet Solutions ("WIS") operated by Infold Limited ("Infold"), is provided to you ("Subscriber") under the terms and conditions of this Terms and Conditions and any operating rules and policies that may be published by Infold.

By completing the Registration Application and submitting it, you agree to be bound by the Terms and Conditions of the WIS. This agreement and your registration information are the complete agreement between you and Infold regarding the subject matter contained herein and replace any prior oral or other agreements between the parties.

You are authorised to access and use WIS when you have completely filled in all the required registration information and indicated your concurrence with terms of this Service as described in the registration instructions.

2. Charges

Charges (if any) for the Service will be due in advance and payable by the following methods:

• Cheque
• Direct Debit Mandate


3. Description of Service

Infold provides you Dial Access to use WIS for the specific purpose of enabling you to access the Internet and services available on the Internet.

The Dial Access is via telephone number(s) that Infold provides to you.

Each Internet provider owns, maintains, and supports its own service. Availability of an Internet service is the responsibility of the Internet provider. We do not own or control all of the various facilities and communication lines through which access may be provided. Accordingly, we shall not be responsible for user/access security.

However, we will assist in network security breach detection and identification and in establishing limited access when requested.

Certain Internet services may contain language or pictures which some individuals may find offensive, inflammatory, or of an Adult nature. Such contents are the sole responsibility of the Internet service provider. We do not endorse such materials and disclaim any and all liability for their contents.

With regard to Internet services, you are responsible for:

1. Determining what services are available via the Internet;
2. Determining if an Internet service meets your requirements;
3. Obtaining from the Internet provider user IDs in order to access their service;
4. Contacting the Internet provider directly if you have problems with their service;
5. Having invoiced directly to you and paying Internet provider charges if any, associated with your usage of their service;
6. Obtaining and adhering to all other terms associated with usage of Internet or a specific Internet service or an intermediate provider's service which we use for access to the Internet; and
7. Obtaining, installing, and maintaining any required hardware and/or software necessary for accessing the service.

DISCLAIMER OF WARRANTIES

The Subscriber expressly agrees that the use of the Service is at Subscriber's sole risk. The Service is provided on an 'as is' and 'as available' basis.

Infold makes no warranties or conditions, express or implied, including the implied warranties or conditions of merchantability, quality and fitness for a particular purpose relating to WIS.

Infold makes no warranty that the Service will meet Subcriber's requirements, or that the Service will be uninterrupted, timely, secure, or error free.

LIMITATION OF LIABILITY

Infold is not liable for special, direct, indirect, or consequential damages, resulting from the use or inability to use the service even if Infold have been advised of the possibility of such damages including, but not limited to, lost profits, lost business revenue, or failure to realise expected savings.

Infold shall not be liable for any claims against you by any third party.

4. Subscriber's Responsibility

You agree:

1. that Infold may use your name, user identification and other identifying information in Infold's service directory,
2. not to assign, or otherwise transfer, this Agreement or you rights under it, delegate your obligations, or resell the Service. Any attempt to do so is void;
3. that you are responsible for the results obtained from the use of the Service;
4. to obtain, install, and maintain suitable equipment and software as necessary to access the Service;
5. to obtain all required permissions if you use the Service to receive, download, display, distribute, or execute programs or perform other works;
6. to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data;
7. to give all required notices under this Agreement by sending an electronic or written notification;
8. to pay charges for all Service usage you incur. Failure to pay promptly may result in cancellation of your access to the Service. If you terminate this Agreement, all charges incurred will be payable in full;
9. not to use this Service to interfere or attempt to interfere with the use of the Service and/or the Internet by any other party;
10. to provide Infold with the requested identification when requesting password change or in connection with other security related matters.


5. Our Responsibilities

We will:

1. provide you a User Identification code to enable access to the Service;
2. send any electronic notice to you at the User Identification code we provide you;
3. provide you with a telephone number to enable you to connect to the Service;
4. provide you electronic or written notice if we change or terminate this Agreement, substantially alter the service from its current description, increase service charges, or change invoicing procedures. Such changes shall be effective immediately;
5. provide access to the current Agreement and any succeeding Agreement, if applicable so that you may retrieve it or view it on-line.


6. General Terms

Each of us agrees that:

1. all information exchanged by both of us is non-confidential. Section 8 of this Agreement describes our responsibilities for handling data and information you transmit over our network using the Service;
2. any terms varying from this Agreement in any order, written or electronic communication from you are void;
3. neither of us grants the other any licenses under this Agreement; and
4. if any provision of this Agreement is determined to be invalid, all other provisions shall remain in force.

Annual Account Holders

5. if a customer decides to subscribe for a full year to any of our services and within that period decides to terminate the agreement, unless we are in breach of this agreement, we will not refund any outstanding monies held against that account.

   Monthly Account Holders

6. Either party may terminate this Agreement, with or without cause, if the customer has subscribed to the monthly payment plan and by giving notice to the other, in writing and in such case the Agreement will terminate at the end of the month or when the monthly payment expires.


7. Electronic Communications

Each of us may communicate with the other by electronic means as described in this Agreement and its registration information. Each of us agrees to the following for all electronic communications:

1. a User Identification, contained in an electronic document, is legally sufficient to verify the sender's identity and the document's authenticity;
2. an electronic document that contains a User Identification, is a signed writing;
3. an electronic document, or any computer printout of it, is an original when maintained in the normal course of business.


8. Customer Transmitted Data

   We agree to respect the confidentiality of your information, including programs and data, transmitted electronically over our network while using the Service. However, we have no obligation of confidentiality relating to your information, including programs and data, which is not confidential.

   We also have no liability for any disclosure of information that occurs as a result of our delivery of your information, at your direction and to a recipient you designate, when the delivery is made in the normal course of service provision (for example, to an incorrect delivery address provided by you to us). We may disclose information to the extent required by law.

   Handling of your information

   You are responsible for selection and use of the security facilities and options that we provide.

   You are responsible to develop and maintain procedures (apart from the Service) to protect your information. You are responsible for backup and restoration of your information.

   For transmission carried over interexchange carriers' and local exchange carriers' facilities, we are not responsible for transmission errors, or corruption or security of data.

9. Service Availability and Access

This Service is generally available daily, seven days a week, except for maintenance.

Service maintenance generally takes place from 3pm until 5pm local time on Sunday however we may at anytime without notice or liability restrict the use of the Service or limit its time of availability in order to perform maintenance activities. We do try to keep the service accessible at all times but connection to the service may not be accessible due to excessive demand from other users at peek times of the day usually between the hours of 6pm to 10pm.

We also reserve the right to withdraw the Service from you if your use of the Service, in our opinion, is disruptive, causes a malfunction of the Service or violates the terms of this Agreement.

If you connect to the Service automatically, without manually entering your User Identification code, you must understand that anyone who has access to your computer can also gain access to the Service and could abuse your personal registration information.