Terms of Service
We reserve the right to suspend or cancel services or access to any of our services in the event of non payment of if it is deemed that an account has been inappropriately used or in the event that the use of an account is adversely affecting the service provided to other customers.
We reserve the right to change our Terms and Conditions when necessary. It is the customers responsibility to ensure that they are up to date with our Terms and Conditions, however we will notify customers of any important changes we deem notifiable. Customers agree to be bound to all of our Terms and Conditions on completion of our contract.
Standard Terms & Conditions for Outbound Services
1. DEFINITIONS AND INTERPRETATIONS
1.1. In these terms and conditions the following terms shall have the following meanings:
“Acceptable Use Policies” any of Buzz Networks Ltd acceptable use policies in force from time to time that are relevant to the Services and the Subscriber’s use of them including, without limitation, Buzz Networks Ltd acceptable use policy relating to Broadband Services;
“Average Monthly Revenue” the average monthly amount of Variable Charges paid by the Subscriber to Buzz Networks Ltd during the preceding six (6) months or, if higher, the Minimum Amount;
“Broadband Services” any broadband internet services to be provided by Buzz Networks Ltd to the Subscriber under the Contract, as further detailed in the Order Form;
“BT” British Telecommunications PLC (Company Number: 01800000);
“Business Day” a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
“Buzz Networks Ltd” means Buzz Networks Ltd Limited, a company registered in England & Wales under Company Number 3260342 whose registered office is at Unit 6, Glenmore Business Park, Blackhill Road, Poole, Dorset BH16 6NL
“Buzz Networks Ltd Equipment” any equipment, systems, cabling or facilities provided by Buzz Networks Ltd and used directly or indirectly in the supply or use of the Services;
“Charges” the Fixed Charges and/or Variable Charges and/or any other charges payable by the Subscriber under the Contract;
“Connection Date” the date upon which the supply of the Services is to commence, as confirmed by Buzz Networks Ltd to the Subscriber, which shall be subject to, where applicable, receipt by Buzz Networks Ltd from any relevant third party engaged by Buzz Networks Ltd to provide goods and/or services in connection with the Services that it has agreed and is in a position to provide such goods and/or services;
“Contract” means any contract arising between Buzz Networks Ltd and the Subscriber for the provision of the Services incorporating these Terms and the Order Form;
“Contract Period” means the term of the Contract, as determined in accordance with clause 3.1;
“Fault Repair Services” any fault repair services to be provided by Buzz Networks Ltd under the Contract, as further detailed in the Order Form;
“Fixed Charges” the fixed monthly charges payable by the Subscriber to Buzz Networks Ltd under the Contract, as further detailed in the Order Form (subject to variation from time to time in accordance with clause 10.8) including, without limitation, line rental fees, line select service fees and / or broadband rental fees;
“Insolvency Event” is where:
1. a party suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
2. commences negotiations with all, or any class of, its creditors with a view to rescheduling any of its debts, or makes a proposal for, or enters into any compromise or arrangement with, its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that party with one or more other companies, or the solvent reconstruction of that party; or
3. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that party other than for the sole purpose of a scheme for a solvent amalgamation of that party with one or more other companies, or the solvent reconstruction of that party; or
4. an application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the party; or
5. a floating charge holder over the assets of that party has become entitled to appoint, or has appointed, an administrative receiver; or
6. a person becomes entitled to appoint a receiver over the assets of the party, or a receiver is appointed over the assets of the party; or
7. a creditor or encumbrancer of the party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 (fourteen) days; or
8. any event occurs, or proceeding is taken, with respect to the party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in paragraphs 1 to 7 (inclusive) of this definition; or
9. the party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business;
“Minimum Amount” the minimum monthly amount of Variable Charges (if any) specified in the Order Form;
“Network Services” means any network services to be provided by Buzz Networks Ltd to the Subscriber under the Contract as further detailed in the Order Form which shall include, where applicable, the provision of one or more telephone lines in order to enable the Subscriber to make or receive telephone calls and the provision of per minute indirect access network capacity to complete voice telephone calls and data transmissions domestically and internationally via the public switched telephone network;
“Normal Working Hours” between 09.00 and 18.00 on any Business Day;
“Number Translation Services” any number translation services to be provided by Buzz Networks Ltd under the Contract, as further detailed in the Order Form;
“Order” the Subscriber’s order for Services, as set out in the Order Form;
“Order Form” means the order form overleaf or provided with or attached to or which otherwise refers to or incorporates these Terms (as the case may be);
“Price List” Buzz Networks Ltd standard price list in force at the Connection Date, as varied, replaced or amended by Buzz Networks Ltd from time to time in accordance with clause 10.8;
“Services” means the Network Services, the Broadband Services, the Number Translation Services, and/or the Fault Repair Services and any other services detailed in the Order Form (as the case may be);
“Service Levels” means the service levels for Fault Repair Services as specified from time to time;
“Subscriber” means the person, firm or company specified on the Order Form and includes where relevant the Subscriber’s permitted assigns, employees and agents;
“Subscriber’s Equipment” any equipment, systems, cabling or facilities provided by the Subscriber and used directly or indirectly in the supply or use of the Services;
“Subscriber’s Premises” the premises specified in the Order Form;
“Terms” these terms and conditions;
“Third Party Equipment” any equipment, systems, cabling or facilities provided by any person other than Buzz Networks Ltd and the Subscriber and used directly or indirectly in the supply or use of the Services;
“Variable Charges” any charges payable by the Subscriber to Buzz Networks Ltd under the Contract which are determined in accordance with clause 10.2.
2. BASIS OF CONTRACT
2.1. The Order constitutes an offer by the Subscriber to purchase Services from Buzz Networks Ltd in accordance with these Terms.
2.2. The Order shall only be deemed to be accepted when Buzz Networks Ltd issues written acceptance of the Order or, if earlier Buzz Networks Ltd commences to provide the Services, at which point and on which date the Contract shall come into existence.
2.3. The Contract constitutes the entire agreement between the parties. The Subscriber acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Buzz Networks Ltd which is not set out in the Contract. Any samples, drawings, descriptive matter or advertising issued by Buzz Networks Ltd , and any descriptions or illustrations contained in Buzz Networks Ltd catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or any other contract between Buzz Networks Ltd and the Subscriber for the supply of the Services.
2.4. These Terms apply to the Contract to the exclusion of any other terms that the Subscriber seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.5. Any quotation given by Buzz Networks Ltd shall not constitute an offer, and is only valid for a period of 30 (thirty) Business Days from its date of issue.
3.1. The supply of the Services shall commence on the Connection Date and shall continue to be supplied for an initial period of 24 (twenty four) months (the “Initial Period”) and, after that, shall continue to be supplied for successive periods of 24 (twenty four) months* (each such period an “Extension Period”) unless the Contract is terminated in accordance with clause 11 or any of the following provisions of this clause. Buzz Networks Ltd shall remind the Subscriber 90 (ninety) days prior to the end of the Initial Period or any Extension Period if so requested by the Subscriber in writing.
3.2. The Subscriber may terminate the Contract:
3.2.1. at any time by giving not less than 90 (ninety) days notice in writing, subject to the payment by the Subscriber to Buzz Networks Ltd of an early termination payment in accordance with clause 12.1; or
3.2.2. without paying an early termination payment if Buzz Networks Ltd notifies the Customer of any change to the Contract which is likely to be of material detriment to the Subscriber. The Subscriber must give Buzz Networks Ltd 30 (thirty) days notice within 3 (three) months of the date that the change is notified to the Subscriber.
3.3. Either party may terminate the Contract by giving to the other at any time not less than 30 (thirty) days notice in writing, such notice to expire:
3.3.1. if the notice is given during the Initial Period, at the end of the Initial Period; or
3.3.2. if the notice is given during an Extension Period, at the end of that Extension Period.
4. SUPPLY OF SERVICES
4.1. During the Contract Period Buzz Networks Ltd shall use its reasonable endeavors to:
4.1.1. supply the Services using reasonable skill and care and in accordance in all material respects with the Order Form and, where applicable, the Services Levels; and
4.1.2. meet any performance dates specified in the Order Form, the Service Levels or which are otherwise agreed in writing by Buzz Networks Ltd , but any such dates shall be estimates only and time for performance by Buzz Networks Ltd shall not be of the essence of the Contract.
4.2. Buzz Networks Ltd shall have the right to make any changes to the Services which are necessary to comply with any applicable law, regulatory or safety requirements, or which do not materially affect the nature or quality of the Services, and Buzz Networks Ltd shall notify the Subscriber in the event of such change.
5. SUBSCRIBER’S OBLIGATIONS
5.1. The Subscriber warrants, represents and undertakes to Buzz Networks Ltd that it shall:
5.1.1. ensure that the terms of the Order Form and any information it provides in it are complete and accurate;
5.1.2. co-operate with Buzz Networks Ltd in all matters relating to the Services;
5.1.3. provide Buzz Networks Ltd , its employees, agents, consultants and subcontractors, with access to the Subscriber’s Premises and the Subscriber’s other premises, office accommodation and other facilities as reasonably required by Buzz Networks Ltd;
5.1.4. provide Buzz Networks Ltd with such information, materials and facilities (including, without limitation a suitable electricity supply) as it may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
5.1.5. prepare the Subscriber’s Premises for the supply of the Services;
5.1.6. obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;
5.1.7. comply with Buzz Networks Ltd Acceptable Use Policies;
5.1.8. provide the Subscriber Equipment and ensure that the Subscriber’s Equipment complies with all applicable laws and regulations;
5.1.9. comply with all applicable laws and regulations with respect to its activities under the Contract including, without limitation, its use of the Services and the Buzz Networks Ltd Equipment, the Subscriber’s Equipment and the Third Party Equipment;
5.1.10. not use the Services for any purpose other than that for which they are provided and as may be set out from time to time in Buzz Networks Ltd service literature;
5.1.11. not use the Services to communicate any material which is intended to be a hoax call to emergency services or is of a defamatory, offensive, abusive, obscene or menacing character;
5.1.12. not to use the Services in a manner which constitutes or may constitute a violation or infringement of the rights of any other party or fraudulently or in connection with any criminal offence;
5.1.13. maintain the Subscriber’s Equipment and the Third Party Equipment at all times during the Contract Period in good working order and in conformation with all applicable laws and regulations;
5.1.14. arrange for its switchboard to be de-programmed in accordance with instructions from Buzz Networks Ltd to enable Buzz Networks Ltd to provide the Subscriber with the Network Services. Buzz Networks Ltd can arrange the de-programming on the Subscriber?s behalf and a separate charge will be made for this; and
5.1.15. be liable for all call traffic which falls back to BT, such calls will be charged at BT’s published price list from time to time.
5.2. If Buzz Networks Ltd performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Subscriber or failure by the Subscriber to perform any relevant obligation (“Subscriber Default”):
5.2.1. Buzz Networks Ltd shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Subscriber remedies the Subscriber Default, and to rely on the Subscriber Default to relieve it from the performance of any of its obligations to the extent the Subscriber Default prevents or delays Buzz Networks Ltd performance of any of its obligations;
5.2.2. Buzz Networks Ltd shall not be liable for any costs or losses sustained or incurred by the Subscriber arising directly or indirectly from the Subscriber’s Default; and
5.2.3. the Subscriber shall reimburse Buzz Networks Ltd on written demand for any costs or losses sustained or incurred by Buzz Networks Ltd arising directly or indirectly from the Subscriber Default.
6. FAULT REPAIR SERVICES
6.1. Buzz Networks Ltd will normally carry out Fault Repair Services by appointment and during Normal Working Hours but may request the Subscriber to provide access at other times.
6.2. At the Subscriber’s request, Buzz Networks Ltd may agree to carry out Fault Repair Services outside Normal Working Hours and the Subscriber shall pay Buzz Networks Ltd reasonable Charges for complying with such a request.
6.3. If the Subscriber requests maintenance or repair work which is found to be unnecessary or is not included in the standard charges for the Services, the Subscriber may be charged for the work and the costs incurred. Buzz Networks Ltd will give notice that work is not included in the Services or is considered unnecessary prior to commencement of the works required or requested.
7. BUZZ NETWORKS LTD EQUIPMENT
7.1. The Buzz Networks Ltd Equipment shall be at the risk of the Subscriber from the time of its arrival at the Subscriber’s Premises and shall remain at the risk of the Subscriber until such time as it is removed from the Subscriber’s Premises by Buzz Networks Ltd .
7.2. Ownership of the Buzz Networks Ltd Equipment shall at all times remain with Buzz Networks Ltd .
7.3. At all times that the Buzz Networks Ltd Equipment is at the risk of the Subscriber pursuant to clause 7.1, the Subscriber shall:
7.3.1. hold the Buzz Networks Ltd Equipment on a fiduciary basis as Buzz Networks Ltd bailee;
7.3.2. not destroy, deface or obscure any identifying mark on or relating to the Buzz Networks Ltd Equipment;
7.3.3. maintain the Buzz Networks Ltd Equipment in satisfactory condition; and
7.3.4. insure the Buzz Networks Ltd Equipment at its own expense in respect of all loss or damage in an amount equal to the new replacement value of the Buzz Networks Ltd Equipment from time to time.
7.4. The Subscriber grants Buzz Networks Ltd , its agents and employees an irrevocable licence to enter any premises where the Buzz Networks Ltd Equipment is or may be stored in order to inspect it or to recover it:
7.4.1. at any time on or after termination of the Contract; or
7.4.2. at any time if the Subscriber suffers an Insolvency Event.
7.5. On termination of the Contract, howsoever caused, Buzz Networks Ltd rights contained in this clause 7 shall remain in effect.
8. SUSPENSION OF SERVICES
8.1. Buzz Networks Ltd shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until further notice without liability to the Subscriber, having given the Subscriber as much notice as is reasonably practicable under the circumstances either orally (confirming such notice in writing) or in writing, in the event that:
8.1.1. Buzz Networks Ltd is obliged to comply with an order, instruction or request of the Government, an emergency services organisation, regulator or other competent administrative authority;
8.1.2. Buzz Networks Ltd is entitled to suspend the provision of any other telecommunications service under the terms of any other agreement with the Subscriber;
8.1.3. Buzz Networks Ltd considers, in its reasonable opinion, that it is necessary to do so for the purposes of undertaking routine maintenance or Fault Repair Services provided always that Buzz Networks Ltd shall use its reasonable endeavors to ensure that any such suspension shall cause the minimum amount of disruption to the Services as is reasonably practicable in the circumstances; and/or
8.1.4. the Subscriber is in breach of a material term of this Agreement including for the purposes of this Agreement its failure to pay any Charges to Buzz Networks Ltd on the due date.
9. LIMITATION OF LIABILITY
9.1. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.2. Nothing in these Terms or the Contact excludes or limits the liability of Buzz Networks Ltd for:
9.2.1. death or personal injury caused by Buzz Networks Ltd negligence;
9.2.2. fraud or fraudulent misrepresentation; or
9.2.3. any other liability which cannot lawfully be excluded or limited.
9.3. Subject to clause 9.2:
9.3.1. Buzz Networks Ltd shall not be liable for any loss of profits, loss of revenue, loss of business, depletion of goodwill or similar losses, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and
9.3.2. Buzz Networks Ltd total aggregate liability in contract, tort (including negligence and/or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to:
184.108.40.206. £2,000 (two thousand pounds) for any one incident or series of connected incidents; and
220.127.116.11. £10,000 (ten thousand pounds) in total.
9.4. Buzz Networks Ltd does not warrant that the Subscriber?s use of the Services will be uninterrupted or error free.
10. CHARGES AND PAYMENTS
10.1. In consideration of Buzz Networks Ltd providing the Services, the Subscriber shall pay to Buzz Networks Ltd :
10.1.1. the Fixed Charges; and
10.1.2. the Variable Charges.
10.2. The amount of Variable Charges payable by the Subscriber in respect of each month during the Contract Period shall be:
10.2.1. such sum as is determined with reference to the Subscriber?s use of the Services in accordance with the applicable rates specified in the Order Form or in Buzz Networks Ltd Price List; or
10.2.2. if higher, a sum equal to the Minimum Amount.
10.3. All amounts and Charges payable by the Subscriber under the Contract are exclusive of value added tax, which shall be added to Buzz Networks Ltd invoice(s) at the appropriate rate.
10.4. Buzz Networks Ltd shall invoice the Subscriber by e-mail after the end of each month for all Services performed by Buzz Networks Ltd during that month and for all use made by the Subscriber of the Services during that month.
10.5. Each invoice is due and payable by the Subscriber by direct debit 14 (fourteen) days after the date of the invoice.
10.6. In the event that the Subscriber fails to pay any invoice on its due date:
10.6.1. the Subscriber shall pay to Buzz Networks Ltd a late payment fee of £20 (twenty pounds) in addition to the amount of the unpaid invoice and in addition to the administration fee under clause 10.7; and
10.6.2. interest shall accrue on the overdue amounts at the rate of 4% (four percent) over the base lending rate of the Barclays Bank from time to time, commencing on the due date and continuing until fully paid, whether before or after the judgment.
10.7. In the event that any attempt made by Buzz Networks Ltd to collect payment by direct debit pursuant to clause 10.5 fails for any reason (other than Buzz Networks Ltd negligence or willful misconduct) and the Subscriber has failed to provide Buzz Networks Ltd with prior written notice that the failure will occur, then Buzz Networks Ltd shall be entitled to charge the Subscriber a £25 (twenty five pounds) administration fee which shall be payable by the Subscriber in addition to the payment which Buzz Networks Ltd has been unable to collect.
10.8. Buzz Networks Ltd shall have the right to alter the Fixed Charges and/or the charges in its Price List from time to time to reflect any increase in the cost of supplying the Services that is due to any factor beyond Buzz Networks Ltd control (including increases in taxes and duties, and increases in the charges payable by Buzz Networks Ltd to any third party engaged by Buzz Networks Ltd to provide goods and/or services in connection with the Services), any request by the Subscriber to change the Connection Date or the quantity or types of Services supplied, or any delay caused by any instructions of the Subscriber or failure of the Subscriber to give Buzz Networks Ltd adequate or accurate information or instructions.
10.9. Buzz Networks Ltd may agree from time to time, at its absolute discretion, to accept payment from the Subscriber of any sums due under the Contract by payment methods other than direct debit, the Subscriber may be subject to an administration fee of £5 (five pounds) per month for the duration of the alternative payment arrangements.
10.10. The Subscriber’s use of the Services shall be determined by reference to data recorded or logged by or on behalf of Buzz Networks Ltd and not by reference to any data recorded or logged by the Subscriber. The Subscriber agrees that Buzz Networks Ltd may invoice the Subscriber for any use made of the Services at any time up to 12 (twelve) months following the date on which the use occurred.
10.11. Payment of all sums due to Buzz Networks Ltd shall be made without any deduction or set-off whatsoever.
10.12. If the Subscriber wishes to dispute any Charges shown on an invoice such a dispute must be notified in writing to Buzz Networks Ltd within 14 (fourteen) days of receipt of the invoice, failing which the Subscriber shall be deemed to have accepted the accuracy of the invoice.
10.13. The Subscriber shall provide Buzz Networks Ltd with such deposit or other security for payment of bills as Buzz Networks Ltd may reasonably require from time to time.
11.1. Without limiting its other rights or remedies, Buzz Networks Ltd may terminate the Contract with immediate effect by giving written notice to the Subscriber if:
11.1.1. the Subscriber commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 (seven) days of being notified in writing of the breach; or
11.1.2. the Subscriber suffers an Insolvency Event.
11.2. Without limiting its other rights or remedies, Buzz Networks Ltd may terminate the Contract with immediate effect by giving written notice to the Subscriber if any licence or general authorisation under which Buzz Networks Ltd has the right to provide the Services is revoked, amended or otherwise ceases to be valid.
12. EARLY TERMINATION PAYMENT
12.1. Without limiting Buzz Networks Ltd other rights or remedies, and except as set out in clause 12.2, if the Subscriber terminates the Contract pursuant to clause 3.2.1 or if Buzz Networks Ltd terminates the Contract pursuant to clause 11.1 the Subscriber shall pay to Buzz Networks Ltd on demand the following sums:
12.1.1. a sum equal to all Fixed Charges that would have been payable to Buzz Networks Ltd under the Contract during the period from the date of termination of the Contract until expiry of:
18.104.22.168. if termination occurs during the Initial Period, the Initial Period; or
22.214.171.124. where termination occurs during an Extension Period, the current Extension Period;
12.1.2. a sum equal to the full retail price of the Buzz Networks Ltd Equipment as determined in accordance with Buzz Networks Ltd standard price list in force at the date of termination;
12.1.3. a sum equal to 45% (forty five percent) of the Average Monthly Revenue multiplied by the total number of whole months that remain to be expired from the date of termination of the Contract until expiry of:
126.96.36.199. if termination occurs during the Initial Period, the Initial Period; or
188.8.131.52. where termination occurs during an Extension Period, the current Extension Period.
12.2. Clause 12.1 will not apply if the Subscriber terminates the Contract under clause 3.2.2 or clause 3.3.
13.1. The Subscriber shall indemnify Buzz Networks Ltd against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Buzz Networks Ltd arising out of or in connection with:
13.1.1. the Subscriber’s breach or negligent performance or non-performance of the Contract;
13.1.2. any use made by the Subscriber of the Services; and/or
13.1.3. any loss or damage (including theft) caused to the Buzz Networks Ltd Equipment at any time whilst it is at the risk of the Subscriber pursuant to clause 7.1.
13.2. The indemnity in clause 13.1 shall not cover Buzz Networks Ltd to the extent that a claim under it results from Buzz Networks Ltd negligence or willful misconduct.
14. DATA PROTECTION
14.1. Buzz Networks Ltd will use the information it holds about the Subscriber to administer the Contract. Buzz Networks Ltd may supply the information to its subcontractors, to enable the provision of the Services.
14.2. Buzz Networks Ltd may use that information to inform the Subscriber of other products or services which it can provide which it thinks the Subscriber may be interested in. If the Subscriber does not wish to receive marketing material from Buzz Networks Ltd it should email Buzz Networks Ltd at email@example.com requesting opt out of all marketing material.
14.3. Buzz Networks Ltd may run credit checks on the Subscriber to help it decide whether or not to grant the Subscriber credit.
14.4. Buzz Networks Ltd may also need to pass on the Subscriber’s information when required by law or regulation or by a court, regulator or other competent authority.
15.1. Buzz Networks Ltd may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
15.2. The Subscriber may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Buzz Networks Ltd .
15.3. If any court, regulator or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
15.4. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
15.5. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15.6. A person who is not a party to the Contract shall not have any rights under or in connection with it.
15.7. Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by Buzz Networks Ltd . This clause shall not apply to changes which Buzz Networks Ltd may make unilaterally under these Terms including changes made by Buzz Networks Ltd to the Services under clause 4.2 or to the Charges under clause 10.8.
15.8. A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business or sent by fax to the other party’s main fax number or such other address or fax number as may at the relevant time have been notified pursuant to this provision to the party giving the notice. Buzz Networks Ltd may notify the Subscriber by email sent to any valid email address of the Subscriber. A notice that has been properly sent or delivered in accordance with this clause will be deemed to have been received as set out in the table below. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Delivery method Deemed delivery date and time
Delivery by hand. At the time of delivery if within Normal Working Hours or if not, the next Business Day.
Pre-paid first class, recorded delivery post or other next working day delivery service providing proof of delivery. 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
Fax. At the time of transmission, if a transmission report is generated confirming that the facsimile was sent to recipient’s number and confirming that all pages were successfully transmitted.
Email. At the time of transmission.
15.9. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
16. Trade Marks
Any trade marks, names, logos and service marks contained on this website are registered and unregistered trade marks of Buzz Networks Ltd. No licence or right to use any trade mark without the prior written permission of Buzz Networks Ltd is given.