When the following words with capital letters are used in this Agreement, this is what they will mean:
|“Agreement”||the Cover Sheet and these legal terms and conditions;|
|“Customer”, “You” and “Your”||the person purchasing the Service or Services;|
|“Customer Equipment”||the equipment that You use (such as a TV) in connection with the Service(s) or Sentab Equipment;|
|“Event Outside Our Control”||any act or event beyond Our reasonable control, including without limitation causes attributable to You or Your Premises, strikes, lock-outs or other industrial action by third parties, government action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, severe weather conditions, earthquake, subsidence, epidemic or other natural disaster, vandalism to Our network, or failure of public or private telecommunications networks;|
|“Price List”||as set out in the Price List available at: www.sentab.com/shop;|
|“Sentab”, “We,” “Us” or “Our”||Name - Sentab Ltd, a UK establishment office of a company established in Estonia with its registered office address at Hill Place House, 55A High St, Wimbledon, London, SW19 5BA, England and company registration no. FC032457 |
Principal Office - Hill Place House, 55A High St, Wimbledon, London, SW19 5BA, England
E-mail address - email@example.com
|“Sentab Equipment”||any Sentab equipment such as set-top boxes, cameras, digital adapters, remote controls hired or purchased by the Customer from Sentab and excluding Customer Equipment; and|
|“Service(s)”||the Sentab social networking service and any other Services that Sentab may provide to You from time to time, including the Sentab owned or controlled websites such as Sentab.com and all apps delivered by Sentab.|
2. ABOUT THIS AGREEMENT
2.3 Please read this Agreement carefully and make sure that You understand it, before ordering the Service(s) and/or the Sentab Equipment. Please note that before placing an order You will be asked to agree to this Agreement. Please tick the box marked “I Accept” when confirming Your order online if You agree to be legally bound by these terms and conditions. Please understand that if you refuse to accept this Agreement, You will not be able to order the Service(s) and/or the Sentab Equipment.
2.4 If You are accessing this Agreement online, You should print a copy of this Agreement or save it for future reference.
2.5 We amend this Agreement from time to time as set out in clause 3. Every time You wish to order the Service(s) and/or the Sentab Equipment, please check this Agreement on Our website to ensure You understand the Agreement which will apply at that time. This Agreement was most recently updated on August 1st, 2016.
2.6 You may only order the Service(s) and/or the Sentab Equipment if You are at least 18 years old.
3. CHANGES TO THIS AGREEMENT
3.1 We can make changes to this Agreement, including in relation to any of the Service(s) that We provide to You or the Price List, on 30 days’ notice to You unless We need to make a change on shorter notice for regulatory reasons. The notice may be provided by e-mail, in a newspaper, on Sentab’s webpage www.sentab.com, or by other permitted communication.
3.2 If We make a significant change to this Agreement which has a material and negative impact on the Service(s) that We provide to You (e.g. a significant reduction to the Service(s)), You may terminate this Agreement by giving Us notice at any time up to the date of expiry of Our notice to You notifying You of the change. However, if You continue to receive the Service(s) after the change, We will consider this Your acceptance of the change.
4.1 There are no monthly recurring charges for Sentab Services upon buying Sentab Equipment and using basic Sentab Services activated thereupon. The charges will apply if you choose to subscribe to any paid services offered by Sentab or its partners though an identifiable process and your separate confirmation.
4.2 If you choose to subscribe to any of our monthly charged services, our charges and the Service(s) will commence from the date of activation and continue for 30 day periods and thereafter for periods of 30 days.
4.3 You must have Internet access and provide Us with a current, valid, accepted method of payment (as such may be updated from time to time) to use the Service(s).
4.4 Sentab may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations, which will last for any minimum term We agree with You.
4.5 If you have subscribed to paid services, Sentab will begin billing Your payment method that You have provided to Sentab at the time of you enrolling into subscription. Sentab will continue to bill Your payment method or send You invoices subject to obligatory payment obligation on a monthly basis for Your subscription fee until this Agreement is cancelled by You or Us.
4.6 We may have to suspend the Service(s) if We have to deal with technical problems, or to make improvements agreed between You and Us in writing to the Service(s). We will contact You to let You know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Service(s) while they are suspended under this clause but this does not affect Your obligation to pay for any invoices We have already sent You.
4.7 In the unlikely event that there is any defect with the Service(s) or the Sentab Equipment:
4.7.1 please contact Us and tell Us as soon as reasonably possible;
4.7.2 please give Us a reasonable opportunity to repair or fix any defect; and
4.7.3 We will use every effort to repair or fix the defect as soon as reasonably practicable.
4.8 As a consumer, You have legal rights in relation to Service(s) not carried out with reasonable skill and care, or if the materials We use or the Service(s) that we provide are faulty or not as described.
5. CHARGES AND BILLINGS
5.1 Charges You must pay
5.1.1 The price of Sentab Equipment at the moment of purchase.
5.1.2 In case you subscribe to paid services, You agree to pay all charges associated with the Service(s) as set out in the Price List or notifications for acceptance.
5.1.3 The charges set out in the Price List include VAT (if applicable). However, if the rate of VAT changes between the date of accepting this Agreement and the date of delivery or performance, We will adjust the rate of VAT that You pay, unless You have already paid for the Service(s) in full before the change in the rate of VAT takes effect.
5.1.4 Any payments that You make to Us are for all of the Service(s) and/or Sentab Equipment and We may apply any payments that We receive against any amounts that You owe to Us.
5.1.5 You agree that You are responsible for all charges to Your account regardless of whether You or anybody else incur those charges (with or without Your permission).
5.1.6 We agree to collect payment on behalf of third parties where You have agreed to obtain services from third parties and We agree to collect the payments on their behalf. We will not be responsible for any dispute regarding any matter between You and the third party, including in respect to the services, charges or other matters but We will endeavour to seek to assist You to resolve the dispute as We determine in Our discretion.
5.2 How We will bill You
5.2.1 You agree that We can automatically collect payments from Your account as per the plan you have chosen.
5.2.2 You agree that We may alter Your credit or debit card instruction if Your Service(s) change for any reason.
5.2.3 Use of Your credit or debit card is governed by the card issuer agreement and You must refer to that agreement for Your rights and liabilities as a cardholder.
5.2.4 If you have subscribed to our paid services, we will bill You either per on-demand purchase or monthly in advance for the Service(s) depending on the nature of such Service(s) and for such other Service(s) We agree to provide to You. You must make sure you have such amount of monies on the credit card to cover the payment for the Service(s).
5.2.5 Sentab reserves the right to change the timing of the billing, in particular, if Your payment method has not successfully settled or if there is any other similar reason.
5.2.6 You acknowledge that the amount billed each month may vary from month to month and You authorise Sentab to charge Your payment method for such varying amounts, which may be billed monthly in one or more charges.
5.3 Third-Party charges that are Your responsibility
5.3.1 You agree that You are solely responsible for all charges payable to third parties for services or content provided by those third parties (e.g. charges levied by Your Internet service provider, phone provider or other online service and content providers). You agree that We do not have any responsibility for third party content or services. In addition, You are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions.
5.3.2 Where any usage allowance is imposed by Your Internet service provider, You are responsible for making sure that You do not use more than Your allowance and We are not responsible for any consequences as a result of Your failure.
5.4 Late or failed payments
5.4.1 If for any reason Sentab does not receive payment from You for the Service(s) by the payment due date, we will send You one reminder after failure to pay. If We do not receive payment within 5 days after the second reminder, We reserve the right to suspend or disconnect Your paid Services.
5.4.2 If We agree to resume providing the Service(s) to You after any suspension, We may require You to pay such fees that reflects the costs that We incur with reinstating the Service(s).
5.5 Your responsibilities concerning billing questions.
If You intend to dispute a charge or request a billing credit, You must contact Sentab within thirty (30) days of the date on the invoice or billing.
5.6 Our right to make credit checks.
You authorise Sentab to carry out credit checks on You with credit reference agencies at any time. The record of such checks that We carry out will be recorded by the agencies. We may use the information that We receive to confirm Your identity, prevent money laundering or fraud and make credit decisions about You. We will pass Your details to governmental authorities if false and inaccurate information is provided and fraud is identified.
6. CUSTOMER EQUIPMENT
6.1 Responsibility of Customer Equipment:
Sentab has no responsibility for the operation or support, maintenance, or repair of any Customer Equipment including, but not limited to, Customer Equipment to which Sentab or a third party connected to or controlled by Sentab has sent software, firmware, or other programs for the purpose to provide Service(s) to You and to the extent as described in this Agreement. You agree that by using the Service(s), You are enabling and authorising (i) Sentab, its authorised agents and equipment manufacturers to send code updates to Sentab Equipment and Customer Equipment, including, but not limited to set-top boxes and digital televisions at any time it is determined necessary to do so as part of the Service(s); and (ii) Sentab and its authorised agents to use the Sentab Equipment and Customer Equipment to provide the Service(s) to You and others. Such code updates may change, add or remove features or functionality of any such equipment or the Service(s).
6.2 You acknowledge and understand the Service(s) may not be compatible with non-recommended configurations which are specified at the web page www.sentab.com requirements including, but not limited to, any other set-top boxes; Customer Equipment, including, but not limited to, non-voice communications equipment, including certain makes or models of alarm and security systems or devices, certain medical monitoring devices, personal emergency alert, and home detention devices; rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as private branch exchange (PBX) equipment, answering machines, and traditional Caller ID units. In order to use the Service(s), You are required to plug Sentab Equipment into an electrical power outlet and make sure the power is available.
6.3 Non-Recommended Configurations:
Customer Equipment that does not meet Sentab’s minimum technical or other specifications constitutes a “Non-Recommended Configuration.” Neither We nor any of Our affiliates, suppliers, agents or resellers guarantee that a non-recommended configuration will enable You to successfully install, access, operate, or use the Service(s). You acknowledge that any such installation, access, operation, or use could cause Customer Equipment to fail to operate or cause damage to Customer Equipment, You, Your Premises or Sentab Equipment. Neither Sentab nor any of its affiliates, suppliers, agents or resellers shall have any liability whatsoever for any such failure or damage unless it has been caused by Our negligence or Our agents or contractors. Sentab reserves the right to deny You fully the customer support for the Service(s) and/or terminate Service(s) if You use a Non-Recommended Configuration.
7. END USER SOFTWARE LICENCES IN THE SENTAB EQUIPMENT
Your use of the software, firmware, and other programs contained within the Sentab Equipment, and of any other software or plug-ins to such software distributed or used in connection with the Service(s) shall comply with the terms of the Sentab software licence agreements which in case such software is used, these will published at www.sentab.com, and any other end user licence agreements accompanying such software, as such agreements may be amended from time to time. All such agreements are incorporated in this Agreement by reference if used in the Service(s) or Sentab Equipment respectively. When this Agreement terminates, all end user licences also terminate; You agree to destroy at that time all versions and copies of all software received by You in connection with the Services.
8. USE OF SERVICE(S)
8.1 You agree that the Service(s) and the Sentab Equipment will be used only for personal, residential, non-commercial purposes, unless otherwise specifically authorised by Us in writing.
8.2 You agree that You will not resell or permit another to resell the Service(s) in whole or in part.
8.3 You will not use or permit another to use the Sentab Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted Sentab policy applicable to the Service(s). Use of the Sentab Equipment or Service(s) for transmission, communications or storage of any information, data or material in violation of any state or local regulation or law is prohibited.
8.4 You acknowledge that You are responsible for use of the Service(s) and the Sentab Equipment and agree that You shall be responsible for any transactions made through or in connection with the Service(s).
9. TERMINATION OF THIS AGREEMENT
9.1 You may cancel this Agreement at any time.
9.2 If You die this Agreement will terminate immediately on the day that We are notified of Your death.
9.3 You can cancel this Agreement through https://account.sentab.com or by contacting us at the above e-mail, postal address and/or telephone number. If You are e-mailing Us or writing to Us please include details of Your order to help Us to identify it. If You send Us Your cancellation notice by e-mail or by post, then Your cancellation is effective from the date We receive the e-mail or the letter.
Suspension and termination by Sentab
9.4 We reserve the right, to act immediately and without notice, to terminate or suspend the Service(s) and/or to remove from the Service(s) any information transmitted by or to any authorised users (e.g., voice messaged) if:
9.4.1 You have broken the terms of this Agreement;
9.4.2 Your use of the Service(s) violates any laws, regulations, or instructions for use; or
9.4.3 Your use of the Service(s) interferes with or endangers the health and/or safety of Our personnel or third parties.
Your obligations upon termination
9.5 You agree that upon termination of this Agreement You will do the following:
9.5.1 You will immediately cease all use of the Service(s);
9.5.2 You will immediately cease all use of the Sentab Equipment that We have hired to You;
9.5.3 You will pay in full for Your use of the Service(s) up to the date that this Agreement has been terminated and the Service(s) are disconnected; and
10. LIMITATION OF SENTAB’S LIABILITY
10.1 We do not exclude or limit in any way Our liability for:
10.1.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
10.1.2 fraud or fraudulent misrepresentation;
10.1.3 breach of implied terms that cannot be excluded by law; or
10.1.4 defective products under the Consumer Protection Act 1987.
10.2 We will not be liable for:
10.2.1 any indirect loss or any loss which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Agreement;
10.2.2 any business loss of profit, loss of business, business interruption, or loss of business opportunity;
10.2.3 lost or destroyed data or software;
10.2.4 any failure to perform, or delay in performance of, any of Our obligations or the provision of the Service(s) that is caused by an Event Outside Our Control;
10.2.5 direct physical damage to Your Premises or the Customer Equipment unless it is caused by Our negligence or that of Our employees, agents or subcontractors in the course of installation or performance, in which case Our liability for Our negligence or that of Our employees, agents or subcontractors is limited to £500;
10.2.6 the cost of repairing any pre-existing faults or damage to the Premises that We discover in the course of installation and/or performance by Us; or
10.2.7 the provision of any products or services by third parties.
11.2 To the extent Sentab is expressly required to do so by applicable law, We will provide notice to You of a breach of the security of certain personally identifiable information about You.
12. OTHER IMPORTANT TERMS
12.1 Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining clauses will remain in full force and effect.
12.2 You agree to provide Us with information that is accurate, complete and current, including without limitation Your legal name, address, telephone number(s), the number of devices on which or through the Service(s) is being used, and payment data (including without limitation information provided when authorising recurring payments). You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that You have provided to Us.
12.4 This Agreement is personal to You and You may not transfer Your rights or obligations to any other person. We may transfer Our rights and obligations under this Agreement to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under this Agreement.
12.5 No other person shall have any rights to enforce any of its terms.
12.6 If We fail to insist that You perform any of Your obligations under this Agreement, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
12.7 This Agreement is governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.