1. Order acceptance of a Service
1.1. To request a Service, the Customer must complete an Application on the website of Globalinternet.
1.2. The Order Confirmation send to the Customer by email after completing the Application is to acknowledge that Globalinternet has received your Application. The Order Confirmation is not an indication that your Application has been accepted by us.
1.3. Globalinternet will decide whether to accept the Application and to supply the Service to you based on: a) the availability of that Service at the requested Customer Location. The Customer must reasonably co-operate with Globalinternet to allow Globalinternet, or its supplier, to determine the availability of the Service at the Customer Location, b) Customer meeting our credit requirements c) Globalinternet’s receipt of the Initial Payment and b) the accuracy of the information provided to us by Customer.
1.4. Globalinternet may refuse the Customer’s Application at its sole discretion. Upon refusal, Globalinternet will send the Customer an Application Cancellation and the Money Back Guarantee is applicable.
1.5. At acceptance by Globalinternet of the Customer’s Application, Globalinternet will send the Customer a Service Delivery Confirmation.
2. Delivery of the Service
2.1. The Customer must reasonably co-operate with Globalinternet to allow Globalinternet, or its supplier, to supply the Service to the Customer safely and efficiently. We or our suppliers will give you reasonable notice by email or telephone of the approximate time and date when access to your premises is required. If you are not the owner of the premises, you must obtain the owner’s consent for the Service (including equipment) to be installed.
2.2. Globalinternet shall use reasonable endeavours to ensure the Service Start Date occurs within the Installation Time, as specified on the Service Delivery Confirmation.
2.3. Globalinternet is not liable for any cost or consequential loss resulting from Globalinternet failing to deliver within the agreed Installation time.
2.4. If the Service Start Date of the Service is delayed due to reasons not attributable to Globalinternet. Globalinternet reserves the right to commence charging the Charges from the date Globalinternet has informed the Customer that Globalinternet is ready to deliver the Service.
2.5. If the Service is delivered without on-site installation, the CPE will be shipped to the Subscriber and will arrive prior to the Service Start Date. It will be the Customer’s responsibility to install and activate the Service.
2.6. Globalinternet shall use all reasonable endeavours to comply with Customer requests in respect of the location of the CPE but Globalinternet’s reasonable decision on this matter shall be final and binding.
3. Use of the Service
3.1. Globalinternet will provide the Service to the Customer with reasonable care and skill. In the event of unexpected faults Globalinternet will use reasonable endeavours to ensure the Service is restored as soon as possible.
3.2. When using the Service, the Customer must comply with the Acceptable Use Policy
3.3. The Customer’s use of the tools and systems provided by Globalinternet as, for instance, our online support system and our Online Monitoring Tool are provided as is, with no warranty whatsoever to the Customer. The Customer is responsible to use the tools in accordance with the Acceptable Use Policy and is expected to follow all instructions provided by Globalinternet for the use of our tools. These tools are provided without a warranty of any kind. Globalinternet disclaims all warranties, express or implied.
3.4. Customer will not, and shall use all its reasonable endeavours to ensure that others do not take any action prohibited by the applicable software license.
3.5. Globalinternet aims to provide, but does not guarantee a continuous or fault-free service. Globalinternet strives, but does not guarantee, to deliver the Service within the Service Levels as specified on the Service Delivery Confirmation and the Agreement. The Customer agrees that there will be no compensation in case of deviation from the Service Levels.
3.6. Globalinternet will provide a 24 hour fault reporting service for the Customer to report faults. Before the Customer reports a fault to Globalinternet, the Customer must take all reasonable steps to ensure that the fault is not caused by any reason under the control of the Customer.
3.7. The Customer must provide all reasonable assistance to enable Globalinternet or it’s supplier to conduct maintenance or to investigate and where applicable repair a fault including providing them with adequate and timely access to the Premises.
3.8. The Customer must ensure that all Customer Equipment used in connection with the Service and the way the Customer uses that Customer Equipment complies with the Acceptable Use Policy;
3.9. Any Globalinternet owned equipment, including but not limited to CPE, remains Globalinternet’s property; the equipment must be returned to Globalinternet in good working order as soon as practicable after cancellation of the Service;
3.10. Any Globalinternet owned equipment must be kept at designated Customer Location and stationary at all times;
3.11. The Customer must provide an adequate and suitable space, power supply and environment for all equipment used in connection with the Service and located on the Premises. The Customer is responsible for any lost, stolen or damaged Globalinternet owned equipment.
4. Term and cancelling the Service
4.1. This Agreement shall be valid from the date of Order Confirmation, and continues to remain in force for the Initial Term and any Renewal Term thereafter (unless terminated earlier in accordance with the terms of this Agreement). The Initial Term shall commence on the Service Start Date.
4.2. Parties may cancel the Service by giving notice to the other Party, in accordance with the notice period as specified on the Order Confirmation after the end of the Initial Term and/or Renewal Term of the Agreement;
4.3. Globalinternet may suspend or cancel the Service at any time, without liability, if the Customer breaches a material term of the Agreement and the Customer fails to remedy that breach;
4.4. If the Service is cancelled after Service Delivery Confirmation, the Customer is liable for any charges incurred up to the Initial Term or the Renewal Term, whichever is applicable;
5. Fees and charges
5.1. The Customer must pay the fees and charges in the Invoice Currency for the Service, as set out in the Service Delivery Confirmation even if the Customer did not authorise its use, if the Service is unavailable or the Customer is unable to access the Service.
5.2. In addition to the fees and charges the Customer incurs as stated in the Agreement, Globalinternet may charge the Customer late payment fees or reconnection fees.
5.3. The Customer must pay the entire amount on the invoice before the due date specified on the invoice, as well in the event the Customer has authorized Globalinternet to collect payments by means of a credit card and Globalinternet fails to collect payments;
5.4. Globalinternet will invoice the Installation Charges and Monthly Charges in advance, any other Charges are invoiced in arrears.
5.5. Globalinternet may also ask the Customer to make a pre-payment charge or a deposit(including, for example, if there has been an unusually high use of the Service).
5.6. Globalinternet will calculate fees based on billing information generated or received by Globalinternet which will be prima facie evidence of the Customer’s use of the Service and the fees and charges incurred.
5.7. Some fees and charges for the Service are subject to variation such as charges relating to: a) exceeding the datalimit as specified in the Service Delivery Confirmation and b) the usage of the voiceline that is delivered with the Service. These variable charges will be calculated based on the quantities used by the Customer multiplied by the cost per unit and will be invoiced to the Customer monthly in arrears.
5.8. All Charges and any other fees under this Agreement are exclusive of Value Added Tax (VAT) or any similar indirect or Taxes that may be applicable. If any VAT or similar Taxes are chargeable by Globalinternet, this will be added to the applicable Charges (by way of separate invoice, if those charges have already been invoiced) and shall be paid in addition by the Customer.
6. Static IP Addresses
6.1. The Static IP addresses that are allocated to the Customer are for use in connection only with the Service and the Customer will not gain any ownership rights in those IP addresses. The Customer must not sell them or agree to transfer them to anyone else or try to do so. If the Contract is terminated for any reason the IP addresses will revert to Globalinternet
7. Money Back Guarantee
7.1. If the Service is not available at the Customer Location due to reasons not attributable to the Customer or the Application is not accepted by Globalinternet, and Globalinternet has received Initial Payment for the delivery of that Service, Globalinternet will reimburse the Initial Payment to the Customer.
8.1. The Customer is liable to Globalinternet for any breach of the Agreement that causes foreseeable loss to Globalinternet.
8.2. With the sole exception of intentional misconduct, Globalinternet shall under no circumstances be held liable, whether in contract, tort (including negligence) or otherwise, for any indirect loss, damage or expense, including, without limitation, loss of profits, revenues, goodwill, management time, or anticipated savings or any other form of indirect or consequential damages resulting from Globalinternet’s failure to perform its contractual obligations and/or arising from any negligent conduct in connection with such performance and/or arising from or in connection with any unavailability, delay, interruption, disruption, or degradation in or of the Services, nor for any loss, destruction or degradation of information.
8.3. Nothing in this Agreement excludes or restricts a Party’s liability for death or personal injury caused by the negligence of that Party.
9.1. The Agreement is governed by the laws of the Netherlands;
9.2. In the event of conflict between the terms and provisions of any of the documents, the terms and conditions of the Service Delivery Confirmation shall prevail, followed by the Order Confirmation, the Terms and Conditions for online Applications than followed by the Application.
9.3. Globalintrernet has the right to change the terms of these Terms and conditions for Online Applications by giving Customer notice in writing (which may be given on the website).
9.4. Globalinternet believes these terms and conditions for on-line applications are fair. If any part proves not to be legally valid because it is unfair, it will not affect the rest and we are entitled to treat that term as changed in a way that makes it fair and valid.
“Acceptable Use Policy” means Globalinternet’s Acceptable Use Policy which is available at www.globalinter.net as amended from time to time;
“Agreement” means the Order Confirmation, these Terms and conditions for online Applications, the Service Delivery Confirmation and the Service Description;
“Application” means the Customer’s online application to Globalinternet for the provision of the Service which sets out the required service and the details of the Customer required for Globalinternet to provision the required service;
“Application Cancellation” means the cancellation by Globalinternet of the Customer’s online Application;
“Base Currency”is the currency applicable to the Charges, as set out in the Service Delivery Confirmation
“Charges” means the charges, fees, costs and expenses payable under this Agreement as set out in the Service Delivery Confirmation;
“Customer” means the business or non-profit organisation or other entity identified in the Application;
“Customer Equipment” means any equipment, and any software embodied therein, not forming part of the Customer Premise Equipment and used by Customer in conjunction with any Equipment in order to obtain or use the Service;
“Customer Location” means a location identified in the Application as Customer Location, for the purpose of the delivery and activation of the Service;
“Customer Premise Equipment” “CPE” means any equipment, and any software embodied therein, that is sited on the Customer Location that is supplied by Globalinternet;
“Initial Payment” is the Installation Charge and the first monthly Charge, unless stated different on the Service Delivery Confirmation;
“Initial Term” means the period of time for which the Customer has agreed to receive the Service as stated on the Service Delivery Confirmation and begins on the Service Start Date;
“Installation Charge” means the non-recurring Charges payable by the Customer for the installation of the Service(s) as provided in the Service Delivery Confirmation;
“Installation Time” means the period of time required by Globalinternet to deliver the Service at the Customer Location starting at the date of the Service Delivery Confirmation;
“Invoice Currency” is the option available to the Customer to have the Charges of a Service invoiced in a currency of choice. In the event the Customer chooses on the Application to pay the Charges in a different currency than the Base Currency, the payable amounts in the Invoice Currency will be the Charges in the Base Currency, as specified on the Service Delivery Confirmation, multiplied by the applicable exchange rate, as specified on the website of Globalinternet.
“Globalinternet” means Globalinternet and its suppliers;
“Globalinternet Network” means the network used to deliver the Service which is owned or operated by Globalinternet and its partners from time to time;
“Liability” means liability in or for breach of contract, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement;
“Money Back Guarantee” means Globalinternet’s conditions for reimbursing the Initial Payment to the Customer
“Monthly Charge” means the monthly recurring charges payable by the Customer for the provision of the Service(s) by Globalinternet, as set out in the Service Delivery Confirmation;
“Order Confirmation” means the confirmation by Globalinternet of the receipt of the Customer’s online Application;
“Parties” means Globalinternet and Customer, and “Party” shall mean either Globalinternet or the Customer, as the context requires;
“Renewal Term” is the period as specified on the Order Confirmation, commencing upon expiry of the Initial Term or any subsequent expiry of the Renewal Term;
“Service” means the service as specified in the Order Confirmation. The Service includes any options and equipment provided by Globalinternet to the Customer;
“Service Delivery Confirmation” means the confirmation by Globalinternet of the acceptance of the Application;
“Service Levels” means the service levels as set out on the Order Confirmation;
“Taxes” means any charges imposed by any taxing or government authority;
“VAT” means Value Added Tax or any other similar sales or transaction tax;