Terms and Conditions for Media Access Bureau User Bookings

This page tells you the terms and conditions that will apply to any booking that you may make in respect of any of the media access bureau’s listed on our website (“booking”) www.northernnet.org (“our site”).

Please read these terms and conditions carefully before making any booking. You should understand that by making a booking, you agree to be bound by these terms and conditions. We suggest that you print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to make a booking.

1. INFORMATION ABOUT US

www.northernnet.org is a site operated by North East Regional Aggregation Body LLP trading as “Adit North” (we). We are registered in England and Wales under number OC306507 and with our registered office at Stella House, Goldcrest Way, Newburn Riverside, Newcastle, NE15 8NY.

2. YOUR STATUS

By making booking through our site, you warrant that:

(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old; and
(c) You are resident in one of the United Kingdom;
subject to clause 8.2, if any of the above statements are untrue, we have the right to cancel any bookings that you have made through our site without liability to you.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 After placing a booking through our site you will receive an e-mail from us acknowledging that we have received your booking request. Please note that this does not mean that your booking has been accepted. Your request constitutes an offer to us to make a booking. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the booking has been accepted (the “Booking Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Booking Confirmation, citing a unique reference number for audit purposes.

3.2 The Contract will relate only to the booking(s) that we have confirmed in the Booking Confirmation. We will not be obliged to honour any other booking(s) which may have been part of your order until they has been confirmed in a separate Booking Confirmation.

4. YOUR USE OF A MEDIA ACCESS BUREAU (MAB)

4.1 Your use of any media access bureau that is the subject matter of your booking and any equipment or facilities available at the media access bureau shall be strictly limited to the dates and times specified in the Booking Confirmation. If you wish to use the media access bureau at any time other than the dates and times specified in the Booking Confirmation you must first obtain our prior written permission and you must pay for such use at an hourly rate in GBP Sterling (£), which will be advertised to potential users online and within our marketing literature; noting this may be varied and re-advertsised from time to time.

4.2 Unless the media access bureau or any equipment or facilities provided at it are unavailable due to our fault or negligence, you must pay for use of them on the dates and times stated in the Booking Confirmation regardless of whether you actually use them on these date and times.

4.3 ADIT North is not the occupier or owner of the premises where the media access bureau that is the subject of you booking is located and by accepting these terms and conditions you are agreeing to comply with any rules or regulations in force at these premises including, without limitation, those relating to security, health and safety and the conduct of visitors to the premises. The owner or occupier of the premises shall have the right to exclude you from the premises if you fail to comply with any relevant rules or regulations in force at them and, in such circumstances, you shall remain liable to pay the full price of your booking.

4.4 You are responsible for ensuring that you are competent to use the equipment and facilities available at any media access bureau. Subject to clause 8.2 below, we shall not be liable to you for any damage or loss that you suffer arising from your incorrect, or negligent use of the equipment or facilities at the media access bureau including, without limitation, loss or damage of any data or media content that you create or use with the equipment or facilities or any tape, disc or other recordable media containing the same.

4.5 Your use of any media access bureau and the equipment and facilities available at them will be monitored by us or our subcontractors to ensure that you are complying with the terms and conditions of the Contract and to ensure that the equipment and facilities are functioning properly. By accepting these terms and conditions you are consenting to your use being monitored for these purposes.

5. ACCEPTABLE USE POLICY

5.1 You must not use any media access bureau or any equipment or facilities available at them:

(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use, access, view, edit any material, data or content that infringes any applicable laws, regulations or third party rights or which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party rights;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.2 Subject to clause 8.2 below, If you breach the provisions of clause 5.1 we reserve the right to terminate the Contract immediately and without liability to you. We also reserve the right to report your activities to the police and/or any other relevant authorities.

6. CONSUMER RIGHTS

6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Booking Confirmation.

6.2 If you make a booking less than seven working days prior to the date of the booking then you may cancel the related Contract at any time prior to the date of the booking.

6.3 To cancel a Contract, you must inform us in writing. Details of this statutory right, and an explanation of how to exercise it, are provided in the Booking Confirmation. This provision does not affect your statutory rights.

7. PRICE AND PAYMENT

7.1 The price of any booking will be as stated in the Booking Confirmation, except in cases of obvious error.

7.2 Payment for all bookings must be by credit or debit card (a list of accepted forms of payment shall be displayed on the booking website and other related literature (which may vary and be re-advertsied from time to time).

8. OUR LIABILITY

8.1 Our liability for losses you suffer as a result of us breaking a Contract is strictly limited to the price you pay under that Contract.

8.2 This does not include or limit in any way our liability:

(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 8.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 8.3

8.4 Where, despite the reasonable efforts of the provider of MAB services, the user suffers unavailability (of 2 working hours or more) of the MAB service then at our discretion a Full Refund of the Booking Fee will be enacted and such monies returned to the Users account as soon as practicable. For all other instances of reported dissatisfaction, (eg; poor performance including intermittent faults leading to acknowledged unuseability of the MAB service), we reserve the right to offer either a Full Refund or other form of Service Credit to the User Account in final settlement of our obligations arising from such claim.

8.5 Whilst we are obliged to provide public access to the MAB facility, potential users are requested to highlight any need for specialised access requirements to ourselves at the time of booking or otherwise as soon as identified, in order to ensure optimal efficiency of MAB facility operations.

9. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.

10. NOTICES

All notices given by you to us must be given to Adit North at 1. herein. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 7. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

11. TRANSFER OF RIGHTS AND OBLIGATIONS

11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government.

13. WAIVER

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9.

14. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15. ENTIRE AGREEMENT

15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

16.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.

16.2 You will be subject to the policies and terms and conditions in force at the time that you place your booking, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of the date of the Booking Confirmation).

17. LAW AND JURISDICTION

Any Contract between us will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.