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BT Freestyle 4100 – Issue 2 – Edition 3 – 12.01.04 – 5853
7. LIMITATION OF LIABILITY
7.1 Bizzyline accepts unlimited liability for death or
personal injury resulting from its negligence and
paragraphs 7.2 and 7.3 do not apply to such liability.
7.2 Bizzyline is not liable to the Customer, either in
contract, tort (including negligence) or otherwise for
direct or indirect loss of profits, business or antici-
pated savings, nor for any indirect or consequential
loss or damage or for any destruction of data.
7.3 Bizzyline’s liability to the Customer in contract, tort
(including negligence) or otherwise in relation to this
Contract is limited to £1,000 for any one incident or
series of related incidents and to £2,000 for all inci-
dents in any period of 12 months.
7.4 Bizzyline excludes all liability of any kind in respect
of any material which can be accessed using the
Service and is not responsible in any way for any
goods (including software) or services provided by
third parties advertised, sold or otherwise made
available by means of the Service.
7.5 Bizzyline is not liable to the Customer either in
contract, tort (including negligence) or otherwise for
the acts or omissions of other providers of telecom-
munications or services or for faults in or failures of
their equipment.
7.6 Each provision of this Contract, excluding or limiting
liability, operates separately. If any part is held by a
court to be unreasonable or inapplicable, the other
parts shall continue to apply.
8. MATTERS BEYOND REASONABLE CONTROL
If Bizzyline is unable to perform any obligation under
this Contract because of a matter beyond its reason-
able control such as lightning, flood, exceptionally
severe weather, fire, explosion, war, civil disorder,
industrial disputes (whether or not involving its
employees), or acts of local or central Government or
other competent authorities, or events beyond the
reasonable control of its suppliers, it will have no
liability for that failure to perform.
9. TERMINATION OF THIS CONTRACT BY
NOTICE
Either party may terminate this Contract on 14
days’ notice to the other, without prejudice to any
rights that may have accrued before termination.
Upon termination (for whatever reason), Bizzyline
may re-allocate any information associated with the
terminated Service.
10. BREACHES OF THIS CONTRACT
10.1 Either party may terminate this Contract or the
provision of Service under it without notice if the
other:
(a) commits a material breach of this Contract,
which is capable of remedy, and fails to remedy
the breach within a reasonable time of a written
notice to do so;
(b) commits a material breach of this Contract
which cannot be remedied; or
(c) is repeatedly in breach of this Contract.
10.2 If any of the events detailed in paragraph 11.1 occur
because of the Customer or an Authorised User,
SMS Service Conditions
5853 BT Freestyle 4100 UG [3] 12/1/04 12:47 pm Page 78