5853 BT Freestyle 4100 UG [3] 12/1/04 12:47 pm Page 78
BT Freestyle 4100 – Issue 2 – Edition 3 – 12.01.04 – 5853
78 SMS Service Conditions
7. LIMITATION OF LIABILITY | 8. MATTERS BEYOND REASONABLE CONTROL |
7.1Bizzyline 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.
7.2Bizzyline 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.
7.3Bizzyline’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.
7.4Bizzyline 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.
7.5Bizzyline 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.
7.6Each 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.
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
10.BREACHES OF THIS CONTRACT
10.1Either 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.
10.2If any of the events detailed in paragraph 11.1 occur because of the Customer or an Authorised User,