BT 4100 SMS manual Changes to this Contract

5853 BT Freestyle 4100 UG [3] 12/1/04 12:47 pm Page 79

BT Freestyle 4100 – Issue 2 – Edition 3 – 12.01.04 – 5853

SMS Service Conditions 79

Bizzyline may suspend the Service without prejudice to its right to terminate this Contract. At its sole discretion, Bizzyline reserves the right to suspend or terminate any Authorised User’s use of the Service as an alternative remedy to immediate suspension or termination of the Contract.

This remedy is without prejudice to Bizzyline’s right subsequently to suspend or terminate the Contract. Bizzyline may refuse to restore Service which has been suspended under this paragraph until it has received assurances satisfactory to Bizzyline that the breach has been remedied and will not be repeated.

10.3Termination under this paragraph is without preju- dice to any rights that may have accrued before termination.

10.4If either party delays in acting upon a breach of this Contract that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Contract that waiver is limited to that particular breach.

10.5Upon termination (for whatever reason), Bizzyline may re-allocate any information associated with the terminated Service.

11.CHANGES TO THIS CONTRACT

Bizzyline can change the Conditions of this Contract at any time on 14 days’ notice to the Customer.

12.ASSIGNMENT

Neither party may assign or transfer any of its rights or obligations under this Contract, without the written consent of the other, except that Bizzyline may assign its rights or obligations (or both) to a Bizzyline Group Company without consent.

13.ENTIRE AGREEMENT

This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.

14.NOTICES

Notices given under this Contract may be delivered on-line, in writing or by SMS message; notices will be deemed effective on the date of publication, or otherwise as notified to the Customer by Bizzyline. A notice from Bizzyline which is sent by SMS to the Customer’s SMS mailbox will be deemed effective 3 days after the date it is sent. A notice from the Customer to Bizzyline will be deemed effective when received by Bizzyline at the address on these Terms and Conditions.

15.DATA PROTECTION CONSENT

By accepting the terms and conditions of this Contract, the Customer grants Bizzyline and its agents processing data on Bizzyline’s behalf, permission, in accordance with the Data Protection Acts 1984 and 1998, to send the Customer unso- licited advertising and promotional material pertaining to other Bizzyline products and services and to third-party products and services selected by Bizzyline. The Customer may revoke permission to Bizzyline and its agents to send the Customer unso- licited advertising and promotional material pertaining either to other Bizzyline products and services or to third party products and services, or both, by writing to us at the address on these Terms and Conditions.