STANDARD TERMS AND CONDITIONS
SCOTNET LTD

Effective date – 1/9/20

1. Application of Conditions
(a) The following conditions constitute all the terms and conditions under which the Supplier trades and
supplies its services and related products to the exclusion of any other terms and conditions on which any
other documentation from the Customer may have been submitted or subject to which any Order Form
or other proposal is accepted or purported to be accepted by the Customer. These Conditions, in
conjunction with the details shown on the Order Form represent the entire agreement between the
parties and form a binding contract between the Supplier and the relevant Customer, subject to Clause
6(b).
(b) No amendment will be made to these Conditions without the agreement in writing of both parties.
Any agreed amendments will not invalidate the remainder or the whole of these Conditions which shall
continue in full force and effect.
2. Definitions and Interpretation
In the Contract, unless the context otherwise requires, the following terms shall have the following
meanings:
“Conditions” the conditions contained on these pages and on the face of the Order Form together with
any other conditions stipulated in writing by us;
“Connected Carrier” means an owner, occupier or operator of any physical infrastructure used by the
Supplier in the delivery of the service;
“Contract” means the contract between the Supplier and the Customer incorporating these Conditions,
the Order Form and the Standard Charges;
“Contract Term” means the period during which the Supplier is contracted to provide the Service as
specified in the Order Form and detailed in Clause 3.2;
“Customer” means the person identified on the Order Form as the Customer which shall be a party to this
Contract and for which an authorised signature appears. The Supplier shall be entitled to rely on the
signature on behalf of the Customer of a person reasonably appearing to the Supplier to act with the
Customer’s authority;
“Equipment” means equipment which is supplied by or on behalf of the Supplier to the Customer or
placed at or on Site(s) for the purpose of providing the Service;
“Indemnify” means indemnify and hold harmless in respect of all costs, claims, liabilities, damages,
costs and expenses (including but not limited to legal costs on a solicitor and client basis) incurred
directly or indirectly out of the breach or event specified;
“Internet” means the global data network comprising interconnected networks using TCP/IP
(Transmission Control Protocol/Internet Protocol) “Internet Standards” means the protocols and
standards defined in the following Internet documents : RFC 1009, 1122, 1123 and 1250 and any
future such protocols and standards as appropriate;
“Name” means any name specifically allocated to or requested by the Customer including but not
limited to any domain name or mailbox name;
“Order Form” means the Supplier’s order form for the provision of the Service to which these Conditions
are attached which sets out details of the nature and scope of the Service;
“Provider” means any organisation or person providing goods or services to the Supplier;
“Resold Services” means the Customer allowing access to the Service by third parties in the terms set out
in Clause 3;
“Service” means the service provided by the Supplier whereby the Customer may gain access to the
Internet or telephone services via a telecommunications system and where applicable any means or
facilities provided to the Customer (including but not limited to the Equipment and the Software) in
connection with the Service, all as more particularly described in the Order Form;
“Site(s)” means the premises or location at which the Service is used or is to be used by the Customer
under this Contract;
“Software” means and any all software provided by the Supplier which is required to use the
Service, whether or not proprietary to the Supplier;
“Standard Charges” means the Supplier’s current published prices for products and services as amended
by the Supplier from time to time;
“Supplier” means Scotnet.co.uk Ltd, registered in Scotland, Company Number SC212981 with its
registered office at Scotnet Operations Centre, Mackintosh Road, Inverness, IV2 3TX;
“Supplier’s Network” means the network of computers connected to the Internet operated by the
Supplier;
“User Documentation” means any and all user documentation, instructions and/or manuals supplied by
the Supplier to aid the use of the Service by the Customer;
References to Clauses shall mean the clauses of these Conditions and headings are for ease of
reference only and shall not affect interpretation. The singular shall include the plural and vice versa.
3. The Service
3.1 Provision of Service
(a) Connection to the Service shall be via a fixed telecommunications link, radio transmission or Public
Switched Telephone Network only. The customer is responsible for obtaining all computers and other
equipment or services necessary to use the Service except for those specified in the Order Form.
(b) The accessing of information and services provided by third parties via the Service may be subject to
those third parties’ terms and conditions (including but not limited to conditions regarding payment). The
Customer is responsible for compliance with those terms and conditions and shall Indemnify the Supplier
in respect of any breach of this Clause 3.1(b);
(c) Communications from the Customer relating to the provision of the Service shall, unless otherwise
agreed, be made or confirmed in writing or by electronic mail;
(d) The Supplier will use its reasonable endeavors to adhere to any dates proposed by either the Supplier
or (with the Supplier’s agreement) the Customer for the commencement of the provision of the Service.
However any such dates are estimates only and the Supplier accepts no liability for failure to meet such
dates;
(e) The Supplier will use its reasonable endeavors to provide the Service without material interruption
during the Contract Term. However, it is not practicable to provide such a Service free of faults and the
Supplier does not undertake to do so. In the event of a fault in the Service, the Customer shall report the
fault by telephone or electronic mail to the Supplier’s technical support desk during its usual working
hours at that time (currently 9am to 6.00pm GMT Monday to Friday) at the appropriate numbers or
addresses given to the Customer for that purpose (or such other numbers or addresses as the Supplier
may from time to time provide). As soon as reasonably practicable after receipt of each fault report, the
Supplier will take all reasonable steps without undue delay to correct (or advise the Customer how to
correct) the fault in question where this is capable of correction by the Supplier or the Customer;
(f) The Customer shall remain liable for any and all charges for the Service notwithstanding that the
Customer is unable to use the Service for any period of time unless the reason that the Customer is
unable to use the Service is wholly attributable to the Supplier’s negligence or willful default or omission;
(g) Where the Service is provided by means of an authenticated connection, the Supplier shall allocate a
password to the Customer to enable it to use the Service. The Customer shall be responsible and liable for
all use of the Service through the Customer’s password (including without limitation all charges incurred
and any breaches of the terms of this Agreement) even where the Service is not actually used by the
Customer but by some other person or organisation using the Customer’s password;
(h) The Customer will keep its password confidential and will immediately notify the Supplier if any
unauthorised third party becomes aware of that password;
(i) The Supplier may at any time, at its discretion:
(1) temporarily suspend or restrict access to the Service for the purpose of repair, maintenance or
improvement or implementation of new facilities or data archival;
(2) give or update instructions to the Customer regarding the use of the Service which in the Supplier’s
reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of the
Service to customers (which the Customer shall comply with) and any such instructions shall whilst they
are in force, be deemed to form part of this Contract; and/or
(3) vary the technical specification of the Service for operational reasons, However, in relation to Clauses
2.1(i)(i) and 2.1(i) (iii) set out above, the Supplier undertakes that prior to carrying out such activities the
Supplier will give as much on-line, written or oral notice to the Customer as is reasonably practicable in
the circumstances and the Supplier will use reasonable endeavours to restore the Service as soon as
reasonably practicable after any suspension in the terms outlined above;
(j) The Customer shall allow any person accredited by the Supplier, on production of appropriate
authorisation, free and safe access to the Site (and to all personnel reasonably necessary to enable the
Supplier to perform the Service) at all reasonable times for the purposes of providing, repairing,
maintaining and/or disconnecting the Service. The Customer shall provide all other information that the
Supplier may reasonably require in order to facilitate the performance of the Service by the Supplier. In
relation to cabling and other installation work required, the Customer shall be responsible for obtaining
all consents, servitudes, rights of way and other similar rights required in connection with such cabling
and installation.
(k) The Customer may allow access to the Service by third parties as part of the services it provides on its
own account to such third parties provided that it has paid the reseller price set out in the Standard
Charges. The Customer shall only provide Resold Services on its own account and not in any respect as
agent for the Supplier and that provided always that it shall not sell a bandwidth or speed of Service
greater than that which it has contracted to purchase from the Supplier, except in circumstances where
the Customer is dual homed and this has been approved in advance in writing by the Supplier. To avoid
any doubt, the Supplier shall have no responsibility of any nature to any third party in relation to any such
Resold Services. At all times, the Customer shall not purport nor claim that Resold Services are a resale of
the Service or in any other way provided by the Supplier and the Customer shall at all times state clearly
to its customers that it is providing such connections or bandwidth from its own network. The Customer
will Indemnify the Supplier against any and all claims from all parties to whom the Customer provides
Resold Services and will ensure that its own terms and conditions in any contract for the provision of
Resold Services include and comply with the provisions of this Contract including but not limited to Clause
5.
(l) Other than as part of authorised Resold Services, the Customer shall ensure that the Service is not,
without the Supplier’s consent, used by or on behalf of any person other than the Customer or any
employee, agent or sub-contractor of the Customer’s organisation authorised to use the Service by the
Customer.
(m) The Customer grants to the Supplier a royalty-free, perpetual, irrevocable, non-exclusive right to use,
copy, modify, adapt, translate, publish and distribute worldwide any and all material transmitted by the
Customer via the Service (for the purposes only of providing the Service to the Customer) save where
such messages are transmitted by way of private correspondence. Subject to this grant, the Customer
retains any and all rights which it may have in and to any such material.
(n) Title, ownership rights and intellectual property rights in and to the content accessed using the Service
is the property of the applicable content owner and may be protected by applicable copyright or other
law. This Contract gives the Customer no rights to such content.
3.2 Commencement and Minimum period of Service
The Service shall be provided (and the Contract shall last) for the minimum period specified in the Order
Form or for a minimum period of twelve months if no minimum period is specified. Such minimum
period shall commence upon connection. Connection shall be deemed to be effected when the link is
first live from the Site (or from such other point as is requested by the Customer) to the Supplier’s
Network, as confirmed by the Supplier.
3.5 Name and Customer’s Details
(a) The Customer represents and warrants to the Supplier that it is the owner of or that it has been and is
duly authorised by the owner to use any trade mark or name requested or allocated as its Name and that
the use of any such trade mark or name does not conflict with or infringe the rights of any third party.
(b) The Customer acknowledges that the Supplier cannot guarantee that any Name requested by the
Customer will be available or approved for use.
(c) The Supplier may require the Customer to select a replacement Name and may suspend the Service if,
in the Supplier’s opinion, there are reasonable grounds for the Supplier to believe that the Customer’s
current choice of name is, or is likely to be, in breach of the provisions of Clause2.5(a).
(d) Any and all internet addresses allocated by the Supplier to the Customer will at all times remain the
sole property of the Supplier and the Customer will have a non-transferable licence only to use such
address during the Contract Term. On termination or expiry of the Contract, for whatever reason, the
Customer’s licence to use the internet address shall automatically terminate and thereafter the Customer
will not use such address.
4. Third Party Services
The Customer may use the Service to link into other networks on the Internet and to obtain services from
other parties on the Internet. However, the obligations of the Supplier extend only to the provision of the
Service by means of the Supplier’s Network and the Supplier shall not be responsible in any way for any
other services accessed by the Customer or in relation to the existence, maintenance or availability of any
other networks whether forming part of the Internet or otherwise. The Supplier may terminate or
suspend the Service summarily without prior notice and without liability to the Customer if the provision
of any part of the Service which is operated or controlled by any third party is terminated or suspended,
but only in relation to that part of the Service and any other part of the Service which is affected.
5. Content and Mis-Use.
(a) The Customer will use its reasonable endeavours to ensure that the Service is used or includes content
that conforms to the laws of the Customer’s country and any other country to which such content may be
sent and will not knowingly permit any illegal use or any other use that will bring the Supplier into
disrepute or result in any other claim against the Supplier (whether for defamation, obscenity or
otherwise);
(b) Without prejudice to the foregoing, the Customer undertakes not to use or permit anyone else to use
the Service;
(i) to send or receive any material which is offensive, abusive, indecent, obscene or menacing or in breach
of confidence, copyright, rights of personality, publicity, privacy or any other third party rights;
(ii) to cause annoyance, inconvenience or needless anxiety; or
(iii) to intercept or attempt to intercept any communications transmitted by way of a telecommunications
system; or
(iv) in any illegal or unlawful manner or for any illegal or unlawful purpose or in any way which is contrary
to law; and/or
(v) does not conform with the acceptable use policies of all connected networks and the Internet
Standards.
(c) The Supplier shall be entitled without penalty (and without any rebate of charges payable by the
Customer) to suspend the Service if the Customer permits any use as detailed in Clause 5(b) or if after due
warning (such warning being in terms determined by the Supplier) the Customer continues to permit any
such use. The Supplier shall be entitled to refuse to restore the Service until it receives assurances
acceptable to the Supplier from the Customer that there will be no further contravention. Any assurances
given will be without prejudice to any other rights and remedies the Supplier may have against the
Customer in that respect. If assurances acceptable to the Supplier are not given within timescales
specified, the Supplier shall be entitled to terminate the Contract by written notice with immediate effect.
(d) The Customer shall indemnify the Supplier in respect of any breach by the Customer of the terms of
this Clause 5.
6. Charges for the Service
(a) The Customer is responsible for and shall pay on demand the charges specified in the Order Form in
accordance with the timescales detailed in the Order Form. If not specified in the Order Form
(i) all setup and installation charges shall be payable on acceptance of the Order Form by the Customer;
(ii) all recurring charges (including but not limited to annual, quarterly or monthly charges) are payable in
advance of the period to which they relate and after the first such payment, are payable on the same date
in the subsequent period (eg for annual charges, on the anniversary of the first date on which payment
was due);
(b) Notwithstanding any acceptance issued by the Supplier or any other act or omission of the Supplier or
Customer, the Supplier shall not be bound to supply the Service until receipt by the Supplier of cleared
funds of all charges payable in advance under the Order Form or under these Conditions. If such payment
is not received accordingly, the Supplier reserves the right immediately to withdraw, suspend or limit the
Service until payment is received and without prejudice to any other right or remedy the Supplier may
have, may charge the Customer a failure fee of 3% of the amount overdue per month as a genuine pre-
estimate of the Supplier’s losses in that regard.
(c) Unless specifically stated otherwise, all charges are exclusive of Value Added Tax and any other
applicable taxes, however designated, which will be added where appropriate to Customer invoices and
shall be paid by the Customer.
(d) Subject to Clauses 6(a) and 6(b) payment shall be due within 30 days of the Supplier’s invoice and
cleared funds in the amount of the sums invoiced must be received from the Customer on or before the
due date.
(e) Without prejudice to any other right or remedy the Supplier may have in connection with any late
payment, the Supplier will be entitled to charge interest (both before and after judgement) on a daily
basis on all sums overdue at the rate of 4% per annum above the base rate from time to time of Bank of
Scotland plc from the date such sum(s) became due until paid in full. The Customer shall reimburse to the
Supplier all costs and expenses (including legal costs on a solicitor and client basis) incurred in the
collection of overdue amounts, without prejudice to any other right or remedy the Supplier may have.
(f) All residential services must be paid for by Direct Debit, collected monthly in advance and will be
debited from the customer’s bank account on the first working day of each month. It is the Customer’s
responsibility to ensure that a valid Direct Debit remains in place at all times. Failure to maintain or honor
a Direct Debit instruction may result in an administrative charge being levied.
7. Responsibility for Equipment at the Site
(a) The Customer shall at its own expense provide reasonable assistance and facilities to the Supplier in
the installation of Equipment, any electricity required for the proper functioning of the Equipment and
shall provide or procure suitable accommodation, facilities and environmental conditions for housing the
Equipment and all necessary electrical and other installations and fittings.
(b) The Supplier shall be free to remove or change the Equipment at any time and the Customer shall
allow access to the Site on the same terms to Clause 3.1(j) for that purpose..
(c) The Customer shall be responsible for the Equipment while it is at the Site (whether or not in
operation) and the Customer shall not, in the absence of express written instructions from the Supplier
add to, modify, repair or in any other way interfere with the Equipment. The Customer shall be liable to
the Supplier for any loss or damage to the Equipment, except in so far as any such loss or damage is
attributable to the negligent or wilful act or omission of the Supplier, its agents or subcontractors.
(d) The Customer is responsible for the costs of returning the Equipment to the Supplier immediately
upon termination of the Contract and any delay caused by the Customer or its agent for its return may
(without prejudice to any other right or remedy the Customer may have) be charged by the Supplier to
the Customer on the basis of 10% of its new value per month or part thereof of the delay and such
charges shall be payable by the Customer on demand as a genuine pre-estimate of the Supplier’s losses in
that regard.
(e) The Customer shall be responsible, unless expressly stated otherwise, for all costs relating to the
importation and transport of the Equipment to the Site. Such costs may include but shall not be limited to
importation licences and taxes and delivery and warehousing costs.
(f) All Equipment leased, lent or otherwise provided to the Customer in conjunction with the Service shall
be properly insured and secured by the Customer and the Customer will on request provide evidence of
such cover (including but not limited to copy policies and premium receipts). The Customer undertakes to
notify to its insurers the Supplier’s ownership of and interest in the Equipment and have the Supplier’s
interest endorsed on the relevant insurance policy accordingly. The Customer shall ensure that in addition
to any usual risks such insurance shall include compensation for loss of business to the Customer and the
Supplier due to an Equipment failure or as a result of theft or damage.
(g) In the event of theft or damage to the Equipment the Customer will pay for replacement equipment or
repairs (in each case approved by the Supplier) within 30 days of the occurrence of the relevant event and
will be responsible for the costs incurred in the provision of alternative or provisional equipment, its
installation and configuration, whether or not the insurance referred to above covers such costs.
8. Liability.
(a) In performing any obligation under this Contract, the Supplier’s duty is only to exercise the reasonable
care and skill of a competent telecommunication service provider.
(b) The Customer acknowledges that the Supplier does not have the capability and does not purport to
control information accessed or transmitted using the Service; that it has no control over the information
transmitted via the Service and that the Supplier does not examine the use to which customers put the
Service or the nature of the information they are sending or receiving and that the Supplier is not a
publisher of any such information. The Supplier reserves the right to block access to and/or edit or
remove any material which in its reasonable opinion may give rise to a breach of Clause 5.
(c) The Supplier hereby excludes all liability of any kind for the transmission or reception of information of
any nature and undertakes no liability whatsoever for the acts or omissions of other providers of
telecommunications services or for faults in or failures of their apparatus.
(d) Except insofar as liability cannot be lawfully excluded, the Supplier shall not be liable in contract,
delict, tort or otherwise for loss (whether direct or indirect) of business, revenue or profits, goodwill,
anticipated savings or wasted expenditure, corruption or destruction of data or for any other indirect or
consequential loss whatsoever.
(e) In any event, the liability of the Supplier under the Contract shall be limited to the total price paid by
the Customer for the provision of the Service in aggregate in relation to any and all claims of any nature
under the Contract.
(f) The Supplier does not warrant and excludes all liability in respect of the accuracy, completeness, fitness
for purpose or legality of any information accessed using the Service and excludes all liability of any kind
for the transmission or the reception or failure to transmit or to receive any material of any nature.
(g) The Customer may enter into or seek to enter into transactions with third parties in relation to the
sale, rental or provision of goods and services via the Service. The Supplier will not be a party to such
transactions and will not be liable whether in contract, tort or delict (including liability for negligence), or
otherwise for any loss, cost or damage incurred by the Customer arising out of or in relation to the
transaction or attempt to enter into a transaction (including but not limited to failure to transmit or
distortion or corruption of any messages sent via the service.
(h) Nothing in these Conditions purports to restrict or exclude the Supplier’s liability for death or personal
injury arising directly out of the Supplier’s negligence.
(i) The exclusions and limitations on liability in these Conditions apply equally to and for the benefit of any
agents or contractors of the Supplier and such agents and contractors’ duty of care to the Customer is
limited accordingly.
9. Default
(a) If the Customer :
(i) does not pay any or all sums due in accordance with this Contract or breaches this Contract in any
other way; or
(ii) is subject to bankruptcy or insolvency proceedings;
(iii) commits a breach of any of the provisions of this Agreement and in the case of a breach of any
provision which is capable of remedy, fails to remedy the same within seven days after receipt of a
notice giving particulars of the breach requiring to be remedied;
(iv) is suspected on reasonable grounds by the Supplier of committing or be committing any fraud against
the customer or the Supplier or any third party; and/or
(v) provides the Supplier with any false inaccurate or misleading information for the purposes of obtaining
the Service. the Supplier shall be entitled (without penalty and without prejudicing, losing or reducing any
other right or remedy)
(i) to suspend the Service, including partially, without notice and without rebate of any charges payable
during the suspension or
(ii) to terminate this contract by written notice effective immediately;
Bankruptcy or insolvency proceedings for these purposes shall mean bankruptcy proceedings or in
Scotland sequestration proceedings; becoming insolvent; making any composition or arrangement with
creditors or an assignment for their benefit; any execution, distress, diligence or seizure;
or if
the Customer is a Company, being the subject of proceedings for the appointment of an administrator;
going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or
reconstruction) or having a receiver or administrative receiver of any assets appointed;
(b) To avoid any doubt, the Customer shall continue to be liable to pay all charges which are due for the
Service during any period in which the Customer does not comply with this Contract whether or not the
Supplier elects to suspend or terminate the Contract as above.
10. Termination of Service.
This Contract may be terminated by either party as follows;
(a) Small business customers with 10 staff or fewer – by giving at least 90 days notice to the other to
expire at the end of the minimum term. The Customer’s notice does not avoid any other liability for the
Service already provided.
(b) Residential customers - by giving at least 30 days’ notice to the other to expire at the end of the
minimum term. The Customer’s notice does not avoid any other liability for the Service already provided.
(c) Business customers with 11 or more staff - by giving at least 90 days’ notice to the other, prior to the
12 month anniversary of the contract start date or renewal. The contract will automatically renew for a
period of 12 month annually, if no notice is given. The Customer’s notice does not avoid any other liability
for the Service already provided.
11. Consequences of termination
(a) Termination or expiry of the Contract for any reason shall not affect any right or remedy of either party
as at the date of termination or expiry nor shall it affect any term or condition which due to the nature
thereof is intended to survive such termination or expiry, including but not limited to Clauses 3.1(k),
3.5(a), 5(d), 7(g), 8 and 16.
(b) On termination or expiry, the Customer shall make available the Equipment for collection by the
Supplier on reasonable notice being given (the Equipment remaining at the Customer’s risk pending
collection per Clause 7);
(c) Termination of service will incur an administration charge of £40 in-line with wholesale costs.
12. Giving Notice.
Notices given under this Contract shall be delivered by hand or sent by recorded
delivery as follows:
The Supplier: to the address shown on the Order Form or on the last invoice rendered by the
Supplier or any alternative address of which the Supplier notifies the Customer at any time.
The Customer: to the address to which the Customer asks the Supplier to send invoices from time to time,
the address of the Customer’s premises, or if the Customer is a limited Company,
13. Matters beyond the Supplier’s reasonable control.
The Supplier is not liable for any breach of this Contract or liable for any delay or failure in performance of
any part of these Conditions and its commitments when caused as a result of force majeure, war,
disorder, industrial disputes, inclement weather, acts of local or central government or other competent
authorities, failure by Connected Carriers or warehouse services or any other cause beyond its reasonable
control.
14. Assignation
The Customer shall not assign all or part of this Contract to any other party without the prior written
agreement of the Supplier which shall not be unreasonably withheld or delayed. The Supplier reserves the
right to assign all or part of this Contract at any time to any subsidiary or associate company of the
Supplier without requiring consent or to any other party with the Customer’s consent, not to be
unreasonably withheld or delayed.
15. Law
This Contract shall be interpreted in accordance with Scots Law and the parties submit to the jurisdiction
of the Scottish courts.
16. Data Protection
(a) The Supplier may use any information supplied by the Customer for its own administrative and
customer services purposes or for any purpose required by law.
(b) The Supplier may store and use data about the Customer, as necessary to enable them to deliver
services, and to ensure the Customer is receiving the best services for their needs. This may include
primary contact details, bank details and historical information about the services used.
(c) The Supplier may have to share the Customer’s information with third-party Providers to enable the
provision of services. The Supplier may also use the Customer’s information to help improve its services.
(d) The Supplier will always store the Customer’s data in-line with recommended data security protocols,
with banking and other sensitive details being encrypted at source. Similar appropriate controls are
implemented with respect to third-party Providers.
(e) The Customer has the right to see what data the Supplier stores about them, and to whom they
disclose information. If they wish to see this information, they must write to the supplier at
Scotnet Operations Centre, Mackintosh Road, Inverness, IV2 3TX. The Supplier reserves the right to
request information necessary to confirm the Customer’s identify before disclosing information.
(f) The Supplier may send the Customer information in relation to new and improved services which they
offer from time to time, which relate to the Service already provided. The Customer may unsubscribe
from such communications at any time by e-mailing unsubscribe-request@scotnet.co.uk.
17. General
(a) The relationship between the parties is as described in this Contract and no employment, partnership,
joint venture or agency relationship shall be deemed to subsist and neither shall have the power to bind
the other.
(b)Contracts formed between a Provider and the Supplier that are renewed automatically for periods of
longer than 1 month will only be accepted if explicitly stated on the appropriate Supplier purchase order.
(c) Any omission by either party to exercise any available right or remedy shall not be construed as a
waiver thereof or of the future exercise of any such right or remedy or of any future right or remedy.
(d) Any provision(s) of this Contract which in any way contravene the law of any state or region in which
this Contract is effective shall in such state or region to the extent of such contravention of law be
deemed severable and shall not invalidate any other provision or provisions of this Contract. Without
prejudice to the foregoing, where practicable, the parties hereto shall negotiate with a view to replacing
any such severed provisions with enforceable provisions to the satisfaction of both parties.
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i Scotnet.co.uk LTD