Terms and Conditions:
THESE TERMS AND CONDITIONS ARE IMPORTANT AND SHOULD BE READ CAREFULLY.
IF THERE IS ANYTHING YOU DO NOT UNDERSTAND IN THE TERMS OR CONDITIONS
PLEASE E-MAIL GT Online at [email protected]
1.1. In this contract the following terms shall have the following
meanings unless expressly stated otherwise:
"GT Online" means Guernsey Telecoms Internet Division, a
totally owned section of Guernsey Telecoms Limited.
"GT Online Site" means GT Online's web site at http://www.gtonline.net;
"Connection Charges" means any and all telephone call charges,
line and/or equipment rental charges or charges for associated services
not provided by GT Online but required to access the Service;
"Contract" means these conditions, the Service Description,
Service Charge and the Registration Form;
"Customer" means the person named in the Registration Form
or any person whom GT Online reasonably believes to be acting with that
person's authority or knowledge;
"Registration Form" means the registration form provided
by GT Online, either online at the GT Online Site or in hard copy, and
completed by the Customer identifying the Service to be provided;
"Service Charge" means the list of charges for provision
of the Service published online at the GT Online Site;
"Service Description" means the description of the Service
as published at the GT Online Site;
"Service" means the service as published at the GT Online
Site comprising the provision of access to the World Wide Web and more
particularly detailed in the Service Description;
"Site" means the premises at which the Service is or is to
be provided by GT Online;
"Software Materials" means any software, documentation or
other goods, including media, made available by GT Online for the purpose
of receiving the Service.
2. Effective Date
2.1. By submitting to GT Online a Registration Form the Customer
agrees to be legally bound by the terms and conditions of this Contract
with effect from the date of acceptance of the Registration Form by
GT Online, which acceptance shall be communicated to the Customer by
way of provision of a login code and password.
3. Minimum Period of Service
3.1. GT Online has the right to suspend the Service for the
purposes of maintenance, repair, upgrading or security. GT Online will
endeavour to give the Customer as much notice as possible of such suspension
by way of a general notice given at the GT Online Site.
4.1. GT Online undertakes to supply to the Customer the Service
selected by the Customer in the Registration Form from the effective
date. GT Online does not undertake to provide any other services to
the Customer and does not accept any responsibility for any computer,
telephone or other equipment or telephone services used by the Customer
to access the Service.
4.2. GT Online is not responsible for the content of any material
made available and/or accessible by use of the Service.
4.3. GT Online reserves the right to disclose the name, telephone
and/or facsimile number and/or email address of the Customer to any
person making any complaint or enquiry in relation to the use of the
5. Service Charges
Note: There is no Subscription fee for using the internet access. However,
there are Premium services Customers can subscribe to at their discretion.
The term Service Charge refers to these Premium services selected by
5.1. The Customer agrees to pay any Service Charges for the
Services subscribed to and further agrees that GT Online is authorised
to debit the Customers preferred form of payment, as notified
to GT Online upon registration, or later by Customer choice with such
charges from the effective date until any and all indebtedness of the
Customer to GT Online is cleared.
5.2. Any local taxes chargeable in providing the Service to
the Customer shall be the sole responsibility of and shall be paid by
5.3. All Service Charges are payable one month in advance, and
5.4. Connection Charges necessary to access the Service will
be charged directly by the Customers telephone service provider.
5.5. GT Online reserves the right to vary any Service Charges
at any time but will give the Customer a minimum period of 14 days notice
of the same, such Service Charge to be applicable for the next billing
period following the expiry of the 14 day period.
6. Illegal use
The Customer acknowledges that GT Online is unable to exercise control
over the content of data accessed, transmitted or published by the Customer
and undertakes to use the Service only for lawful purposes and undertakes
not to access, transmit, publish, display, advertise or make available
6.1. infringes copyright or any other intellectual property
right held in any country;
6.2. is obscene or pornographic;
6.3. contains threats of any kind;
6.4. is defamatory in any way;
6.5. breaches confidence; or
6.6. the access to or transmission or publication of which is
illegal or infringes any third party's legal rights of whatever nature
under the laws of any jurisdiction for any reason.
7. Unauthorised use
7.1. The Customer undertakes to keep the login code and password
assigned by GT Online to the Customer secure and not to divulge either
of them, or any change to them, to any other person save for members
of the Customer's household or business.
7.2. The Customer undertakes to notify GT Online immediately
should the Customer have any reason to believe that the login code and/or
password have been obtained by any person other than those referred
to in this paragraph.
7.3. The Customer undertakes to be responsible for any charges
of any nature that may be incurred by GT Online as a result of any authorised
or unauthorised use of the login code and/or password.
7.4. The Customer may change the assigned password online or
may contact GT Online to effect a change.
7.5. The Customer undertakes not to transfer or sub-lease the
7.6. The Customer undertakes not to deal with the Software Materials
in any manner which would or would be likely to infringe intellectual
property rights in the same and to return the Software Materials to
GT Online upon termination of this Contract for any reason.
7.7. The Customer undertakes not to use communications capacity
or bandwidth for any purpose which may result in the illegal access
to or collection of data whilst in transit, illegal access to other
computers or networks, spamming, flooding or other such broadcasts together
with any other activity which may adversely affect other users on the
8. Exclusion and Limitation of Liability
8.1. GT Online is not liable in any way for any activities of
the Customer in particular but not limited to any acts which under the
laws of any jurisdiction infringe any third party's intellectual property
rights (including the use of any Domain Name), infringe obscenity laws,
constitute threats, are in any way defamatory or are illegal in any
8.2.The Customer agrees to indemnify GT Online and hold GT Online
blameless in relation to any claim brought by third parties located
in any jurisdictions (whether governments, corporate bodies or private
individuals) alleging any use of the Service by the Customer constituting
any unlawful act. The Customer shall immediately notify GT Online in
writing of any such claims of which it becomes aware and GT Online may
elect to defend such claims. The Customer agrees to offer all reasonable
assistance to GT Online in defending such claims at the sole expense
of the Customer.
8.3. The Customer agrees to pay all costs, damages awards and
professional fees of any kind incurred in relation to any claims made
against Him/Her or against GT Online relating to the Customers
use of the Service.
8.4. GT Online will use reasonable endeavours to maintain the
quality of the Service and to ensure the Service is available at all
times but makes no warranties regarding availability or quality of the
same and is not liable for any loss of any nature suffered by the Customer
or any third party as a result of any event outside the control of GT
Online and in any event is not liable for any loss suffered by the Customer
or any third party as a result of any interruption to the Service lasting
less than 3 (three) days. The Customer acknowledges that GT Online is
not responsible for maintaining any insurance cover of any nature to
cover loss by anyone other than GT Online.
8.5. The Customer acknowledges that GT Online is not able to
evaluate any potential loss to the Customer and that GT Onlines
liability to the Customer, whether for breach of contract, negligence
or otherwise, in respect of any defect in or discontinuance of the Service
is limited to the subscription fee payable by the Customer for the Minimum
Period of Service above. Further, GT Online is not liable to the Customer
for any special or consequential damage which the Customer may suffer
as a result of any loss of business, contracts, profits, savings or
8.6. GT Online is not responsible for maintaining any site or
address on the Internet other than its own site and address and GT Online
does not warrant or represent the continued availability of any other
site or address. The Customer is responsible for obtaining any insurance
which the Customer may require for any potential loss which the Customer
may suffer through the unavailability of the Service or any other postal
site or address.
8.7. The Customer acknowledges that by entering into any contract
or other obligation with any third party through the GT Online Site,
GT Online will neither become a party to such arrangements nor assume
any liability thereunder.
9. Temporary Unavailability of Service
9.1. If the Service is unavailable due to circumstances beyond
the control of GT Online for a continuous period of more than 30 (thirty)
days the Customer shall be entitled immediately to terminate the Contract
and the Service and GT Online will refund any Service Charges paid for
in advance for the unavailable period and any period thereafter.
10.1 This Contract may be terminated by any of the following
10.1.1. 1 (one) months notice given to the Customer by
10.1.2. 1 (one) months notice given to GT Online by the
10.1.3. immediately by GT Online upon breach of any of the terms
and conditions contained in this Contract or failure by the Customer
to pay any Service Charge due to GT Online;
10.1.4. by the Customer for unavailability of Services under
paragraph 9 of these terms and conditions.
10.2. Termination of this Contract and Service is always subject
to the payment by the Customer of the Service Charge for the provision
of the Service for the Minimum Period of Service above.
10.3. Any Service Charges paid in advance for any period of
time after termination takes effect will be refunded except in the case
of termination under paragraph 10.1.3. above. The Customer undertakes
to pay any Service Charge or other charge incurred up to the date of
11.1. Unless expressly stated otherwise:
11.1.1. any notice required to be given by the Customer to GT
Online shall be in writing and sent to GT Online's address or facsimile
number published at the GT Online Site. Service of any such notice shall
only be deemed good upon receipt by GT Online;
11.1.2. any notice required to be given by GT Online to the
Customer shall be in writing and sent to the Customer's address or facsimile
number or e-mail address as provided to GT Online in the Registration
Form and shall be deemed good service upon sending or, in the case of
post, 48 hours after posting by first class post.
11.2. Any change of details of the Customer shall be provided
to GT Online in accordance with the provisions of paragraph 11.1.1 above.
12.1. GT Online reserves the right to assign all or part of
this Contract to any company and/or to sub-contract its obligations
hereunder upon giving 14 days notice to the Customer, which notice shall
be validly given by way of a general notice displayed on the GT Online
13.1. Any property in any Software Materials made available
by GT Online, including intellectual property, will remain that of GT
Online or its licensors.
13.2. GT Online hereby grants the Customer a non-exclusive,
non-transferable licence to use the Software Materials for the purpose
of receiving the Service only. Such licence will terminate upon termination
of the Contract for any reason.
14. Governing law
14.1. This Contract is governed by and shall be construed in
accordance with the laws of the Island of Guernsey. GT Online and the
Customer agree to submit to the exclusive jurisdiction of the Royal
Court of Guernsey for the settlement of any disputes arising or consequential
upon the use of the Service or relating to a breach or alleged breach
of the Contract.
GT Online is a wholly owned division of Guernsey Telecoms Limited.