You must read these Terms and Conditions before purchasing Jungle Office or Jungle Broadband.
1. General
1.1 This is the Jungle247 website ("Website") which is owned by MiVISP Limited who are a company registered in England (company number 5691545) with a registered office at Sterling House, 1 Sheepscar Court, Meanwood Road, Leeds, LS7 2BB. Our VAT Number is 895396653 ("we", "us").
1.2 We offer two products for sale on the website, Jungle Office and Jungle Broadband. The product known as "Jungle Office" is a bundled product containing various software including Agility Office, Sage and Panda Security (the "Software"); if required, certain equipment (including routers) (the "Equipment") and a broadband access service (the "Service"). Jungle Broadband involves the Service (and any Equipment if required) alone. Jungle Office and Jungle Broadband are together defined as (the "Product") in these Terms and Conditions. By using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions.
2. Purchase of Products
2.1. By placing an order through our Website, you agree that:
- You are legally capable of entering into binding contracts.
- You are at least 18 years old.
2.2. The placing of a Product on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the debit or credit card been charged).
2.3. We will acknowledge by e-mail your order for a Product at the time you place your order. [We will then notify you within [5] days of such email whether we have accepted your order.] [At the same time if we have accepted your order we will notify you of an estimated delivery date.]
2.4. In the event a Product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want the Product at the corrected price we will continue with your order. If payment has been charged for the purchase and you cancel your order we will immediately issue a refund.
3. Cancellation of contract by you - this clause is only applicable if you are contracting as a consumer and not as a business
3.1. If you are contracting as a consumer, you may cancel the contract at any time up to and including the seventh working day after the day on which the contract is concluded by notifying us by email or post at the address set out at the beginning of these Terms and Conditions.
3.2. If you cancel the contract and we have supplied you with any Equipment you must return the Equipment to us at the address set out at the beginning of these Terms and Conditions at your own cost and risk. If you cancel the contract and then you receive the Equipment you must not unpack it from its packaging but must immediately send it back to us.
3.3. In any event you must return the Equipment to us within 14 days of receipt.
3.4. If you do not return the Equipment to us within 14 days we will contact you. If we have to collect it from you we will deduct any costs we incur in recovering the Equipment from your payment to us prior to re-crediting your debit or credit card.
3.5. Provided that we receive the Equipment in the condition it was in when delivered to you then we will re-credit your charge card with the amount debited for your order for the Product as soon as possible and, in any event, within 30 days of you cancelling the contract.
3.6. Until you return the Equipment to us you must keep it in your possession and take reasonable care of it.
4. Our provision of the Product
4.1. We will provide the Product to you with reasonable skill and care and in accordance with the provisions of the contract. Whilst we will use our reasonable endeavours to begin providing the Product by any date provisionally agreed with you, we have no liability for any failure to meet any date. We can only provide the Product in areas of the United Kingdom in which we are technically able to offer the Service from time to time.
4.2. In order to use the Product, you need an existing telephone line and a personal computer of a minimum specification. The minimum specification and any other hardware required meat or technical is set out in the "PRODUCTS" section of the Website for Jungle Office and Jungle Broadband. You must also ensure that compatible cables and extension leads are used to and from your telephone socket, modem and PC in order to use the Product. You acknowledge that we are dependent upon certain third parties to install and provide the Product to you. You also acknowledge that there may be technical limits that prevent us from delivering an operational service to you. We will endeavour to provide the Product to you at the access rate you choose but, due to congestion within the network, the speed of service may be reduced at times.
4.3. We shall provide the Product in accordance with the description and to standard as set out in the relevant Service Level Agreement which is available on the Website. We do not undertake to provide a fault free service. If, however, a fault occurs, we offer a Support Service, details of which are set out in the Service Level Agreement you should report the fault by telephone, electronic mail or in writing to the Support Service. [link to details of Support Service]. We will let you know as soon as reasonably practicable of any periods of downtime of the Support Service.
4.4. The Product may not be available during scheduled periods of downtime where necessary for operational reasons such as repair, maintenance or improvement or because of an emergency. We will restore the access to the Product as soon as it reasonably can after suspension.
4.5. We shall have the right at any time to make modifications, additions or deletions to the Service which do not materially affect your use of the Service. Any changes made be published on the Website.
4.6. The Software will conform to its specification as described in the "PRODUCTS" section of the Website. [We will replace or repair any Software which is found to be defective or corrupt for a period of 60 days after the Commencement Date.]
4.7. The Equipment will conform to its specification described in the Service Level Agreement. We will replace or repair any Equipment which is found to be defective or corrupt for a period of 12 months after the Commencement Date.
5. Your Use of the Product
5.1. The login ID and password are unique to you. You accept that you are solely responsible for maintaining the confidentiality of its login ID and password. You shall notify us of the password that you think may be compromised or of any unauthorised use of the Product or your login ID and password. We have the right to direct that you change any or all passwords you use in connection with the Products.
5.2. You are required to abide by our Acceptable Usage Policy which is incorporated into these Terms and Conditions. This may be viewed on the website at www.MiVISP.co.uk/terms
5.3. You will fully indemnify us against any actual or potential claims or legal proceedings against us by a third party because your use of the Product is in breach of the Acceptable Use Policy. We shall notify you of any such claims or proceedings and inform you regularly as to the progress of such claims or proceedings.
5.4. You will at reasonable times, grant access to our employers and agents for the purpose of providing the Product.
6. Duration of the contract
6.1. The contract shall commence on [the date we accept your order] (“the Commencement Date” and (subject to earlier termination as described in these Terms and Conditions) shall continue in force for a minimum term of 18 months ("Minimum Term") and thereafter until terminated by you or us giving not less than 1 months' notice to expire at any time on or after expiry of the Minimum Term. You must pay all Fees (defined below) for the Product until the date upon which the termination notice expires.
7. Suspension and termination of the contract
7.1. We may at any time (whether during the Initial Term or otherwise) terminate the contract by giving 30 days notice to you.
7.2. We may at our sole discretion terminate the contract or suspend the Product immediately, in the event that:
- we are directed by any competent authority to cease the provision of the Product or any part of it; or
- you fail to pay any charges for the Product; or
- any credit card or direct debit details submitted by you for payment are found not to be or cease to be valid; or
- if you use the Product in contravention of clause 12; or
- if you do anything which jeopardises the Service or any network to which you are connected;
- the contract with your telecoms provider for your direct analogue exchange line is terminated; or
- our contract with any of the suppliers of Software or Equipment is terminated.
7.3. If we suspend the Product in accordance with this clause 7 we may, at any time following such suspension (and if the circumstance in this clause 7 remains) immediately terminate the contract.
7.4. If we suspend the Product (or terminate the contract) in accordance with clause 7.2(a) to (g) all Recurring Fees (as defined below) due and not yet paid by you during the Initial Term will be repayable by you on demand.
7.5. If either you or we terminate the contract in accordance with its terms you will be required to pay all charges due in respect of your account up to and including the end of the month in which date of termination occurs and all rights to use the Product shall terminate immediately.
7.6. Either party may terminate the contract immediately, on notice, if the other commits a material breach of this contract and fails to remedy the breach within 28 days of a written notice to do so.
7.7. Termination of the contract howsoever caused shall be without prejudice to any rights or liabilities accrued at the date of termination.
8. Prices and Payment
8.1. The prices for the Product are as set out on the Website and in your order and are comprised of an initial one-off fee ("Initial Fee") and a monthly recurring fee ("Recurring Fee").
8.2. All fees due under this Agreement are exclusive of VAT.
8.3. Payment of the Initial Fee and first Recurring Fee must be made by credit or debit card and we shall not process your order until we receive confirmation of such payment.
8.4. Your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website.
8.5. Further payments of the Recurring Fee should be made by direct debit and shall be payable on the same date each month as the Commencement Date of your contract.
8.6. During the registration process, we will ask you to complete/provide a payment by credit card or direct debit to enable us to collect payments for your account, and for any additional services that we may provide to you. If you seek to discharge your account in a manner other than by way of direct debit or credit card (e.g. cheque or cash) we reserve the right to levy an additional administration charge of £20.00.
8.7. We send electronic invoices to you in Adobe Acrobat PDF versions, You may request paper or electronic copies of any of your invoices at any time.
8.8. Failure to pay
- If your electronic payment is rejected, or becomes, or is, invalid or unavailable, thereby preventing us from recovering the sums due under your account we will take the payment from your credit or debit card. If within 6 days following the due date for payment we have not received payment we will immediately suspend the Product.
- In these circumstances, you will be able to log in and settle your account on-line and bring the Product back on-line. We will contact you by email, text, telephone or letter to arrange payment.
- If your proposed electronic payment method is still rejected, invalid or unavailable, or if your account remains outstanding for any other reason, 9 days after the original due date for payment, then we may send you a solicitor's letter requesting the discharge of your account in full. If we are forced to send you a solicitor's letter we will charge you a further £40 or such other amount as set out in the Commercial Debts Regulations 2002 towards the cost of the letter.
- If your account remains unpaid for a period of 17 days after the original due date for payment, the contract will then be terminated and your account will be referred to our credit control department to take the appropriate action to collect the outstanding sums. If you then wish your account to be re-activated a fee of £40 will be charged for such re-activation as well as any costs incurred under clause 8.8(c).
- If we are required to instruct our solicitors or other professional advisers to collect any outstanding sums on your account, you will be responsible for, and we will look to you to discharge, those costs that are incurred by us in taking such action.
- You must ensure that the account holder's name is the same as the name on the payment details that are provided.
8.9. Paying by Direct Debit
- All the normal Direct Debit safeguards and guarantees apply. No changes in the date, frequency or amount to be debited can be made without notifying you at least 10 working days in advance of your account being debited. In the event of any error, you are entitled to an immediate refund from your Bank or Building Society. You have the right to cancel a Direct Debit Instruction at any time simply by writing to your Bank or Building Society, with a copy to us.
9. Limitation of our liability
9.1. Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website and/or the Product shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
9.2. Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
9.3. In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase of the Product, our entire liability shall be limited, to (at your option):
- repairing or supplying the Product again; and
- refunding the amount paid by you in respect of the Product purchased.
9.4. Our aggregate liability in respect of all causes of action arising out of or in connection with the Product purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of £1,000.
9.5. We shall not be liable to you for any loss of profit; loss of anticipated revenue (whether direct or indirect loss); or any consequential or indirect loss.
9.6. Notwithstanding anything in these Terms and Conditions we do not exclude liability for:
- personal injury and death caused by our negligence;
- fraud; or
- any liability under the Consumer Protection Act 1987.
9.7. Except for any warranties expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law. If you are purchasing as a consumer and not as a business nothing in these Terms and Conditions affect your statutory rights.
10. Security
10.1. Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
11. Complaints Procedure
11.1. We are very proud of our high standards of customer service. However, in the event that we fail in meeting these standards, please do not hesitate to write to us at the address in the Contact Details. More details of our Complaint Resolution procedure are set out on the Website in our Code of Practice.
12. Notices
12.1. Any notice to be given by you must be in writing to our address in the Contact Details below or by email to [accounts@MiVISP.co.uk.]
13. Intellectual Property
13.1. All Website, design, text and graphics belong to us. All copyright, trade marks and other intellectual property in the Software belongs to us or our Licensors.
13.2. We grant you a non-exclusive, non-transferable, non-sub-licensable, licence to use the Software as part of the Product for your internal purposes only for the duration of the contract.
13.2. You are not permitted to use the Website or the Software in any way that may infringe the intellectual property rights contained in the Website or the Software. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website or the Software including but not limited to any trade marks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.
14. Entire Agreement
14.1. These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
15. Severance
15.1. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
16. Third Party Rights
16.1. A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
17. Delivery, Title and Risk
17.1. Any time or date stated for delivery is an estimate only. We will make every effort to dispatch goods on time, but we will not accept liability for failure to deliver within the stated time.
17.2. If we are unable to deliver the goods within 30 days of the date of the order, you, as its sole remedy, are entitled to cancel the order and require any monies paid to us in respect of that order to be refunded. In order to cancel, you must send your notice of cancellation to us using the email address provided after the above date but before delivery of the goods or notification from us that the goods are ready for delivery.
17.3. We do not accept liability for shortages or damage to deliveries unless you notify us of the shortage or damage in by emaill within 7 days of receipt of the delivery.
17.4. You have to accept the goods when they are ready for delivery.
17.5. Delivery is deemed to take place when the goods are delivered to your nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to you.
17.6. Title in the goods does not pass to you until payment is received in full by us, or the service is activated where applicable.
17.7. If you cannot accept delivery, we may, at our option:
- store and insure the goods at your expense and risk or;
- sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to you any excess over the sale price or charge you for any shortfall or;
- re-arrange delivery provided that we may charge you for the additional delivery costs incurred.
17.8. You may request a Proof of Delivery, provided that this request is made in writing by email within 3 months of the date of delivery and we shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
17.9. You are responsible for any due wear and tear to hardware. You will be subject to the Terms and Conditions and warranty specified by the hardware manufacturer for hardware use. We will have no responsibility or liability for malfunctioning or defective hardware.
17.10. Where hardware is shipped prior to the activation of service and the subsequent activation fails the following applies:
- You may choose to retain the hardware, in which case you are liable for the full price of the hardware as specified on our website at the time the order was placed.
- You may chose to return the hardware, and as such you would be responsible for shipping and associated costs incurred. The hardware must be returned unopened and in perfect re-saleable condition. Any defacement of the manufacturer’s packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at our sole discretion.
- Any refunds for activation, hardware and initial subscription may be adjusted to reflect any outstanding charges or damage to any returned hardware.
- We reserve the right to levy further charges if the any hardware is not returned or full payment received within 14 days of us notify you of the failed activation.
18. Product specification
18.1. We will make every effort to supply the goods as advertised but we reserve the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice.
18.2. If we cannot supply the goods ordered by you, we reserve the right to offer goods of equal or superior quality at no extra cost. In such a case, if you do not wish to accept the alternative goods offered, you may cancel the order and require the refund of any money paid to us in respect of that order. This shall be your sole remedy in these circumstances.
19. Force Majeure
19.1. We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
20. Force Majeure
20.1. These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
20.1. Certain provisions contained in these Terms and Conditions may be disallowed by the laws of the country from which you are accessing the Website. If any provision is unenforceable or invalid then the provisions of paragraph 13 shall apply.
21. Contact Details
21.1. MiVISP Limited
- Sterling House
- 1 Sheepscar Court
- Leeds
- LS7 2BB
- Tel: 0871 2277 247
- Fax: 0844 7567 247
- Email: enquiries@jungle247.com