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| 서비스 메뉴 - 스위프트콜 브로드밴드 24, 스위프트콜 브로드밴드 8 |
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다음의 서비스 메뉴는 KDDI Euro Web(스위프트콜 브로드밴드)의 이용 약관에 관한 것으로 반드시 읽어야 합니다.
(주)KDDI Europe의 스위프트콜(이하 스위프트콜)은 그 가입자에게 아래의 서비스 메뉴에 기술되어 있는 서비스를 제공합니다.
IP 주소
스위프트콜은 계약 기간 중 스위프트콜의 네트워크 접속에 필요한 IP 주소를 제공합니다.
설치장비
스위프트콜은 인터넷 설치 장비를 제공합니다. 이 장비는 고객이 직접 설치해야합니다. 고객이 장비를 받은 날로 부터 7일 이내에 초기 불량을 신고하고, 라우터의 제조 회사가 이를 수용하면 장비를 교환해드립니다. 장비는 인터넷 개시일로 부터 1년 동안 보증됩니다. 보증 기간 동안 장비가 고장나면 무료로 장비를 수리 혹은 교환해드립니다. 만약 보증 기간동안일지라도 장비 제조 업체와 스위프트콜이 고객의 부주의나 고의로 인한 고장으로 판단하면 수리 혹은 교환비를 청구합니다.
ADSL 회선
스위프트콜은 Tiscali-ADSL 회선을 이용합니다.
공정한 이용을 위한 사용자 규정
스위프트콜 브로드밴드는 '공정한 이용을 위한 사용자 규정'에 준하는 한 무제한 다운로드가 가능합니다. 스위프트콜의 '공정한 이용을 위한 사용자 규정'은 네트워크 사용을 통제함으로써 스위프트콜과 모든 스위프트콜 고객의 자료를 보호하기 위한 것이자 항상 최고의 속도를 제공하기 위함입니다.
Peak time(18:00-23:00)에 소수의 고객이 상당히 큰 용량의 파일을 사용자들간에 공유하여 네트워크의 속도를 극도로 떨어뜨리는 것을 제한하기 위해 매월 25GB의 전송 용량을 초과하는 고객의 사용을 제한합니다. 스위프트콜은 만약 특정 고객의 사용량이 다른 고객에 비해 월등히 많으면 사전 통보없이 서비스를 정지 또는 취소할 수 있습니다.
이메일
스위프트콜 가입자에게 이메일 주소 하나를 제공합니다.
고객상담실
스위프트콜 브로드밴드 고객상담실은 평일 09:00-17:00(뱅크 홀리데이 제외) 까지 이용할 수 있습니다. 기술 상담은 스위프트콜이 제공한 장비의 사용에 기인한 문제점만 취급합니다. 스위프트콜은 당사가 제공하지 않은 장비의 사용에 인한 문제나 PC의 문제 또는 가입자의 PSTN에 관련된 지원은 하지 않습니다.
요금
별첨 요금 명세서에 준합니다.
PSTN 회선
스위프트콜 브로드밴드 서비스를 사용하기 위해 모든 가입자는 PSTN ADSL 회선의 조달 및 보수에 책임이 있습니다. 스위프트콜은 고객의 어떤 행위에 의한 서비스의 불가 또는 PSTN 회선의 단절 및 중단에 기인하는 어떤 제 3자의 행위에 의한 문제에도 책임을 지지 않습니다. 고객은 서비스가 중단된 기간 동안에도 발생되는 모든 요금을 지불해야합니다. 스위프트콜이 인터넷 서비스를 재설치하게 될 경우에는 £50.00+ VAT의 재설치비를 지불해야 합니다.
이사할 경우
고객이 이사를 할 경우에는 스위프트콜 서비스를 새 주소로 이전해야 하므로 전화 번호가 변경되지 않더라도 이전 신청을 서면으로 통보해야 합니다. 새 주소지에 전화선이 연결되어야 서비스가 이전될 수 있으며, 이전 신청 비용은 £25.00+VAT입니다.
계약기간
최저 계약 기간은 서비스 개시일로 부터 12개월입니다. 계약은 매달 마지막 날에 만기되며, 해약을 원하는 경우에는 해약을 원하는 달의 한달전 20일까지 서신으로 통보해야 합니다. 최저 계약 기간 이전에 해약을 원하는 경우에는 그 이유가 무엇이든 최저 계약 기간에 해당하는 남은 전 기간의 모든 사용료를 지불해야 합니다.
계약해지
고객은 Consumer Credit Act 1974와 소비자 보호법2000에 의거 주문을 취소할 수 있습니다. 계약일로 부터 7일 이내에 계약을 취소할 수 있습니다. 만약 설치 기기가 이미 배송되었고 고객이 기기 상자를 뜯었을 경우에는 취소할 수 없습니다. 단, 고객이 기기 상자를 원래 상태로 반송했을 경우에는 계약 해지가 가능할 수도 있습니다.
청구서
분기별, 즉 3개월마다 한번씩 선불로 지불해야합니다. 첫 인보이스는 개시일 이후에 발행되며, 신용카드(Credit card)나 직불카드(Debit card)로만 지불할 수 있습니다.
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| KDDI Euro Web (Swiftcall Broadband) TERMS AND CONDITIONS |
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| These are the terms and conditions ("Terms") on which KDDI Europe Limited will provide KDDI EURO WEB (Swiftcall Broadband) services to you. |
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SERVICES |
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1.1. When KDDI Europe Limited trading as Swifcall (who are known in these Terms as "Swiftcall" and "we") accepts the Swiftcall Order Form (the "Order Form", we will provide you with the services described in the attached Service Menu (the "Services").
1.2. These terms do not cover any other services.
1.3. Swiftcall may vary these Terms by providing notice to you. If you decide to use the Services after we have sent you notice of a variation in these Terms, you will be deemed to have agreed to and will be subject to these terms and conditions as varied. Notice may be provided with your bill or by direct mail, e-mail or by other means.
1.4. The provision of the Services may be subject to restrictions based on laws and regulations in any relevant country.
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EQUIPMENT |
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2.1 We will install, operate and maintain at your premises equipment necessary for the provision of the Services (the "Equipment") You shall provide, without charge or cost to us, appropriate equipment space, environment, ducting and electrical power to install and maintain the Equipment at your premises.
2.2 Swiftcall shall not bear the cost of any damage caused to land, buildings or other structures belonging to you during the installation, removal or relocation of, or repair work on, the Equipment by Swiftcall.
2.3 You shall co-operate with Swiftcall for this purpose and shall allow anyone accredited by Swiftcall access to your premises whenever necessary.
2.4 Whilst the Equipment is on your premises (or the premises of any of your customers), you shall ensure that it is kept safe and secure and is not interfered with by any person.
2.5 You agree that title in the Equipment shall at all times remain with us. On termination of this agreement, you will ensure that we are allowed prompt access to all relevant premises to remove the Equipment.
2.6 You shall have possession of the Equipment as bailee and shall keep the Equipment in good storage facilities and in such a way as to enable the Equipment to be readily identified as the property of Swiftcall. If you fail to effect any payments due to us in full under this agreement, then we (without prejudice to any other legal remedies we may have) shall at any time after that be entitled to enter any of your sites (without notice to you) and remove the Equipment. You grant us access to any of your sites for such purposes.
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ANTI-VIRUS SECURITY |
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Subject to the limitation of liability described in condition 12, Swiftcall's e-mail servers will be equipped from time to time with Trendomicro anti-virus technology. However, you understand that it is not possible for Swiftcall to guarantee the security of your communications.
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PASSWORD |
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Where Swiftcall provides you with a password in accordance with the relevant Service Menu, you will be solely responsible for the security and proper use of such password and must take all necessary steps to ensure that such password is kept confidential, secure and that it is used properly and not disclosed to third parties.
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YOUR OBLIGATIONS |
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5.1 RFC conformity: You will comply with all relevant policies, protocols and standards on acceptable use, including but not limited to RFC documents and any other applicable standards that may come into force from time to time.
5.2 Compliance: You will comply with these Terms, any reasonable instructions that we give you relating to the use of the Services and any applicable laws and regulations.
5.3 Third party rights: You will not infringe the rights of any third party (including, without limitation, by defamation or by infringement of intellectual property rights) nor cause annoyance, menace or inconvenience to any other persons.
5.4 Network and Services maintenance: You will not transmit, store, facilitate or knowingly receive computer viruses or other material which may interrupt or damage the Services, render the Services less functional or less effective, or cause any damage or interruption to Swiftcall's network. Swiftcall reserves the right to delete any such data/information without advanced notice in cases where we have reasons to believe that you are in breach of this condition 5.4.
5.5 Profligate use: Unless otherwise established in the applicable Service Menu or accepted in written by Swiftcall, you shall not make live video/audio transmissions or IP multicasts or make any other profligate use of the Services.
5.6 Simultaneous logins: Where a dial-up service is provided, you shall not make simultaneous logins with the same account.
5.7 Access and safety: If we supply you with any Equipment, you shall allow Swiftcall engineers and authorised personnel access to all appropriate sites at mutually agreeable times. Both parties shall each meet the other's reasonable requirements about the safety of your and our respective people on your premises.
5.8 Works authority: You agree, and shall ensure, that we have the authority to carry out works to provide you with the Service at any of your sites in connection with the Service.
5.9 Indemnity: You will indemnify Swiftcall against any claims, losses, damages, costs, liabilities and expenses (including, without limitation, legal costs and expenses) resulting from any breach of your obligations under these Terms, the applicable Service Menu(s) or any other relevant document or unauthorised use or misuse by you of the Services.
5.10 Payment: You will be responsible for paying Swiftcall all sums due, even if you leave the UK or after cancellation or termination of these Terms.
5.11 Your contact details: You must promptly tell us about any change to your name, your bankers (if you have offered to pay by direct debit), your credit / debit card, your contact telephone number and your address to which we send your invoices. You hereby confirm that the details you provide to Swiftcall are true and accurate as at the date you provide them to us. You agree that a breach by you of this condition 5.11 will constitute a material breach of these Terms including, without limitation, for the purposes of condition 14.1(a).
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RESPONSIBILITY FOR CONTENT AND DAMAGES |
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6.1 We shall bear no responsibility of any kind for the content of information transmitted or received through the Swiftcall network.
6.2 If damage is caused to the Services, Swiftcall's network, or to a third party (through the use of Services), you will take full responsibility to Swiftcall for the damage incurred.
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MINIMUM SERVICE PERIOD |
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7.1 The minimum service period is described in the applicable Service Menu.
7.2 This minimum service period shall not prevent Swiftcall from exercising its rights to suspend use of the Services or terminate this agreement.
7.3 Unless we receive written notice of termination more than 3 months in advance, this agreement shall be automatically renewed on an annual basis.
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RETURN OF IP ADDRESS AND EQUIPMENT |
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8.1 Upon cancellation or termination of these Terms by whatever reason, you will return without delay the Equipment, the IP address and/or the mail account under the domain of Swiftcall allocated by Swiftcall.
8.2 Unless otherwise established in the applicable Service Menu, you will be responsible for any damage caused to the Equipment during the term of this agreement.
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OUR CHARGES |
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9.1 Advance payment: You will make advanced payment for the charges of the Services as described in the relevant Service Menu. You must pay us the total invoiced sum on or before the due date specified on the invoice.
9.2 Our right to charge interest: We will be entitled to charge interest on any amounts not paid by you when due, calculated at 2% over the then prevailing base lending rate of Barclays Bank plc. Interest is calculated and accrues daily.
9.3 Late payment: If in any month you do not pay the invoiced amount when due, you agree that we may debit your credit card with the amount due to us.
9.4 Form of invoices and no set-off: Our invoices will include a full description of the Services. You will have no right to offset, deduct or withhold payment of our charges for any reason whatsoever.
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DATA PROTECTION |
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10.1 You authorise Swiftcall to use personal information, as set out in the Order Form and as defined in condition 10.2, to disclose your personal information to Swiftcall's agents, related companies, credit reporting agencies, credit providers, carriers, carriage service providers, business referees, employers and relevant regulatory authorities in accordance with the Data Protection Act for the following purposes, which are also set out in the Order Form:
- considering or applying Swiftcall's credit policy to your application for the Services or new Swiftcall services;
- administration and management of your account, including collection of overdue payments;
- maintenance of credit records about you;
- marketing of other Swiftcall Services; and
- investigating and pursuing lost or stolen cards or unauthorised use of your card once you have reported any loss or theft of your card.
10.2 "Personal information" referred to in condition 10.1 includes:
- your name, addresses, date of birth and national insurance card number;
- details and status of any of your accounts with Swiftcall or its related companies;
- your credit history, including any instances of credit defaults, dishonoured cheques or credit infringements; and
10.3 From time to time Swiftcall may ask you to review and update the personal information it holds (although you are welcome to review and update the information more or less frequently as you wish).
10.4 As Swiftcall is part of a larger group of companies operating internationally, we will from time to time also make available to other related companies of Swiftcall and to the parties listed in condition 10.1, which may be located within Europe, Asia, Australia, and the Americas, information relating to Swiftcall's operations, including the personal information you have provided in order to facilitate management and global administration of the Services.
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NETWORK CONNECTION |
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11.1 Swiftcall's prior consent shall be required in the event that you intend to connect your network to other network(s).
11.2 Further, if you intend to connect your network to other Internet Service Provider networks directly or indirectly, you will be required to pay to Swiftcall the Border Gate Protocol configuration costs or other relevant costs.
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| 12 |
WARRANTIES AND LIMITATION OF LIABILITY |
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12.1 We will use reasonable skill and care to provide you with the Services. However, we do not guarantee the continuous availability or quality of the Services or the security of your communications. We do not run a compensation scheme for failures in the Services. We will try to correct any failures in the Services as soon as reasonably practicable.
12.2 We will not be liable for any failure in performance of the Services for reasons beyond our reasonable control including but not limited to default or failure of a third party (including any third party public telecommunications operator or service provider), government actions, failure in the supply of a third party's access line or other event of force majeure.
12.3 Without prejudice to condition 12.4, and notwithstanding the unenforceability or invalidity of any other provision in this agreement, our maximum aggregate liability to you arising out of or in connection with this agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the sums we have received from you in the 12 months prior to the event said to give rise to the liability in question.
12.4 Nothing in these terms is intended to exclude or restrict or shall have the effect of excluding or restricting any liability on the part of Swiftcall for fraud or for death or personal injury resulting from its negligence.
12.5 We will not be liable under or in connection with these Terms for any loss of income, data, profit, revenue, business or contracts or any indirect or special loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
12.6 These Terms and any other document or notice referred to in these Terms sets out the full extent of our obligations and liabilities in respect of Services. Any condition, warranty or other term concerning the Services which might otherwise be implied into or incorporated into these Terms, whether by statute, common law or otherwise, is hereby excluded. You will have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms (unless such untrue statement was made fraudulently) and your only remedy shall be for breach of contract as provided in these Terms.
THE LIMITATIONS ON OUR LIABILITY UNDER THIS CONDITION 7 DO NOT AFFECT YOUR RIGHTS, WHETHER UNDER STATUTE OR OTHERWISE, AS A CONSUMER IN THE UK.
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| 13 |
SERVICE DISRUPTION |
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13.1 If, for reasons that cannot be attributed to you, the Services become inoperative for a continuous period of at least 24 hours from the time when Swiftcall is notified of this fact until the time when all concerned parties have mutually confirmed that the Services are operational again, Swiftcall shall, at your request, refund the charges for the period when the Services were inoperative.
13.2 The amount of any refund of the charges under condition 13.1 will be calculated by multiplying the number of hours for which the Service was inoperative (discarding units of less than 30 minutes and counting units of 30 minutes or more as whole hours) by the hourly usage charge.
13.3 Swiftcall will not accept any request for the refund of the charges under the provisions of condition 13.1 after 6 months have elapsed from the date on which the grounds for the refund arose.
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| 14 |
SUSPENSION OR TERMINATION OF THE SERVICES |
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14.1 In addition to any other right or remedy we may have under these Terms or otherwise, we reserve the right to suspend or terminate the Services at anytime without prior notice. Swiftcall will suspend or terminate at our absolute discretion which may be for the reasons outlined below (but not limited to):if you materially breach these Terms or any other terms and conditions you may have with us which for the avoidance of doubt includes late or non-payment of any of our charges; or
- if bankruptcy or insolvency proceedings are brought against you; or
- if Swiftcall judge that your use of the service is affecting the quality of the service.
14.2 Upon suspension or termination of the Services (in whole or part) sums owing in respect of the Services shall be due and payable to Swiftcall in full upon demand.
14.3 Swiftcall shall not bear any liability for any damage incurred as a result of the suspension or termination of the Services.
14.4 You will not be exempted from liability for breach of these Terms, the applicable Service Menu(s) or any other relevant document after the termination of the Services.
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| 15 |
NOTICES |
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15.1 Swiftcall's address for the service of notices is Atlas House, 1 King Street, London EC2V 8AU. Your address for service shall be at the address you have asked us to send bills. Either you or we, by written notice to the other, may substitute another address in England, which shall then become the address for service of notices.
15.2 Any notice given in connection with these Terms shall be served in writing by either:a) postal delivery by first-class post or prepaid recorded delivery to the address given in condition 15.1;b) e-mail delivery to the e-mail address registered at time of application for the service;c) As specified in our website at www.swiftcall.net.
15.3 Unless otherwise stated in these Terms, any notice served by the method specified in 15.2 shall be deemed duly served 48 hours (disregarding days which are bank holidays) after publishing.
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| 16 |
GENERAL |
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16.1 In the event of a discrepancy between the Terms and the relevant Service Menu, the Service Menu will prevail.
16.2 You cannot transfer or try to transfer your rights or obligations in relation to the Services to anyone else without our prior written consent. However, we may transfer our rights and obligations in relation to the Services at any time.
16.3 You promise that the person signing on your behalf is authorised to do so.
16.4 If any provision or part of a provision of these Terms shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these Terms, all of which shall remain in full force and effect.
16.5 No delay or omission by us to exercise or take advantage of any right, power or privilege that we have or may have under these Terms shall operate as a waiver of any right, power or privilege by us. Also, the waiver by us of a breach or default of any provision of these Terms by you shall not be taken as a waiver of any succeeding breach of the same kind or any other provision.
16.6 If you have a query regarding the Services you may contact our Customer Services Centre on 08007692659.
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GOVERNING LAW AND JURISDICTION |
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These Terms are governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts for the purposes of enforcing any claim arising under these Terms without prejudice to Swiftcall's right to bring proceedings in any other court of competent jurisdiction.
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* Issued on 1st July 2008 |
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