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BT 4100 SMS User Manual

Page 79

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79

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

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.

10.3 Termination under this paragraph is without preju-

dice to any rights that may have accrued before
termination.

10.4 If 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.

10.5 Upon 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.

SMS Service Conditions

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