4. If equipment is purchased from C&WJ, title to the equipment will pass to Customer upon C&WJ's receipt in full of payment therefor. Risk of loss for or damage to each item of equipment will pass to Customer upon its delivery to Customer. Modems purchased from C&WJ will remain under warranty for 90 days from the date of installation.

5. In the event that C&WJ determines that an item of equipment requires replacement, Customer will be responsible for replacing it with a functionally equivalent new or used item of equipment.
6. The customer shall be responsible for obtaining and installing all other software or equipment that which are or may become necessary to access the Service and to operate your computer.

7. If requested by C&WJ, Customer will provide a security deposit equivalent to the Installation cost plus one month's rental charge. C&WJ will pay simple interest on the deposit at the average savings rate of C&WJ's principal banker(s) for the immediately preceding 12 month period. Interest shall be computed on the basis of a calendar year or part thereof and shall be credited annually to Customer's account, or at the time of discontinuance or termination of the Service. Upon discontinuance or termination of the Service, the deposit and any accrued interest will be applied firstly to settle any sum outstanding on the Customer's account, and the balance, if any, refunded to the Customer.

8. If at any time, the Customer fails to pay any overdue amount, C&WJ will be entitled to deduct the overdue amount from the security deposit and Customer will, upon request by C&WJ pay such amount into the deposit as will be sufficient to restore the security deposit.

The Customer shall be liable to C&WJ for any and all costs and/or expenses incurred directly or indirectly, including reasonable attorney's fees and expenses, in the collection or attempted collection of any amounts due from the Customer.

1 If You purchase our service at our discounted rates, you shall be required to retain active service with us for a minimum service period. and If fail to retain active service for the minimum service period, You will be liable for the payment of the difference between the discounted rate and the actual cost of the service in addition to 50% of the outstanding rental for the remainder of the minimum service period, plus the full sum of any other fee or cost that was waived.

2. In addition to any other remedies available, C&WJ may immediately (without notice and without liability to the Customer) discontinue the provision of Service if any of the following occurs: (a) C&WJ deems in its absolute discretion that it is necessary to discontinue the Service in order to protect against its fraudulent or illegal use or to otherwise protect C&WJ, its equipment, network or facilities; (b) C&WJ receives complaints or claims from third parties regarding the Customer's use of the Service; or (c) the Customer fails to comply with its obligations pursuant to this Agreement or (d) Customer fails to pay the applicable charges for the Service or any other service supplied

to the Customer by C&WJ on or before the Final Date.

3. C&WJ will endeavor to give Customer notice regarding the reason(s) for suspension or termination as soon as reasonably practicable after such suspension or termination.

4. In the event that the Service is disconnected for any reason specified in clause E(3) herein, if C&WJ is willing, in its sole discretion, to reconnect the Service, Customer will, prior to such reconnection, pay all outstanding fees and charges and the relevant reconnection fee.

3. C&WJ is not responsible for the installation, maintenance, compatibility or performance of any third party equipment or software not provided by C&WJ, and if such third party equipment or software impairs the Service, (i) Customer remains liable for payment, and (ii) if it is likely to cause hazard or service obstruction, Customer will eliminate such likelihood at C&WJ 's request.

4. It is acknowledged and agreed by the parties hereto that the bandwidth for each product set out in this Agreement is the maximum bandwidth which can be achieved on the circuit and cannot be guaranteed by C&WJ. C&WJ will however use all reasonable efforts to achieve the highest possible level of Service at all times.

5. In the event that Customer provides router(s) to interface with the Service and upon request by Customer confirmed in writing, C&WJ may assist Customer in configuring the router(s) in order to implement and operate the Service. If router(s) are not recommended by C&WJ nor certified by C&WJ as compatible for use with the Service, C&WJ may refuse such assistance and will not be responsible for the performance of the Service.

6. Customer will give C&WJ and its suppliers reasonable access to its premises at all reasonable times.

7. Customer will not misuse the Service (i.e. violate the AUP, permit any use of the Service. which is unlawful, harassing, or which infringes upon another's intellectual property rights, or which otherwise constitutes network abuse), and Customer will be responsible for any such misuse.

8. Although C&WJ may configure the Service so as to provide some security features, the Customer shall be solely responsible for providing for any security or privacy that it may desire for its computer network and any data stored on that network or accessed through the Service. The Customer acknowledges and assumes all liabilities relating to, and risks associated with, unauthorized access by a third party via the Service to such computer network and data.

9. C&WJ may communicate security issues to Customer from time to time when misuse is observed or reported by others.

10. C&WJ has no obligation to monitor the Service; however, C&WJ may monitor the Service and disclose information gained from such monitoring in order to (i) satisfy any law, regulation or other governmental request, (ii) operate the Service and administer C&WJ's networks, or (iii) protect itself or its subscribers.

11. C&WJ reserves the right to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of clause F7 of this Agreement.

12. The Customer shall not use the Service for the purpose of bypass (as defined in the Telecommunications Act, 2000), nor for any other purpose prohibited by the said Act.

13. Customer understands that, except for certain services specifically
H. Warranties and Liabilities ¬

13. Customer understands that, except for certain services specifically identified as C&WJ services, C&WJ does not operate or control the Internet.

14. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR ITS USE OF THE INTERNET.

15. C&WJ MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRE- SENTATIONS OR ENDORSE-MENTS REGARDING ANY MERCHANDISE, INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE INTERNET.

16. C&WJ does not in any manner warrant any item of equipment provided by C&WJ; C&WJ will, however, transfer to Customer (to the extent permitted by an equipment supplier) any warranty provided by such supplier, with C&WJ retaining the authority to exercise Customer's rights thereunder until the discontinuation of service.

17. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

18. NO ADVICE OR INFORMATION GIVEN BY C&WJ 'S EMPLOYEES, AGENTS OR CONTRACTORS (INCLUDING WITH RESPECT TO ANY EQUIPMENT THAT MAY BE RECOMMENDED FOR PURCHASE AND/OR USE WITH THE SERVICE) SHALL CREATE A WARRANTY.

19. C&WJ shall not be liable for, and is excused from, any failure or delay in that is due to acts of God, acts of civil or military authority, riots, civil unrest, acts of the public enemy, war or threats of war, accidents, fires, explosions, earthquakes, floods, unusually severe weather, epidemics, or due to any other cause beyond its reasonable control.

20. UNDER NO CIRCUMSTANCES SHALL C&WJ OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER OR CUSTOMER'S USERS' USE OF OR INABILITY TO ACCESS ANY PART OF THE INTERNET OR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, LOSS, THEFT, OR DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

21. Notwithstanding anything to the contrary stated herein, C&WJ's maximum liability hereunder will not exceed an amount equal to the total of the monthly recurring charges paid by Customer hereunder for the twelve (12) months preceding the month during which such liability arises.

22. Customer shall defend, protect and hold harmless C&WJ and its affiliates from and against any liabilities, actions, losses, costs, or claims incurred by them as a result of (i) any use or misuse of the Service (whether by Customer or any other party), or (ii) any claims arising out of the use of any third party equipment or software with the Service based on the alleged infringement or misappropriation of any intellectual or other property rights of any third party.

23. C&WJ and Customer expressly agree that this Agreement does not give rise to any third party being a third party beneficiary or being entitled to any rights whatsoever.

24. In the event an action is brought by C&WJ against Customer to enforce this Agreement, in addition to any other remedy available to C&WJ, Customer shall reimburse C&WJ for reasonable attorneys’ fees and expenses of any kind or nature incurred in connection therewith.

36. C&WJ may at any time on giving thirty 30 days notice to the Customer vary these terms and conditions and the Customer will be bound by such variation if the Customer uses the Service thereafter.