These are the Medical Internet Associates terms and conditions of business, they are important and you should read them carefully. They explain the basis on which we offer and you use our Services. You are bound by these terms and conditions on completion of your application form or electronic registration, the latest version of which will always be displayed on MIA web site (http://www.ukmia.org).

1. Definitions

The "Customer" means the user (member of MIA), "MIA" means Medical Internet Associates, a trading name of Business Internet Associates Limited, "Services" means all services provided by MIA including but not limited to web site creation, Internet access, electronic mail, web space and marketing, "Package" means the MIA Medical Consultant Web Package.

2. Supply

2.1 MIA agrees to provide the services to the Customer to the extent described on the Features of the Package web page within the MIA web site (http://www.ukmia.org), which shall be deemed and incorporated into these terms and conditions.

2.2 MIA reserves the right to alter or withdraw any service at any time, on giving current Customers prior warning.

3. Exclusion of Warranties

3.1 Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into these terms and conditions by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will MIA be liable for economic, indirect or consequential loss.

3.2 MIA's Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to MIA or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality, or any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions.

3.3 In any event the liability of MIA to the Customer in respect of an event or series of connected events arising out of or in connection with these terms and conditions whether in contract, tort (including negligence) or otherwise shall be limited to all sums payable in respect of the Services described in the Schedule (clause 2.1).

3.4 Each provision of this Clause 3 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstance they shall remain in force notwithstanding the termination or expiry of these terms and conditions.

4. Price and Payment

4.1 The charges payable by the Customer for the provision of the Services are set out within the MIA web site (http://www.ukmia.org). If for any reason MIA is unable to collect payment from the Customer as it becomes due under these terms and conditions or in the event of default on payment by the Customer this will constitute a material breach of these terms and conditions by the Customer. MIA shall have the right to require the Customer to pay all sums due under these terms and conditions on demand.

4.2 Accounts in default may be charged interest on the outstanding balance at a daily rate of 3% above Barclays Bank Plc's base lending rate. All payments due under these terms and conditions shall be made by the Customer in full without any right of set-off by the Customer.

4.3 All sums due to MIA under these terms and conditions are quoted exclusive of Value Added Tax and any other applicable taxes which may from time to time be charged thereon in accordance with the relevant regulations in force at the time of making the taxable supply and shall be paid by the Customer.

4.4 MIA reserves the right to terminate the services to the Customer forthwith in the event of any default of payment.

4.5 All Package fees are due in advance.

5. Termination

5.1 The initial term (one year) shall commence when the Customer signs-up to the Package. This agreement will continue automatically on a quarterly or yearly basis, depending on the service subscribed to, unless terminated according to the terms below.

5.2 The minimum period of contract (initial term) for the Package is one calendar year. Any Customers cancelling within this qualifying period are not eligible for any rebate of the Package fee in part or in full, and are bound to pay any outstanding fees still owed for the first year.

5.3 MIA (without prejudice to its other rights) may terminate this Agreement immediately if:
a) the Customer breaches any clause under these Terms and Conditions.
b) MIA is obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, to cease to provide any service provided to the Customer.
c) the Customer breaches the MIA's Acceptable Use Policy, or
d) the provision of any service to the Customer would give rise to or cause disruption to the services offered by MIA to its Customers.

5.4 Without prejudice to its rights of termination at any time under Clause 5.3, MIA shall have the right to suspend the provision of any Services without notice if MIA has the right to terminate this Agreement.

5.5 MIA shall be able to terminate this agreement for any reason on giving the Customer a minimum of 1 month's notice at any time.

5.6 The Customer may terminate this agreement having given written notice by e-mail, letter, or fax, but is bound to pay any outstanding fees still owed for the first year. If terminating the agreement by telephone the Customer must ask for a cancellation reference number.

5.7 In the event of termination, whether initiated by the Customer or MIA no refunds will be given on Package fees, whether quarterly or annual.

5.8 In the event of termination the Customer shall immediately cease to make use of MIA's Services.

6. Improper Use

6.1 For users of MIA Dial ISP (UKMIA.NET), a breach of our Acceptable Use Policy (http://www.ukmia.org/aups.asp) will constitute a material breach of these terms and conditions and shall entitle MIA to terminate the agreement pursuant to Clause 5.3.

6.2 The Customer hereby agrees to indemnify and holds MIA harmless from any claim brought by a third party resulting from the use of MIA connection and/or MIA network, Services including but not limited to infringement of any intellectual property right of any kind, legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against MIA arising from such claims, and shall provide MIA with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense. Such actions will be taken in consultation with the Customer.

7. Suspension of Services

7.1 MIA may without terminating this agreement suspend provision of any Services in whole or in part until further notice with immediate effect if:
a) MIA has reason to terminate this agreement in accordance with Clause 5.
b) MIA is obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, or
c) MIA needs to carry out work relating to upgrading or maintenance of the MIA network but providing that MIA has given the Customer a reasonable period of notice practicable in the circumstances.

7.2 If MIA exercises its right of suspension in respect of an event referred to in Clause 7.1, this will not exclude its right to terminate this agreement later in respect of that or any other event, nor will it prevent MIA from claiming damages from the Customer resulting from such event if the Customer is in breach of these terms and conditions.

8. Data Protection

8.1 MIA reserves the right to put the names and other information from the registration form relating to the Customers into a computerised directory for internal use, unless specific written instructions are received from the Customer.

8.2 MIA reserves the right to provide information concerning your account and activities whilst using MIA's services if we are requested to do so by the police or a regulatory or government authority in investigating illegal activities.

9. Security

9.1 The Customer is responsible for maintaining the confidentiality of any username and password and is fully responsible for all activities which occur under them. Other users of the Customer's username and password shall be bound by these terms and conditions as if they were the Customer. The Customer agrees to immediately notify MIA of any unauthorised use of the Customer's username or password or any other breach of security of which the Customer becomes aware.

10. General

10.1 Other than in respect of the Customer's obligation to make payments neither party shall be liable in respect of any breach of this contract due to any cause beyond its reasonable control including but not limited to acts of God, flood, lightning or fire, industrial action, act or omission of Government or other competent authority, riot, war or act or omission of another party for whom that party is not responsible.

10.2 MIA reserves the right to modify these terms and conditions at any time.

10.3 These terms and conditions are governed by and shall be construed in accordance with the laws of England and the Customer hereby submits to the exclusive jurisdiction of the English Courts.

10.4 These terms and conditions represent the entire agreement between the parties.

10.5 The Customer shall not assign or purport to assign or otherwise deal with any of its rights and obligations hereunder, except if expressly agreed in writing with MIA.

10.6 MIA shall have the right to assign, sub-contract or otherwise deal with all or any of its rights and obligations under these terms and conditions to any third party.

10.7 The Customer, by signing up to the Package, hereby acknowledges that he/she has read and accepted the terms hereof.

10.8 Any notice given by MIA to the Customer under these terms and conditions will be given either by email or by a message on the MIA web site.

10.9 Customers' web sites are submitted to search engines on a monthly basis and are also submitted to Internet directories, including MIA's Internet directory. MIA accepts no responsibility for how or where search engines and directories rank Customers' web sites, or if they do not accept the submission(s), or if they send marketing emails.

10.10 MIA accepts no responsibility for any third party services which might be provided to the Customer by MIA, including email virus scanning.

10.11 The Customer is to ensure that all necessary copyright approval is gained for the Customer's web site content (text, images, photographs, etc.).

10.12 The Customer is responsible for the accuracy and legality of all the content within their web site.

11 Force Majeure

11.1 The Company shall not be liable to the Customer for any failure of performance thereunder which is due to an Act of God, accident, fire, lockout, strike or other official labour dispute, nor a civil commotion, failure of technical facilities not within reasonable control of that party, enactment, rule or order or act of Government or other act or event beyond the reasonable control of the Company. Should any event of Force Majeure continue for more than 90 days then either party shall be entitled to terminate this agreement forthwith.

12 Indemnity

12.1 The Customer hereby agrees to indemnify and hold MIA, its agents, contractors, licensers, employees and information providers providing services harmless from any loss suffered by MIA as a result of a breach of the terms and conditions of this agreement by the Customer and from any claim brought by third parties alleging that use of the Service by the Customer or under his/her account has infringed any intellectual property or other right of any kind, or any applicable UK or international legislation or regulation. The Customer shall pay all costs, damages, awards, fees (including legal fees) and judgements awarded against MIA arising from such claims, and shall provide MIA with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.

13 Intellectual Property Rights

13.1 All Intellectual Property Rights in materials provided by the Customer for their web site will remain the property and responsibility of the Customer.

13.2 Subject to clause 13.1, all Intellectual Property Rights with regards to software, design work, templates, styles or any other materials used within a Customer's web site are the property of MIA.