Broadband Terms and Conditions

BY ACCESSING THESE TERMS AND CONDITIONS YOU CONFIRM THAT YOU ARE AGREEING TO THEIR CONTENTS. IF YOU DO NOT ACCEPT OUR TERMS AND CONDITIONS, CONTACT US IMMEDIATELY.

PLEASE READ THESE TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS (the Conditions) CAREFULLY AS THEY SET OUT THE AGREEMENT BETWEEN YOU (the Customer) AND US (the Company) AND YOUR RIGHTS AND OBLIGATIONS.

INTERPRETATION

In this agreement the following expressions have the meanings;-
“Broadband”: relates to a type of high speed data transmission such as ADSL or FTTC.
“BT”: means British Telecom.
“Equipment”: means the equipment as described in the schedule.
“Service”: means the broadband service to be provided by the Company pursuant to this Contract.
“REN”: means ringer equivalent number.

In this document references to “Us”, “We” and “Online” shall mean the Company. References to “You”, “Your” and “Customer” shall mean the Customer entering into this agreement. References to “Both of us” or “the Parties” shall mean both Us and You.

1. USAGE

1.1. The Company reserve the right to create, amend, redefine, rename or repackage Broadband categories or packages.
1.2. These Broadband packages are to ensure the customer opt for the right package for their end user based on their expected usage and to ensure they are not penalised for usage over and above the published Fair Usage Policy. The Broadband packages contain an allowance as specified on the Order Form or in writing from the Company. Where usage over the specified allowance is exceeded further charges will due, as specified in the Conditions, these terms and conditions or in writing from the Company.
1.3. Availability of all the packages are line and exchange dependant.

2. FEE

2.1. The initial Broadband fee shall include as such fees specified to the Customer, such as setup and associated fees.
2.2. The ongoing monthly Broadband fee charged is for Broadband service only and does not include IT Support.

3. CUSTOMER RESPONSIBILITIES

3.1. It is the Customer’s responsibility to ensure that the Customer’s PC can connect to the internet without the need for additional software. No CD, USB or software is supplied as part of this service.
3.2. Additional installation may be required if a NIC/Wireless adaptor is needed where a manufacturers driver would be needed to complete the installation of Anti Virus.
3.3. It is the Customer’s responsibility to ensure that the Customer has up to date, Anti Virus and a software firewall to protect from internet threats. The Company cannot be held responsible for internet threats causing issues and possibly down time, loss of data or damage caused by inadequate protection from these threats.
3.4. It is the Customer’s responsibility to ensure that protection from electrical and weather induced surges is achieved. Damage to equipment caused by electrical surges however caused is not covered by the hardware warranty whatever the period of cover.

4. LIMIT OF SERVICES

4.1. The scope of the Services supplied to the Customer do not apply to the following items:
4.1.1. Defects resulting from operation outside the usage parameters stated in the operational manuals;
4.1.2. Malfunctioning caused by damage (even if accidental) or modifications by persons not authorised by the Company.
4.2. If a service event is found to be caused by modifications by persons not authorised by the Company or due to software not supported by the Company, the Company reserves the right to charge for its time and any materials associated with this call.
4.3. Configuration changes to the router not carried out by the Company will not be covered by the Services and would be chargeable to rectify this should it cause issues. This charge would be borne by the Customer.
4.4. Problems with browsing caused by security settings, Internet Explorer plug in applications, other web browsers and local PC issues are not covered in any way shape or form.

5. INSTALL AND RELATED MATTERS

5.1. If a site visit is required this will be charged at the Company’s normal service charges at the time. Issues outside the Companies control will be reported on the Customer’s behalf and the Company will endeavour to resolve the issue within a reasonable time scale, which is ultimately governed by BT.
5.2. If the Customer wishes to change the telephone number of the line which is Broadband enabled for whatever reason the Customer must contact the Company 30 days prior to doing so as this WILL cause the Broadband to be ceased which is beyond our control.
5.3. There will be no liability on the Company for any consequential loss of service or financial loss as a result of non-compliance of the Customer with clause 5.2.

6. ADDITIONAL SERVICES

6.1. If the Customer adds additional services to the nominated line prior to install, fails to disclose any additional services on the nominated line or after install which affect the Broadband, the Company cannot be held responsible for this as it is beyond their control. Prior to activation this may delay or prevent activation or post activation may affect the service or at worst cease or disconnect the Broadband.
6.2. If additional telephony equipment is connected to the line, which is Broadband enabled then it will need to be filtered with a suitable Broadband Micro filter as this will cause Broadband issues if it is not. Visits to rectify this will be chargeable to and borne by the Customer.
6.3. The Company recommend a maximum number of 4 REN’s per line. Any more than this may cause issues which the Company are not responsible for.

7. ADDITIONAL CHARGES

7.1. Any wiring required pre-install to bring the standard up to a suitable level for Broadband use will be carried out on a chargeable basis, which will be borne by the Customer, if the Customer wishes to proceed.
7.2. Should the Customer proceed and not wish to carry out the recommended work this would need to be put into writing by the Customer to that effect and when Broadband is enabled on the line the Company cannot be held responsible for any issues relating to this.
7.3. Changes to the telephony wiring post install not carried out by the Company which cause issues will be chargeable to rectify. This charge would be borne by the Customer.

8. LINE SPEED

8.1. The Company will initially advise on a suitable line speed and contention ratio depending on availability, should the Customer not wish to take this advice and request a lower quality service then the Company cannot be held responsible for performance issues relating to this. Any costs required to rectify this i.e. speed and or contention re-grade would be borne by the Customer.
8.2. The actual broadband speed achievable over the Customer’s phone line depends on its length and quality, the length and quality of any phone wiring in the Customer’s home/offices, the specification of the Customer’s modem or router, the speed of connection between the Customer’s computer and modem or router (Ethernet and wireless are faster than USB), the speed of the Customer’s computer, and whether all the Customer’s broadband Micro filters are correctly installed.
8.3. The Customer’s broadband speed will also vary during the day depending on:
8.3.1. How busy BT’s network is;
8.3.2. The speed of the Internet and of websites the Customers are visiting;
8.3.3. Whether the Customer is sharing the Customer’s connection with others in the Customer’s home/offices;
8.3.4. Whether the Customers have any spyware or hardware slowing down the Customer’s computer.
8.4. Typically the Customer’s speed may reduce significantly during the daily peak period 6-9pm. This the Company has no control over.
8.5. If the Customer live/work close to the Customer’s exchange, the Customers could get the maximum connection speed of 8Mb, reducing to 6Mb, 4Mb, 2Mb or less, the further away the Customers are from the exchange. The Customer acknowledges that, in respect of any broadband speeds, any speeds quoted are approximate only and that the level of service that can be obtained by the Customer will be dependent on factors outside the control of the Company. The Company shall have no liability to the Customer whether in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise if the Customer’s line(s) does/do not produce a top speed of the maximum speed advertised.

9. CANCELLATION/MIGRATION

9.1. If the Customer wishes to cancel or migrate the Broadband service then the Customer must do so in writing in compliance with the Termination clause in the Conditions.
9.2. If the Customers are within the Minimum Term then the Customers must pay in full to the end of the Minimum Term.
9.3. If the Customer wishes to migrate then the Customer must state that the Customer needs a MAC code and DO NOT request that the Company cancel the Customer’s Broadband service otherwise the Customer’s service will NOT migrate and will be cancelled then the Customer will be liable for any connection charges with the Customer’s new supplier and an interruption in service.
9.4. The Customer’s intentions MUST be clear to the Company as they can only act on the Customer’s instructions to the Company under these circumstances.
9.5. If the Customer wishes to cancel a new line or migration, the Customer must contact the Company in writing giving notice no less than 2 working days from the date the notice is deemed to have been received (please see General Terms and Conditions Section 26).
9.6. If the Customer fails to give adequate notice under this clause or the termination clause in the Conditions, the Customer will be liable for any charges, charged by the Network Provider or otherwise to the Company.

10. GENERAL

10.1.These specific terms and conditions are to be read in conjunction with the general terms and conditions made available to the Customer. The Company has the right to amend these or the general terms and conditions at any time provided the Customer is informed following the changes as detailed in the Conditions.
10.2.In the event of a dispute between these and the general terms and conditions, these specific service related terms and conditions shall override the general terms and conditions solely in relation the specific clause.

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