| Terms and
Conditions
This service is brought to you by
SurfAnytime Ltd.
SUBSCRIBER AGREEMENT
These Terms and Conditions constitute an agreement between you and SurfAnytime
Ltd, 38 Queen Street, Glasgow, G1 3DX ("SAT").
These Terms and Conditions apply to the use by you of the SAT on-line
information, communication and other services provided by SAT (the
"Internet Services"), the different payment and connectivity
options (the "Access Options"), and access to information and
services provided by third parties (the "Third Party Service(s)")
and the use of the software program(s) (the "Software") and
any associated documentation which may be included in the delivery (the
"Accompanying Material") that you, the end user, are now
taking into use. The Internet Services allow you access to the Internet
and your use of the Internet is at your own risk and is subject to any
applicable laws. SAT does not accept responsibility for Third Party
Services obtained by you when using the Internet.
You should read these terms carefully. By completing the registration
request and by using the Internet, you agree to be bound by these Terms
and Conditions.
ADSL1000
20:1 Option
1. The monthly subscription rate for this package is £39.99 (incl VAT)
per month, payable in advance. An installation charge of £59.99 (inc
VAT) is applicable payable on order.
2. Broadband/ADSL Service
2.1 The SurfAnytime BROADBAND Service provides a high-speed
connection to the internet, and other Services, for a monthly
subscription charge. The Service does not include the provision of any
routers, modems or other connection devices or any other equipment. It
is your responsibility to arrange these at your own expense.
2.2 Before we can be certain that we can provide you with the Service,
we need to do the following:
successfully complete a line test and survey; and
successfully activate the Service.
If the survey indicates the supply of the Service is not technically
feasible, or if other circumstances beyond our reasonable control
prevent the survey from being carried out, we will notify you as soon as
possible.
2.3 Where a site visit is required you will assist us by agreeing an
appointment slot for the installation of any necessary equipment at your
premises. In the event of any such visit, any incorrectly wired
extensions to the End User’s existing master socket forming part of
the BT Network may be left disconnected
2.4 Activation of your Service is likely to result in the temporary loss
of your analogue direct exchange line Service for between a few minutes
and two hours. This is because your existing connection needs to be
replaced to allow you to access the Service.
2.5 Although we will use our reasonable efforts to install or activate
the Service by the date that we agree with you, all dates are estimates
and we cannot guarantee that we will meet them. It will take between 5
and 20 working days to activate your service.
2.6 We reserve the right, where we are not at fault, to cancel your
BROADBAND order when you fail to agree with us an activation date or
(where required) an installation appointment date within 30 days from
the previously agreed activation or installation appointment date,
whichever is the later. If we cancel your order in accordance with this
paragraph, you must pay a cancellation charge equal to the installation
charge applicable at the time of ordering.
2.7 We reserve the right to reject any order.
2.8 Where you do not maintain the contract (whether with BT or a third
party) for the use of a BT provided analogue direct exchange line, we
will cease the Service in respect of the relevant End User Access and
reserve the right to raise appropriate charges for the termination of
your account in accordance with the normal price for your package..
2.9 You will indemnify us against any claims or legal proceedings which
are brought or threatened against us as a consequence of you not having
a contract for the use of a BT provided analogue direct exchange line as
referred to in paragraph 2.8 above, or where you have not given or
obtained permission for work to be carried out at the End User’s Site
in connection with this Contract.
3.
Service Constraints
3.1 You acknowledge and accepts the following technical limits relating
to the Service:
transmission performance of some metallic local loops will mean it may
be technically impossible to provide Service to all End Users within the
Service Availability Area;
the Service cannot be used over an End User Access which is used for
certain other BT Services. The Service is not available to Sites where
all or part of the End User Access is provided over fibre optic cable or
radio systems;
that the Service may also affect the performance of some PSTN customer
premises equipment;
that the Services and equipment mentioned in paragraphs 3.1(a) to (d)
above do not form an exhaustive list;
that some technical limitations within the BT and our Networks may not
become apparent until after the Service has been installed and working
for some time. In such circumstances, the Service for some individual
End Users may need to be withdrawn in which case we will rebate any
charges paid in advance by the Customer;
that the downstream and upstream burst rates may be reduced by
contention within the BT and our networks, and by rate adaptation by the
modems, and are dependent upon the specific IP application protocol
used;
in the event that BT re-locates a DSLAM it is possible that some End
User Accesses will cease to be operational as a result of increased
distance between the re-located DSLAM and the End User NTE. In these
circumstance the Service for the relevant End Users will need to be
withdrawn in which case we will rebate any charges paid in advance by
you on a pro rata basis. We will give you as much notice as practicable
of any such relocation of a DSLAM.
3.2 You must have a contract for the use of a BT provided analogue
direct exchange line which terminates on a BT public switched telephone
network master socket forming part of the BT Network for the duration of
this Contract.
3.3 In the circumstances referred to in this paragraph 3, except in
respect of a rebate referred to in paragraphs 3.1(f) and (h) above, we
will have no liability to you relating to the provision of the Service
(or our inability to provide the Service), the performance of the
Service, its effect on other Services or equipment or the withdrawal of
the Service.
4.
Equipment
4.1 So that the Service remains safe and secure, any equipment connected
to or used with the Service must bear the European Consumer Equipment
Standards "CE" mark. Such equipment must also be used in
accordance with all relevant instructions and safety and security
procedures (including, but not limited to, Suppliers Information Note
(SIN) 346 which can be located at www.sinet.bt.com). We do not support
any equipment not provided by us.
4.2
Title in any equipment we install or provide to you remains with us
unless you have paid us for any such equipment in which case title
passes to you on our receipt of such payment.
4.3
If you damage or lose our equipment, we may require you to reimburse us
for the reasonable charges for repair or replacement.
4.4 We may want to recover our equipment from your premises at the end
of this contract and you agree to allow us to do this.
5.
Access to your premises
We may need access to your premises from time to time (for example, for
installation, repairs, maintenance or upgrades or to recover our
equipment when this contract comes to an end). If we do, we will give
you advance notice and so long as appropriate identification is shown
you agree to allow us access. We will meet your reasonable requirements
and you must meet ours, concerning the safety of people on your
premises.
6.
Things we may have to do
6.1 We may need to temporarily suspend the Service for operational
reasons (e.g. for repairs, planned maintenance or upgrades), but before
we do we will give you as much notice as we can. We shall restore the
Service as soon as possible after any suspension.
6.2
We may have to alter code or access numbers or technical specification
associated with the Service for operational reasons, and where we need
to tell you about this we will give you as much notice as we can. The
technical specification will only be changed where this will not
materially affect the performance of the Service.
6.3 We may give you instructions about health and safety issues when
using the Service, or on your use of the Service to ensure the quality
of the Service we provide to you and other customers and you agree to
observe them.
7.
Repairing faults in the Service
Although we attempt to provide you with the best possible Service, we
cannot guarantee that the Service will never be faulty. However, we will
correct all reported faults as soon as we reasonably can.
8.
Use of the Service
11.1 You must take all reasonable precautions to ensure that no one
(including you) uses the Service:
(a) fraudulently or in connection with a criminal offence;
(b) in any way which in our opinion is, or is likely to be, detrimental
to the provision of the Service to you or any of our customers;
(c) in an unlawful manner, in contravention of any legislation, laws,
licence or third party rights
(d) in a way that does not comply with any instructions that we have
given you;
The action we can take if the Service is used in any of these ways is
explained in paragraphs 14.
8.2 We may make available to you software that enables you to use the
Service. You must not copy or modify this software (unless allowed by
law). It is important that you only access the Service through this
software, or in an alternative way permitted by us, and you must not
attempt to circumvent any security measures in the Service.
8.3 When we provide you with the Service it, and any associated
software, is intended for your use only. Therefore, you must not
re-sell, transfer, assign or sub-license the Service (or any part of it)
or the associated software to anyone else.
9. You must not disclose your passwords or user IDs to any third
parties. If you suspect that the password and/or user ID has been
revealed to a third party or that there has been any misuse of your
account, you must notify us immediately and seek fresh passwords and
user IDs.
10. We reserve the right to terminate or vary these terms by giving one
month’s written notice. An email will constitute written notice.
11. All prices and costs quoted herein are inclusive of VAT and payment
must be made to us via credit card (Visa or MasterCard) or debit card.
We reserve the right to charge interest at the rate of 2% per month
above base rate of the Bank of England on any overdue accounts.
12. Under the Consumer Protection (Distance Selling) Regulations 2000, a
consumer may have the right to a 7 day ‘cancellation period’ in
relation to certain contracts. However, you acknowledge that you wish to
be able to connect to the Internet, using this access option, as soon as
is reasonably possible and as such you will not have any such right to
cancel this agreement during that period.
13. Please read these terms and conditions carefully to ensure that you
understand them. Once you complete your registration process, you will
have entered into a legally binding contract for the provision of the
access service.
14. Ending this contract
14.1 This contract commences when you complete the
account sign-up procedure.
This agreement is subject to a
Minimum Period of service of 3-months (The “Minimum
Period”). This period begins from
the date the chosen line is fully activated to ADSL. If you give notice to terminate this
contract before the expiry of the Minimum Period, you
agree to pay all applicable charges for the remainder
of the Minimum Period.
Cancellation of orders before activation for any
reason will be subject to credit card charges not
exceeding £5 and which will be deducted from any
refund.
Thereafter, the contract may be terminated at any time in accordance
with the following:
14.1.1 After the expiry of Minimum Period, and provided we have received
notice of your cancellation request more than 14-days prior to the
commencement of the next regular billing date, such notice being
delivered in accordance with the procedures detailed in Clause 18,
cancellation of the contract will be effective from the expiry of the
already paid-for subscription Service.
14.2. We may also terminate the Contract, or suspend the supply of the
Service to you, immediately and without notice if:
(a) you breach these terms and conditions;
(b) you fail to use the Service in a manner that is consistent with
these Terms & Conditions, and in such a way as to ensure compliance
with all applicable laws and regulations. In particular you must ensure
that the Service is not misused in any way;
(c) if we have previously terminated your use of any Service due to your
breach;
(d) Bankruptcy or other insolvency proceedings are brought against you
if you are unable to pay your debts as they become due or you cancel
your continuous agreement preventing us from collecting payment as it
becomes due;
(e) you are no longer able lawfully to receive the Service;
(f) you no longer have a BT provided analogue direct exchange line.
15)Limit
of Liability
SurfAnytime
will not be held liable for any loss of business, revenue or reputation
howsoever caused.
15.1)The Company's entire liability to you in respect of all matters
associated with the Services shall be limited
as follows:-
(a) Nothing in this contract excludes our liability for death or
personal injury arising from the negligence
of the Company, its servants or agents.
(b) Nothing in this contract excludes any other liability, which is
prohibited from being excluded by law.
(c) Except as set out in (a) and (b) above SurfAnytime accepts no
liability for and hereby excludes any liability
for any consequential or indirect losses, loss of profits, loss of
business, loss of goodwill or any form of
special damages.
(d) The Company's liability for direct losses shall (subject to sub
paragraphs (a) and (b) above) be limited to
the amount actually paid by you to SurfAnytime and all conditions,
warranties or other terms whatsoever
inconsistent with the provisions of this sub paragraph are hereby
expressly excluded.
(e) In the event that (c) should prove for any reason ineffective to
exclude any liability referred to in that
sub paragraph, any such liability shall, subject to (a) and (b) be
limited to the amounts actually paid by you
to the Company.
(f) Each of sub paragraphs (a) to (e) above shall be a separate and
severable limitation and if any one or
more of them shall prove for any reason ineffective to exclude any
liability referred to in the relevant
sub paragraph(s) the remaining sub paragraphs shall remain in full force
and effect.
16)Other Conditions
16.1)If any provision of these conditions is held to be unenforceable,
it will not affect the validity and enforceability of the remaining
provisions.
16.2)These conditions may be amended from time to time. Any such
amendments shall be effected by posting the
amended terms and conditions within the Service. If you are a member we
will inform you of the Amendment
through our e-mail servicing newsletter. We may also in the same way
extend these conditions to include other
conditions applicable to specific products or services offered by us
from time to time.
16.3)These conditions shall be deemed to be a contract made in Scotland
and these conditions and your use of
the Service are subject to Scottish law and the jurisdiction of the
Scottish courts.
17. We reserve the right to alter
these terms and condition as necessary.
18
Email
18.1) We do not back up individual mailboxes.
18.2) Email messages are removed from our servers
automatically when they are 60 days old. This
applies if the message has been read or not. You
must download your email onto your local machine to
prevent this.
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