2. Broadband/ADSL
Service
2.1 This service provides a connection to the internet, and other
Services, for a monthly subscription charge. Unless otherwise
purchased from us, 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 10 working days to activate your service.
All dates given are estimates, are subject to change and do not form
part of any guarantee. These dates are given on the proviso your
line is clear of incompatible products, including existing ADSL
installations and your exchange is ready for service at the time of
ordering.
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 and the minimum term contract.
2.9 This service and minimum term agreement is based on the service
being maintained at a single fixed address with a single fixed
telephone line number. Any changes to the telephone line number and
installation address may constitute an early termination of this
agreement and will incur any early termination charges.
2.10 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 in full.
4.3 If you damage,
deface or lose our equipment or any associated packaging, we may
require you to reimburse us for the reasonable charges for repair or
replacement.
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
8.1 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. An email
to your nominated contact email address will constitute written
notice. It is your responsibility to ensure your contact email
address is kept up to date from within your online control panel,
available from our homepage.
11. Payment
11.1 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 unless otherwise agreed. We reserve the right to charge
an administration fee of £25.00 and interest at the rate of 2% per
month above base rate of the Bank of England on any overdue
accounts.
11.2 In the event of a continued payment failure we reserve the
right to pass this debt to a debt collection agency who will be
instructed to recover the outstanding amount PLUS interest PLUS all
recovery costs.
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 this
is subject to the cancellation charges that may apply in point 12).
Should your service be made live during this 7 day 'cooling off'
period, you agree to waive these Distance Selling rights.
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 {varies} months (The “Minimum Period”).
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.
Cancellations of orders 4 days or more before the
commit date issued by BT will incur a cancellation charge of £15 (ex
VAT).
Cancellations of orders 3 days or less before the commit date issued
by BT will incur a cancellation charge of £45 (ex VAT).
Thereafter, and in accordance with the minimum term period, the
contract may be terminated at any time in accordance with the
following:
14.1 (a)
That you give us no less than 21 days notice prior to
your next billing date.
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.
14.3 Cancellation requests will only be accepted
from the cancellation request form within the online control panel.
Should you cancel the payment agreement directly with Worldpay, we
reserve the right to cease your service with immediate effect and
pursue any outstanding amounts.
14.4
In the event of BT Wholesale raising a cease charge
for disconnection of a broadband service we reserve the right to
pass this charge directly to the end user.
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 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.
16.3) Download limits
apply for our usenet service , while these may be adjusted from
time-time to ensure a service is provided to the majority of our
customers, maximum downloads per month (running from 1st-1st) is
currently 5GB/month including headers. Should you require more than
this, we suggest a personal Giganews account which provides
10GB/month for around $10
16.4) Email
16.4.1) We do not back up individual mailboxes.
16.4.2) Email messages are removed from our servers automatically
when they are 30 days old. This applies if the message has been
read or not. You must download your email onto your local machine
to prevent this.
17) Additional Charges We reserve the right to charge, where
applicable, a minimum of £15 for any administrative tasks. These
include, but are not limited to, broadband regrades, migrations,
package changes. This charge will be communicated to the Customer
beforehand.
Fair
Use Policy (FUP)
This
section should be used as a guide to our policy with regard to fair
and reasonable use of our broadband, and related services (the
service(s)). Our policy is to provide a quality service to our
Customers who, we trust, will use the service(s) provided to them in
a fair, honest and reasonable manner. The policy is in place to help
ensure we can continue to provide the quality and speed of service
our Customers have come to expect.
Due to the technology used by all service providers in the UK and
the system in place at your local exchange, you share your broadband
connection with other Customers. This is normal for all UK ISPs and
is called contention. Home services usually have a contention ratio
of 50:1 and business connections have, in general, a 20:1
contention.
In general contention is not an issue with broadband services in the
UK. However, some customers, mainly those who use Peer2Peer or file
sharing software, or who pass large amounts of data, are deemed to
be 'Heavy Users' and have a detrimental effect on all users of our
broadband service and an impact on contention.
1. This FUP may be changed from time to time.
2. This FUP is in place to protect all Customers who use the service
from those who wish to abuse the service. We would like to stress
that 99% of all our Customers use the service fairly, and only a
very small proportion of people use the service in a detrimental
way.
3. If you are considered to be a 'Heavy User' we may
still allow you to use the service, however we may limit your
transfer rates at certain times of day or in extreme circumstances,
we reserve the right to ask you to migrate to another provider.
We consider any Customer who regularly exceeds 2GB of
data transfer per day DURING PEAK HOURS to be in the category of
'Heavy User'
4. In the event of a dispute over used bandwidth, our records will,
at our discretion, be considered the accurate figures.
5. If you have a question about our fair use policy, please email
support@surfanytime.com
