T & C’s – Uk telecom

Introduction

 

Our terms and conditions have been written in plain English and are set out to ensure that the obligations we have to our customers and our customers have to us are easily understood.

 

Unless specifically stated to the contrary, all services provided by UKTelecom under this agreement are for domestic use.  If you require enhanced levels of support or repair you need to subscribe to a full business service.  We will not accept liability for any loss or interruption to our services, and by entering into a contract with us you agree that you will have no claim for loss, penalties, liability expenses etc. resulting from a loss of service.

It is therefore your responsibility to insure for any such possible loss or alternatively purchase a business level service.

 

Definitions

Where ‘you’ and ‘your’ are shown they refer to each customer (‘Customer’) and ‘we’, ‘us’ and ‘our’ refer to UKTelecom.  By completing an application for services you have established an account with us regulated by these terms and conditions.  Where you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional services or to modify or cancel your services (even if we were not notified of such authorisation) this agreement covers any such services or actions.

 

Accurate Information

You agree to (1) provide certain current, complete and accurate information about you as required by the application process; and (2) to maintain and update this information as needed to keep it current, complete and accurate.  We rely on this information (such as a suitable email address) to send you important information and notices regarding your account and our services.  In particular you agree that if you fail to notify us in writing of your change of address within four weeks of this change we have the right to terminate your contract forthwith and without notice to you.

 

Fees, Payment and Duration

Each of our products has its own specific conditions which are listed against the product name later on in this document.  The general conditions shown here apply in addition to the product specific conditions.

In return for the service(s) we provide to you, you agree to pay the applicable charges.  These are set out on the application form we send and in information packs that are sent to new customers.  In addition they can be found on our web site: www.uktelecom.net.  You can choose to pay us in Sterling by a UK bank direct debit or in Euros by a French bank Prélèvement.  Our invoices are calculated in Euros and the exchange rate used for Sterling payments is that shown on ‘The Post Office’ web site on the day the invoices are created.

All charges payable by you for the services will be the scale of charges notified to you at the time of your application and these rates may be varied from time to time and are published on our web site.  Depending on the particular service provided, payment may be required in advance or collected in arrears.  Please refer to the conditions that apply to the services you require.

 

If you have a call or internet package with your current provider you will need to write to them by recorded delivery cancelling the package or they will continue to charge you for the service and UKTelecom will not be responsible for the costs incurred.  We provide suitable draft letters free of charge for your use.  Other providers will also require through their own Terms and Conditions notice of cancellation of their services and this must also be sent by recorded delivery.  This needs to be done before proceeding with UKTelecom.

UKTelecom is based in the UK and its invoices apply the UK rate of VAT, which varies in accordance with UK law.  You agree to pay for the services and associated VAT you order from us. We reserve the right to apply an interest charge to sums that remain unpaid after their due date.  This interest is calculated at the rate of 1.5% per month or the maximum allowed by law.

Business customers not liable for UK VAT should contact us to arrange the appropriate exemption.

In the event of non-payment within 14 days of the due date we may suspend, cancel or terminate your services.  After 21 days we reserve the right to cancel all services and apply any termination fees due under the conditions that apply to those services.

 

Changes to Our Prices

We reserve the right to change our terms and conditions when necessary due to the continually evolving nature of our business.  All customers will receive notice of a change either by email to the address they have provided or as a notice included with their monthly invoice.  Customers will receive 30 days notice of any change.  We will also publish any new changes on our web site: www.uktelecom.net. It is the customers’ responsibility to read and understand these changes when they occur.  These new charges will apply to any new services ordered from the date of publication.  Your continued use of the services we provide shall constitute your acceptance of these new charges or conditions.

You may terminate your agreement with us, with the appropriate notice, should you not wish to accept these changes.  You acknowledge and agree that such a termination or cancellation or request for the transfer of any service will be your exclusive remedy and our sole liability should you not wish to accept the changes to this agreement.

 

Billing

Your invoice will be for all services you have subscribed to and will be sent by email to the address you have provided at the end of the first week of each month and collection will take place 14 days after the date of invoice.  In the event that no email address has been provided we will post a paper bill, and a 3€ charge will be added to the bill to cover the additional costs.

 

Failed Direct Debit / Prélèvement Payments

Where an attempt to collect payment against an invoice via a Direct Debit or Prélèvement fails UKTelecom incurs substantial bank charges.  We therefore have to make a charge to cover the costs that we have incurred for reasons that are the responsibility of our customers.  There is a standard 20.00€ + VAT charge for each failed attempt to collect money properly invoiced.

 

Termination

You have the right to terminate this agreement in accordance with the notice periods applying to the services you have required us to provide.  The actual notice periods differ between products.  Please refer to the terms and conditions associated with each product that is shown below.

We shall have the right to suspend or cancel this agreement either immediately or by notice in writing to you if any of the following occur:

  • You fail to make any payment when it becomes due or if we reasonably believe that you will not pay any amount due if an event occurs which is outside of our reasonable control
  • You exceed the terms of our ‘Fair Usage Policy’ for services with unlimited access.
  • You are in breach of any of your obligations under this agreement
  • If a receiver is appointed over your assets
  • If a business customer you cease to carry on business for whatever reason (such as a winding up order or court order)
  • If you propose to enter into any arrangements with creditors, including voluntary arrangements

 

The removal of a suspension for incoming and outgoing calls will incur a charge of 20.00€ + VAT and your account will only be reactivated once payment has been received.

On termination of this agreement for any reason we shall claim all amounts owing to us for the services supplied and payment shall be due in full on demand.  We reserve the right to commence proceedings for outstanding money without further notice in the event of non-payment.  You will not have the right to withhold or offset any portion of this.  If we have to apply this provision we will give you notice by email.

 

It is a condition of this agreement that you leave in place your UK Direct Debit or French Prélèvement arrangements for one month after the services cease to be supplied so that we may collect payment for services delivered under this agreement that are charged for in arrears.

 

Force Majeure

Neither of us will have to compensate the other for any detrimental event beyond the other’s reasonable control.  In this agreement ‘beyond reasonable control’ includes any ‘act of god’, reduction or failure of power supply, other telecommunications operators and suppliers or their equipment including access lines, acts or omission of national or local government authority, war, military operation, riot or delay, employee dispute, or the supply of equipment by third parties.

In any event we shall not have to compensate you for any harm to your business, lost revenues, loss of anticipated savings, lost profits or other indirect, consequential or special losses nor for any charges incurred by you with another service provider.

Without prejudice to this our liability to you in contract or tort arising under or in connection with this agreement shall be limited to a maximum of 3,000.00€ for any event or series of connected events and 6,000.00€ in any 12 month period.

We do not limit our responsibility for death or personal injury resulting from our negligence.

 

Fair Usage Policy

This condition applies to residential customers who have asked us to supply an ‘unlimited’ service.  The cost of these services has been calculated on the anticipated usage by a typical customer.  We monitor usage and in the event that we deem the usage excessive this will be relayed to you by email and you will be advised that the package will be withdrawn and your service transferred to our normal ‘pay as you go’ tariff.  The full ‘Fair Usage Policy’ can be viewed on our web site: www.uktelecom.net.

 

Assignment

We may assign or otherwise transfer this agreement at any time.  You may not assign or otherwise transfer this agreement or any part of it without our written consent.

 

Indemnity

You agree to defend, indemnify and hold harmless UKTelecom, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys’ fees, resulting from any third party claim, action or demand arising out of or related to (1) your use of our connection to the services, but not limited to your application for, registration of, renewal of or failure to renew a particular service registered in your name (2) your use of any domain name registration or other service, (3) your content, (4) your breach or violation of any term, condition, representation or warranty of this agreement; or (5) your violation of any rights of others.  This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

 

Provision of Equipment for Service Requirements

You acknowledge and agree that it is your responsibility to provide all equipment to enable us to deliver the service you have applied for and to pay for such equipment or service. A working telephone line is necessary for the standard Broadband service.  An operating software of Windows 2000; MAC OS X or newer is required for Broadband services. Preferably your computer will have an Ethernet port, but if not it must have an active USB port.  If there is no USB port the computer will need a working Ethernet card for Broadband services.  Please note that if you do not have these facilities you may not have the quality of service our Broadband service is capable of delivering and we might not be able to provide the usual high level of technical support.

You must use the modem we supply as we cannot provide the same level of technical support and remote diagnostic support with other products.

 

Service Accessibility

Once your service has been correctly installed it is designed to be continuously active.  UKTelecom is not responsible for any malfunctions resulting from events outside of its control; nor do we accept responsibility for problems of compatibility or any related matter associated with your equipment.  However we provide free technical support in normal office hours to address all our responsibilities.  In the event that we can establish that the fault lies with others we will try to give advice on who should be approached to remedy the problem.  We accept no responsibility for any advice given.  We shall not be liable for interruptions to our service caused by a problem with your France Telecom line.  It is your responsibility to contact France Telecom to have the fault repaired.  If you rent your line from us we will arrange for the fault to be repaired.

All faults should be reported to support@uktelecom.net or via our free-phone number 0805 631632.

 

Improper Use of Services

In the event of late payment or breach of our ‘Fair Usage Policy’ we reserve the right to restrict or suspend the service.  This will not be done without first informing you – usually by email at the address you have provided to us.

It is generally appreciated that information available on the internet is not subject to protection and safeguards.  You have the responsibility to protect your transmissions and computer data.  It is not possible for UKTelecom to accept responsibility in the event that unauthorised persons or organisations obtain access to transmissions or data.  Neither can UKTelecom accept responsibility resulting from the acts of third parties using such information.  We are also required in law to suspend a service if French laws and regulations have been broken, and we may be obliged to terminate the contract.  For example regulations relate to intellectual rights, sending of unsolicited emails, the protection of minors, acts that are prohibited in respect of minorities etc.  This is not intended to be a comprehensive list but indicative of the type of requirements placed on individuals.

 

Privacy

We need to hold information you have given us to enable us to provide you with services and we need to pass appropriate details to our suppliers for the same reason.  We do not provide your details to any other organisations.  You agree, by using our services, that we may hold your details on our database.  We take reasonable precautions to protect your personal data from loss or unauthorised access. Our procedures are compliant with the GDPR.

 

General

You agree and acknowledge that any acceptance of your application for services and the performance of them by us will occur at our offices in the UK, the location of our principal place of business.

Nothing in this agreement shall be construed as creating an agency, partnership or other form of joint enterprise.

If we do not require you to follow any provision within this document it will not remove your obligation to observe all other conditions.  If any clause becomes unenforceable it will not make the rest of this agreement invalid and the original intent of the agreement will be embodied in a new agreement.

 

Law

UKTelecom may bring proceedings for breach of contract in either the English or French jurisdiction or elsewhere and you agree to submit to the jurisdiction of the court where proceedings are commenced.

 

Specific Terms for Services

 

New Line Installation Management

 

For a single payment of 40€ + VAT we manage the installation of a France Telecom line subject to receipt of accurate information from the customer and their cooperation with France Telecom engineers to ensure the installation is completed efficiently.

Whilst every care is taken to process customers’ instructions we cannot accept responsibility for errors, omissions or failures of third parties.

 

Line Rental

 

Purpose

The UKTelecom Line Rental means the offer of sell-back of the traditional operator’s telephone line rental put forward by UKTelecom from a telephone land line in mainland France.  In this way you will have a single contact intermediary in the person of UKTelecom for your service, billing and calls.

When applying for UKTelecom Line Rental it shall be assumed that your telephone line is already covered by a contractual subscription to the traditional provider, or that it sustains a service provided as part of a wholly unbundled package, or by an internet Broadband access offer (only partially unbundled).

In all other cases, in applying to the UKTelecom Telephone Line Rental, it shall be assumed that your telephone line fulfils UKTelecom’s technical feasibility specifications.

The UKTelecom Telephone Line Rental concerns all calls made by you, including calls to short numbers, special numbers and VOIP numbers, type 0870 or 0970.  UKTelecom implements the required technical process by the intermediary of traditional provider by enabling access to a telephonic network for you, as well as access to services related to the UKTelecom Line Rental provided by UKTelecom or by a third party.

If you already have line rental with a traditional provider you will retain the same telephone number.  In all other cases a new number will be provided.

 

Conditions Related to Service Access

By agreeing to these terms you give authority to UKTelecom to carry out all necessary administrative procedures in your name and on your behalf to set up the UKTelecom Telephone Line Rental.

You are informed by this agreement that the transfer to UKTelecom Telephone Line Rental entails the cancellation of telephone service offers you used to have (France Telecom subscription offers or any other provider dealing in the resale of France Telecom subscriptions).  However Broadband services from other providers shall not be affected by this transfer.  It is a condition of our providing you line rental service that all calls made by you, as defined here shall be made over our services and accessible without dialling a UKTelecom prefix.  In addition, installation of the UKTelecom Telephone Line Rental no longer permits you to choose a different provider by simply changing prefix from one call to the next.

 

Activation

Commissioning the UKTelecom Telephone Line Rental generally takes 15 working days from the date of receiving the completed UKTelecom agreement form.  This time-frame shall not apply if commissioning the UKTelecom Telephone Line Rental involves connection assistance in your home and / or carrying out work.

Please note that there may be a minor service interruption on the day when the line rental is transferred to us.

 

 

 

Costs Related to Service Access

In the event of a new line being set up, installation costs are regulated and invoiced by France Telecom.

If you are moving within the same area and it is possible for you to retain your current number you can choose to have this by paying an additional single fee of 59€ + VAT.  Retention of your number cannot be guaranteed and will depend on France Telecom’s decision.

If an engineer is asked to attend your property because of a fault which is found to be inside your property and not on the France Telecom network you will be charged by France Telecom for this call-out.

In the event that you were not present when, by appointment an engineer called you will be charged a penalty to cover the engineer’s costs of 59€ + VAT.  You will also have to contact UKTelecom to make another appointment.

 

Technical Call-Outs

Fees contingent upon any technical assistance shall remain liable to and payable by you.

 

Service Fees:  Charges and Invoicing

Rates may change at any time, and when this is necessary we will give you 30 days notice before they become effective.  Your first line rental invoice will include a one month deposit and payment in advance for the current month.  Thereafter you will be invoiced monthly for your line rental service.  You agree to settle our invoices by either a UK Direct Debit or a French Prélèvement only, on a monthly basis as invoiced by UKTelecom.  The invoice will include all services you have requested.  Any complaint about your invoice must reach us within 10 days.  After that the invoice will be considered as accepted.  If we deem your complaint to be valid any nonies owed to you will be credited to your account within 30 days, and will be listed on your next invoice.

In the event that you cancel your line with France Telecom after the order has been submitted a charge of 45.00€ + VAT will be charged to you by UK Telecom.

 

Faults on the Line

It is your responsibility to notify us by email or phone if you have a technical issue on your France Telecom line.  We will endeavour to arrange for the line to be repaired as soon as possible.  We are reliant on the speed of the engineers contracted by France Telecom and therefore cannot be held responsible in the event of delays by third parties.

The telephone line remains the property of France Telecom and under this agreement UKTelecom undertakes to manage it on your behalf.  UKTelecom shall not be responsible for any damages including actual, direct, indirect, incidental, special, consequential, punitive or reliance, or for any lost profits of any kind, even if the damages were foreseeable, arising out of the provision of this or related services, or in any way arising out of the UKTelecom Telephone Line Rental.  UKTelecom’s liability is precluded from any case caused and in particular cases involving telecommunications operators’ failure.  You shall undertake to waiver all right to claim to damages award or to cancellation of this agreement on the grounds of distorted presentation or non respect of warranty where none had been granted in respect of the present agreement.  UKTelecom shall not be held responsible for any failure of France Telecom’s part for technical faults on the line, delayed or missed appointments.

 

Cancellation of the Line Rental Contract

This agreement has been concluded for an indefinite period with a cancellation fee of 16€ + VAT in the first six months.  After this initial period it may be terminated with 30 days notice.  Contract termination must be given by email or by recorded delivery, with acknowledgement of delivery to our UK address.

It is also your responsibility to notify us under these same cancellation conditions if you have cancelled your line with France Telecom or moved to another operator or charges will be applied.

 

Telephone Calls

(Carrier Pre Selection)

 

General

This service enables you to choose UKTelecom to carry your outgoing telephone calls on your land line.  We may vary these services so we can maintain or improve the quality or comply with any new regulation.  You are responsible for the usage of the service after installation.

 

Ordering the Service

When applying for this service you will need to also send us a copy of a recent bill from your current provider.

 

Duration

This agreement is for a minimum of 30 days duration and will continue until either of us gives the other 30 days written notice of termination.  We will accept notice by email sent from your email account on our records.

The agreement may be ended immediately by you if we break a term of this agreement, which we have not rectified after 14 days, or if the other party stops trading or becomes insolvent or is wound up.  We may end this agreement without notice if you break any of your obligations under this notice.

On termination of this agreement for whatever reason you will:

  • Immediately pay all outstanding amounts
  • Be responsible for any reprogramming of any costs for you to use an alternative provider
  • Reimburse UKTelecom for any costs incurred in transferring your services to us if the service is cancelled within 90 days up to a maximum of 15.00€ + VAT.

 

Charges

UKTelecom charges you for the calls you make using this service.  The charges are specified in our price lists valid at the date of commencement of the service.  The charges are based on data collected on our suppliers’ equipment and not your own records.

 

Competitive Pricing Clause

If you are offered cheaper local, national or international call prices for exactly comparable services (including but not restricted to carrier quality and direct and indirect switching methods and procedures) by another supplier, UKTelecom reserves the right to match these prices.  If we do not you may end the agreement within the terms of this agreement but without payment of any compensation charge.

 

Suspension of Service

We may suspend the service (without being liable to compensate you) if:

  • There is a national emergency
  • To comply with a request from a government or other competent authority
  • To protect or provide services to rescue or other essential services

 

Broadband

 

We offer three types of broadband services.  ‘Dégroupage partiel’, ‘Dégroupage total’ and satellite.  Both Dégroupage partiel and Dégroupage total require a continuously operating telephone line.  Therefore the standard service is not compatible with a Ligne Résidence Secondaire’ (a France Telecom service that allows line rental to be suspended when not in use).

If the line servicing either Broadband service is ceased it will automatically terminate the Broadband facility and this will consequently cause cancellation charges to be paid and new connection charges and a new contract will have to be entered into if the service is to be reinstated.

 

It is therefore imperative that line rental bills are paid on time to avoid these costs.

 

Please note that your line rental service must remain active at all times because a cancellation of the line rental service will automatically cancel the Broadband service and cause cancellation fees to be charged.

 

Type and Activation of Broadband Services

The availability of Broadband and its speed is dependant on technical issues associated with your individual France Telecom line and the equipment installed at your local exchange.  There are some areas where this service is not available and others where the speed will be considerably slower.  Please note that we are not able to take any action on your behalf if France Telecom do not provide the facility for Broadband.

Please note that we always undertake a test of your line before accepting your order to ensure that you are not miss-sold our service.

If your telephone line is in an area where we can provide a Broadband service UKTelecom will seek to activate the fastest Broadband on your line.  We need your authority to undertake this work and provide a suitable mandate that we can use to request France Telecom to take the necessary action.  If you are not the person known to France Telecom as the person responsible for the line you will remain responsible to the person who’s name the line is in and guarantee UKTelecom against any claims made by the line holder.

You will be advised that this technical solution replaces any previous Broadband service, but will not automatically exempt you from the contractual obligations you have agreed to fulfil upon your signature of your previous Broadband contract.

 

Dégroupage Partiel

This service is applied to all lines with a broadband speed of less than 2Mb.  This requires a line rental subscription and a broadband subscription.  Where technically possible a second telephone line over the standard Broadband service.  The second telephone line will have a different number and will require a separate phone to be connected to the modem used to provide the Broadband connection.  It is capable of accepting incoming calls, voicemail and other services.  If you are provided with this service you will only have one line.

Your Broadband subscription starts on the date when your Broadband service activation is confirmed.  Please bear this in mind when you submit your Broadband application, especially if you are not residing in France permanently.

If you are changing your Broadband supplier it is very likely that your service will be interrupted on the day when the actual connection is being performed by the engineers.

 

Telephone Calls Made Over Your Broadband Service

You can connect one telephone directly to the modem we supply.  This needs to be of the touch tone type.  Calls made with this will be carried over the UK Telecom internet service.

Our standard Broadband service is independent from your existing telephone services and you can continue to make calls in the usual way if you have ADSL filters correctly installed to all wall sockets.  All calls made over the Broadband number will attract charges with the exception of 1 hour of free calls monthly with our standard Broadband service.

 

Dégroupage Total

This service still requires a working telephone line but all calls are carried over the Broadband service.  There is no line rental charge with this service; however your line must have a minimum speed of 2Mb for the service to work satisfactorily.  In the event of a fault on the line all services will be lost and the Broadband charges will still be made as the service is still working.

This service includes unlimited calls to landlines in 100 countries and our fair usage policy applies.  This reflects the fact that the service is for domestic and not business users.

 

A very small number for customers applying for this service may experience a short period of loss of all services due to technical problems at their local exchange that are not possible to determine before commencing processing of their order.

 

Your Modem

We supply a high quality modem with wifi capability that is dispatched by recorded delivery.  Full details are provided in the user instructions and are also available on our web site: www.uktelecom.net.  You can either rent or purchase the modem and accessories. If you rent the modem we provide it remains the property of UKTelecom and must be returned at the end of the contract in good working order by registered post within 30 days of the end of the contract.  In the event that all the equipment is not returned, charges will be incurred.

Full instructions in English are sent with the equipment.  The modem requires a standard power supply and in normal usage it should be connected at all times.

 

In the event of a power cut or likely electrical surge typically due to a storm damage can be done to the modem for which UKTelecom is not liable.  It is advisable that all telephone equipment is connected using a ‘power surge protector’.  Both the power and telephone connections should be unplugged when storms are anticipated or when you expect to be away from your property for some time to avoid damage.

 

If you are on our standard Broadband service in the event of a power cut not associated with a storm you will lose your internet access and calls made from a phone connected to the modem will go over the normal land line with the associated costs.  If you are on our Dégroupage Total service you will have no Broadband or telephone services in these circumstances.

You are responsible for the installation of the modem and we provide free written and technical support should you need it.  UKTelecom reserves the right to upgrade the performance of your modem to improve performance and reliability.  This may be done remotely and may require your assistance to remain connected to the service.

 

Your France Telecom Line & Relocation

You must maintain a working France Telecom line for our standard Broadband service to work.  Whilst the line service can be purchased directly from France Telecom taking this service from UKTelecom ensures a better level of technical support.  An active line has to be installed before the broadband service can be connected.

Please note that if you move, change your number or move and retain your number your Broadband service will cease and it is important to advise us at least 30 days in advance of such an occurrence so that we can advise you of any costs and use our best endeavours to ensure continuity of service.  Please note we cannot guarantee continuous service as we have to rely on France Telecom engineers to undertake work at your local exchange and this will depend on engineer availability that is outside of our control.  Your new address will need to be within a zone where a Broadband service is available.  It is not possible to guarantee retention of your Broadband telephone number but we will use our best endeavours to retain it on your behalf.

 

Reliability of the Service

The service is very stable and most problems arise from either incorrect installation or a fault on the line between the local exchange and the property.  If this is the reason for the service not being available there is no fault on the part of the Broadband service and charges will continue to apply.

Whether the line rental is purchased directly from France Telecom or from UKTelecom the line remains in the ownership of France Telecom but they will not pay any compensation for loss of service on the line.  Like any technical service, development and maintenance work has to be undertaken from time to time.  You can expect to have access to your service for 97% of the time.  In the unlikely event that disruption to the service in any one month due to our Broadband service issues is above 3% we will at your request credit you on a pro rata basis for any period in excess of 3%.

 

Minimum Contract Period, Continuity and Termination

 

There is a minimum 12 month contract with our Broadband services, with a cancellation charge equivalent to the balance of the remaining 12 months within the first year.  Contracts can be terminated by email or recorded delivery letter addressed to our UK offices.  If you have taken our services for at least 12 months you only need to give us 30 days notice.  Your contract will be continuous until you give us notice you wish to cancel the service.  For return of the modem please refer to ‘Your Modem’ below.

 

Our Responsibility to You

It is our responsibility to ensure that the modem we supply is delivered to your address and that the Broadband service is active on your line, and that we supply sufficient information to ensure that a serviceable computer can connect to the modem.

We provide as part of our service remote diagnostic checks on your line and modem to identify where any problem might be, and will address any found to be on the service and if elsewhere we will provide advice on what needs to be done.

 

Your Responsibilities

It is your responsibility to ensure you will be at your address at the time we agree to send your modem as it must be signed for.

Tariffs

UKTelecom Dégroupage Partiel Price List

Effective April 2018 (subject to change)

Minimum Contract 12 Months
Line Rental 17.96€/month
Broadband Subscription 24.95€/month
Modem Rental 3.00€/month
Modem Purchase 60€
Additional Line Free with services having line rental
Activation fee 30€
Non Return of modem 100.00€
Cancellation Fee Balance of the contract if terminated within 12 months.  Thereafter 30 days notice.
Reactivation if line is cut during contract 59.00€ for the line and 30€ for the broadband
Transfer of subscription to another line (after 12 months) 59.00€ for the line and 30€ for the broadband
Transfer to Dégroupage total 70.00€

 

UKTelecom Dégroupage Total Price List

Effective April 2018 (subject to change)

Minimum Contract 1 year
Broadband Subscription

 

36.90€/month
Modem Rental 3.00€/month
Modem Purchase 60€
Unlimited Calls to Landlines within 100 countries Free
Activation Fee 35.00€
Non Return of modem 100.00€
Cancellation Fee Balance of the contract if terminated within 12 months.  Thereafter 30 days notice.
Reactivation if line is cut during contract 59.00€ for the line and 35€ for the broadband
Transfer of subscription to another line (after 12 months) 59.00€ for the line and 35€ for the broadband

 

 

Modem Exchange

The replacement of faulty or damaged modems through the following procedure:

  1. Modems damaged by electrical storms or other circumstances unrelated to their serviceability will be replace with a charge of 60€
  2. Modems that develop faults that are rented will be replaced free of charge with the faulty modem being returned to our offices at your cost. If not a replacement fee of 60€ will apply
  3. Modems that have been purchased and that have developed a fault within 12 months will be replaced under the guarantee. Thereafter they will be replaced at a cost of 60€ if the faulty modem is returned to our office at your cost.  If not the replacement will be 100€
  4. You can request an express delivery of your replacement modem for a cost of 10€

 

Suspension of Broadband Services over Land Lines

 

You can suspend your broadband service as set out below, but where suspension takes place within the first 12 months of the contract the contract will be extended by a similar amount.  The service cannot be suspended during a notice period.

 

Dégroupage Partiel Services

Where your Broadband service is carried over your land line and the landline also caries your calls you can suspend your Broadband for up to 4 months in any 12 month period.  The suspension must be for a minimum of one month and this can be done up to 4 times in the 12 month period.  Suspension can take place on either the 1st or 15th day of the month.  The line rental will still be charged but there is no Broadband charge.  If the line is provided by another supplier there is a 5€ charge for each month of suspension.

 

Dégroupage Total Services

Where your Broadband also carries your calls you can suspend your service for a maximum of 4 months in any 12 month period.  The suspension must be for a minimum of one month and this can be done up to 4 times in the 12 month period.  Suspension can take place on either the 1st or 15th day of the month.  There is no line rental to pay during periods of suspension and the monthly charge whilst suspended is 5€.

You need to provide an instruction by email to suspend either service and this should be done at least 2 working days before the 1st or 15th of the month.  A call or an email is all that is needed to reactivate the service.

 

Access to UKTV – British Virtual Private Network e.g. TV and Radio (iPlayer and other free to access via the internet)

Provision of the service

UKTelecom will supply on request to all Broadband customers access to a British Virtual Private Network allowing customers to receive many services including TV programming such as the iPlayer and other channel equivalents.  The quality of the service will be dependent on the speed of your Broadband service.  If this is less than 2Mb the service will be poor.  It is designed to be accessed through your PC or other devices but not your TV.

This service will be provided free of charge for subscribers providing that their account is maintained in good order.  However we reserve the right to suspend or withdraw this service at our total discretion.  We also reserve the right to charge for it following 30 days notice should market conditions change.  In such circumstances suspension or withdrawal of the service may be immediate.  You will have no claim against UKTelecom in such circumstances.  Reinstatement of the service will be at the sole discretion of UKTelecom.

The free service is limited to 15 GB per month.  If you use between 15 and 30 GB we will invoice you 7.50€ including tax for the month in which the limit was exceeded.  If your usage is over 30 GB you will be charged 17.50€ including tax for an unlimited service.  This will be included in your usual monthly invoice.  (Please refer to our Fair Usage Policy for more details.)

We will otherwise provide 30 days notice of our intention to suspend, change or withdraw the service, normally by notice included on your monthly invoice.  In the event that the service is discontinued you will have no claim against us.

The service also allows access to other products and web sites, for example access to films that may be downloaded.  Such services use considerable capacity and we therefore apply a policy covering fair usage.  In the event that usage limit is exceeded we will invoice you for the additional use, such amounts being clearly stated in our ‘Fair Usage Policy’.

By using this service you agree to be invoiced for usage above the limit set out in this policy and collection of the fee due to be included in your monthly invoice.

 

Acceptable Use Policy

As with our Broadband service, you agree not to and not to allow others to use this service in a way that will breach any applicable laws such as copyright or other intellectual property right.  This also includes the commission of any criminal offence under the Computer Misuse Act 1990 (UK) or any similar legislation in France.

You also agree not to recklessly transmit or otherwise any information that is defamatory, an invasion of privacy, nor display publicly material which is in breach of the Data Protection Act 1998 (UK) or similar legislation in France.  You also agree not to use the service in a way that would infringe any rights of any kind or nature that would apply to any individual or firm or company etc.

 

Ker-Pow UKTV Service

This premium service enables you to watch UK internet accessed TV programmes on your own TV and if a smart TV access through its remote control, or if an older TV through a NowTV box and its remote control.  A minimum broadband speed of 2Mb is required.

 

Suspending the Ker-Pow Service

This is a subscription service.  However it can be suspended on a monthly basis, either on the 1st or 15th of the month in monthly units and there is no restriction on the length or number of suspensions.

 

Free Technical Support

We will provide free technical support to assist you accessing the service using the user name and password we provide.

 

Note: Users of these UKTV offers should have a UK address and a TV licence and should therefore satisfy themselves that they are eligible to access the service.

 

Terms and Conditions for your Satellite, Broadband and Associated Services

This Agreement applies to all transactions with UKTelecom whether placing your Order directly through our or any approved third party websites, by telephone or by post or any other method accepted by us. By using our website and any, you hereby agree to and accept the following terms and conditions in full

DEFINITION

In this document, these words have the following meanings:

“We”, “we”, “Our”, “our”, “Us” and “us” or “UKTelecom” refers to UKTelecom Ltd, incorporated in England (Company registration number 4762679), which has its registered office at Prior House, 35 Sydenham Road, Guildford, Surrey, GU1 3RX.

“You”, “you”, “Your“, “your”, “Yourself” and “yourself” refers to you, the customer; separately both you and us maybe referred to as a “Party”, together we are referred to as the “Parties”

“Agreement” refers to the contract between you and us including these terms and conditions and the contents of any corresponding order form or registration form;

“Cancellation Notice” is a written instruction from you, received by us within 7 calendar days of your installation, requesting us to terminate this Agreement;

“Charge(s)” refers to any sums that are payable by you for the Services calculated on the basis of any and all rates, prices and any other charges set out in our current published prices or otherwise notified to or accessible by you;

“Competent Authority” means the Independent Regulator and Competition Authority for UK Communications Industries (“Ofcom”), any successor organisation or any other Government Department or regulatory body including without limitation any Emergency Services Organisation;

“Customer Equipment” means any hardware or apparatus (not being Equipment) provided and used by you in order to use the Services;

“Cooling off Period” shall have the meaning set out in Clause 0;

“Downgrade Fee” is a one-time payment made each time that you ask us to move your Service level from a higher grade to a lower grade, limited to one request per month;

“Equipment” includes, but is not limited to:

  1. The satellite transceiver, dish and VSAT modem; and
  2. Any upgrades to these items where an Equipment upgrade has been supplied to you; and
  3. The items of hardware and software otherwise covered under this Agreement; and
  4. Any other items with which we make available to you to use or receive any of the Services;

“Due Date” is the date on which any particular Charge should be paid, meaning that we have received cleared payment from you;

“Fair Access Policy” or “FAP” means the application and measurement of data usage thresholds applied to each level of Service to ensure fair and acceptable use of the network.

“Group Company” denotes any parent, holding, associated or subsidiary company of UKTelecom Ltd and any subsidiary of any such holding company as may exist from time to time;

“Installer” is the person or team that we select to install and commission the Equipment if you select us to install your Equipment;

“IP Address” usually denotes a dynamically assigned TCP/IP (Transmission Control Protocol/Internet Protocol) address provisionally assigned by us to you to enable the Services to be provided unless the Service purchased by you is specifically provided with one or more static IP addresses;

“Latency” is the time taken for a signal to pass to or from your Customer Equipment to the Satellite Provider’s physical network.

“Licence” means any licence or authorisation required by law and granted to us to provide the Services by Ofcom or any other relevant licensing organisation in the country in which we are providing the Services to you;

“Minimum Period” has the meaning set out in Section 0 ;

“Monthly (or Periodic) Service Charges” means those Charges, recurring or otherwise, that are invoiced before, during or after the month or period in which the Services were provided or Charges chargeable.

“Order” is the act by you requesting Services from us either through our website, by telephone, in person, in writing or any other method deemed acceptable to us;

“Package” denotes the combination of Services selected by you from our range of Services;

“Professional Installation” means the delivery, installation and demonstration of the Services and Equipment to you by our Installers;

“Published Prices” means any pricing information published by us from time to time on our websites or in other documentation provided to you, which includes the prices and rates for the Services and Equipment we offer including the usage rates for the Services and any and all other additional Charges;

“Satellite Broadband Service” means the service that allows you to access the internet (and any ancillary services such as television and telephone, collectively known as the Services) via satellite.

“Satellite Provider” means the organisation that ultimately owns or controls the satellite that we use to provide you with the Services including any associated physical networks used in order to provide the Services;

“Service(s)”, any services accessible over the internet via the Satellite Broadband Services and any other services used by you and provided by us including services accessed using our Equipment to include, but limited to telephone and VoIP services, television streaming media and wireless services ;

“Software” means all proprietary software supplied by us to enable you to use the Services.

“VSAT equipment” is the specifically the modem, LNB (transceiver) and other associated electronic components but specifically excluding the satellite dish

“Upfront Charges” means the one-off payment required as an integral part of your Order that covers the setting up of your account, any connection and account set-up charges, delivery of your Equipment (either via our Installer or through a third party), installation charges, other items or hardware chosen by you with your Order, initial Monthly (or Periodic) Charges and deposits and any other Charges notified by us and accepted by you through your order.

“Volume Booster Option” means the purchase of extra-volume traffic occasionally assignable by us to you.

“Working Day” means all days other than Saturdays, Sundays Public & Bank holidays in the country in which you use the Equipment.

 

THE AGREEMENT

  • The purpose of this Agreement is to set out the terms and conditions under which we will provide the Services and Equipment to you.
  • This Agreement constitutes a legal valid and binding obligation on each Party and by Ordering the Equipment and Services, you confirm that you are authorised to enter into this Agreement.
  • This Agreement begins at the point that you confirm to us via telephone, online or in writing that you wish to Order Services and/or Equipment from us. In placing your Order, this includes your Agreement to make the full payment of the agreed Upfront Charges in a manner acceptable to us including Debit/Credit card, BACS or similar direct bank to bank transfer.
  • We reserve the right to carry out a credit check on you and to disclose information regarding your payment history to any credit agencies that we choose to do so.
  • We may at our sole discretion reject your Order for some or all of the Services without any liability or responsibility to provide such reason to you. We may inform you of this rejection up to seven days from receipt of Order. Any such rejection will include a prompt refund of any monies paid by you in relation to the rejected Services.
  • Where we agree to your request for Services, we will endeavour to arrange to connect you to the Satellite Broadband Service as soon as is reasonably practical for us, taking into account our existing installation commitments and opportunities to coordinate installations on a regional basis.
  • If you select our Installers to conduct a full Professional Installation, they will undertake the activation of the Services and the suitable connection of your primary computer. When we have established suitable proof of connectivity, we require that you complete the authorisation and signature of our Certificate of Delivery and Acceptance and Schedule of Equipment forms whilst our Installer is still with you. In the event that you fail to complete these documents or they are not received by us for any reason, you are deemed to accept these documents as appendices to this Agreement and any other documentation that we have provided to you in relation to the Services and for the Equipment when the Equipment is used to enjoy the Services, for example, when the Internet is first accessed.
  • The standard duration of this Agreement will be for a Minimum Period which is normally 24 months or any other period accepted by us in your Order. At the end of this period you will be entitled to terminate the Service by giving 30 days written notice to us (further details about leaving the service are set out in Section 0 (“Ending this Agreement”).
  • This Agreement can only be terminated during the Minimum Period at our sole discretion. In the event that you require us to terminate the Services prior to the end of the Minimum Period, you agree that we are able to charge you for all relevant Charges which would have been payable by you up to the end of the Minimum Period. If you want to terminate this Agreement after the Minimum Period, one month’s written notice is required and that notice period shall commence at the end of the month in which we acknowledge receipt of your termination request.
  • You have the right to cancel this Agreement at any time between your Order and seven (7) days after the initial installation (“Cooling-Off Period”) by giving us notice in writing during this period. If you exercise the right of cancellation during the Cooling Off Period, you remain liable for any Charges incurred up to and including the date of disconnection together with the cost of returning the Equipment to us. See Section 0 for more details.

PROVISION OF SERVICES

  • We shall provide and you shall use the Services and Equipment subject to the terms of this Agreement, acceptance of which is acknowledged upon the earlier of your ordering of the Services, the completion of the installation or the use of the Services.
  • We will provide the Services to you from the date we activate them and will continue to do so unless this Agreement is terminated properly.
  • By way of use of the Services, you acknowledge that our Services are recognised as that of a “mere conduit” as we do not have any impact upon information carried by our Services over the Internet. you therefore represent, warrant and undertake that all information originated, carried and/or routed by and/on your behalf over our Services is your total responsibility.
  • In supplying the Services to you we will use reasonable skill and care but are unable to guarantee fault free performance. We do not warrant that the operation of the Services will be uninterrupted, timely, error free or secure or that the Services will meet any of your specific requirements. You acknowledge that we cannot be held responsible for unforeseen interruptions, non availability from outages or deterioration of the Services that occur entirely out of our control.
  • The Service is provided with certain performance expectations. For example, the end-to-end service availability rate target is 99.5% measured over a rolling 12 months period for each spot beam (also known as the “Annual Availability rate”). More details of our current technical service levels will be found on our website. The Annual Availability rate excludes interruptions of or degradations in service provision resulting directly or indirectly from atmospheric or extra-atmospheric disturbances (solar storms or solar flares, meteorites, temporary adverse weather conditions etc.), operations of preventive maintenance carried out after we have informed you of the interruption, downtimes caused by system hardware and software upgrades when coordinated with you and/or earth station outages (of a few minutes per day over a period of up to five days maximum, generally in March and October). We will endeavour to provide you with notice of any such planned service interruptions where practical, giving you five days notice and we will also include such data within our website.
  • If a fault occurs you should notify us at the earliest opportunity. If you are unable to access the Services, you remain liable to pay all Charges that would otherwise apply.
  • We have the right to change or suspend the Services where we reasonably determine that any technical modification to the Network or change in our trading, operating or business practices or policy is necessary to maintain or improve the Services which we provide to you, including, but not limited to:
    1. changing the code or technical specifications of the Services for operational reasons including quality of service;
    2. interrupting or suspending the Services due to an emergency, for the purposes of repair, maintenance, improvement or because of other operational reasons;
    3. giving instructions to you which we believe are necessary for health or safety or for the quality of the Services provided to you or to other consumers;
    4. where there is any change or amendment to any law or regulation which applies to our trading, operating or business practices or policy or the Independent Regulator and Competition Authority for UK Communications Industries (Ofcom) or any other Competent Authority makes any direction or order recommending or requiring any technical modifications or changes in our trading, operating or business practices or policy;
    5. in our reasonable opinion it is otherwise necessary or desirable to do so.
  • Where practicable, we will contact you prior to the changes being introduced. We will also publish particulars of any changes (including the relevant dates) on our website as soon as reasonably practical, prior to the changes being introduced.
  • We are not responsible if you are unable to access the Services due to the fact that your apparatus or equipment is incompatible with the Services provided, or does not conform to any minimum specifications specified by us. It is your responsibility to ensure your equipment is maintained and in working order in accordance with these minimum specifications. We shall not be held liable for any pre-existing defect on, or incompatibility with your computer hardware or software. We may from time to time alter the minimum specification required to access the Services. Any such notices will be published on our website
  • In order to get the best performance from your Equipment and Services we recommend the following minimum specification requirements:
    1. Windows 2000 or higher (including Windows XP, VISTA and Windows 7) or Mac OS 10.X or higher.
    2. Network capability (10/100 Ethernet pre-equipped).
  • If you change address at which you require the Services, we will endeavour, but will be under no obligation, to provide you with the Services at your new address. You will still be liable to pay the applicable Charges in relation to the Minimum Period. You must give us at least 30 days notice if you want us to relocate your Service to your new address. Where we agree to provide the Services to your new address, you shall pay us the applicable charges for the de-installation and re-installation of your Equipment which we will quote for you on receipt of your written or emailed transfer request.
  • We will use reasonable endeavours to maintain the stated levels of service availability. However, there may be factors we cannot reasonably control such as the temporary adverse weather conditions or a failure on the part of a third party operator, for example the Satellite Operator, beyond our reasonable control. In these circumstances, we or anyone connected to us acting as our agents shall have no liability. We do not take responsibility for access to third party websites and/or servers.

USE OF THE SERVICES

  • We provide free technical support to you for this service. Access is via our freefone number from France 0805 631632 or +44 (0) 1483 477100.
  • You accept that we may change or withdraw any element of the Services from time to time and will use all reasonable efforts to notify you of any necessary change in the Services.
  • We will try as far as is reasonably possible to keep the Service free from viruses, bugs and errors, but we do not guarantee that it will be free from infection or anything else that may damage your equipment or data. We will not keep any back-up copies of emails or other data belonging to you. We accept no liability for damage caused to your own equipment if you download software or other services.
  • As a user of the Services, you accept that we do not control, endorse or censor the material made available by the Satellite Broadband Service and the World Wide Web. You accept that third party material could be illegal, misleading, offensive or deceptive. You use it at your own risk and subject to all applicable national and international laws and regulations.
  • We do not guarantee that the information and services you may obtain from the Satellite Broadband Service will be suitable for your purposes and requirements. You accept that the information and services you may obtain via the Satellite Broadband Service may not be complete, accurate, up-to-date or free from errors.
  • We do not permit you or others to cause nuisance or inconvenience to us or to other users in any way. This includes hacking, Network sniffing or similar techniques, or sending unsolicited messages without reasonable cause, by spamming or using anonymous remailers or different servers, or other means. If you, your employees or other users of your Equipment send any such messages through the Satellite Broadband Service, you may be liable to criminal or civil action in either the UK, French or other appropriate jurisdictions, and we may suspend and disconnect your use of some or all of the Services.
  • If you deal with any third party or exchange material with that third party while using the Satellite Broadband Service, you accept that you are entirely responsible for such transactions.
  • You agree that if we stop the Service to you, you will cease to use the Services and you will immediately return to us all the items supplied to you that remain our property or, at our option, delete or destroy all software that we provided to enable you to access the Satellite Broadband Service. More details can be found in Section 0.
  • The Satellite Operator may from time to time restrict applications which have a negative effect on the network. These include but are not limited to applications for non-professional use, notably Peer to Peer applications and any other protocol liable to have a deleterious impact on the overall quality of service of the Services.
  • Due to Latency, certain applications and uses are not recommended over the Satellite Broadband Service. Whilst we will make certain efforts to make you aware of this, you accept that it is your responsibility to check with us the suitability of the Satellite Broadband Service for your requirements. If you proceed to purchase the Equipment and Services for use with any application or service that we have not recommended, the failure of the Services to support such an application will not constitute a right to cancel, and as such you will not be entitled to any refunds and the Minimum Period will remain valid.
  • We make our Services available to you and, if relevant your designated employees or other authorised users and supply to you the Equipment on the conditions that :
    1. They are not used for anything illegal, immoral or improper;
    2. They are not used to offend or create nuisance;
    3. Only the Equipment or other items as may be supplied by us to use with the Equipment are used;
    4. The Equipment is not lost, stolen or damaged (howsoever caused);
    5. You promptly give us any information that we reasonably request;
    6. You follow all reasonable instructions we give you in relation to the Installation, the Services, the Equipment and the Charges;
    7. When attempting to use the Services, you are in range of any Equipment forming part of a wireless network;
    8. You or your employees/users do not re-sell, exchange, rent, hire, or permit access to the Services or the Equipment to anyone else or grant or attempt to grant any charges, liens or other rights, powers or interests over them unless authorised by us in writing to do so;
    9. You or your employees/users do not, nor permit any third party to, tamper or attempt to tamper with the Equipment, the software providing the Services or anything belonging to or used by us without our prior written consent;
    10. You or your employees/users do not, nor permit any third party to, to maintain or repair or attempt to maintain or repair the software providing the Services or the Equipment, without our prior written consent. Any such action will void any warranties relating to the software or Equipment that has been affected;
    11. You or your employees/users do not use the Satellite Broadband Service to send or receive by any method any material that breaches another person’s copyright or other intellectual property rights, or any other material that is illegal, obscene, indecent, fraudulent, libellous, harassing or that you do not have the right to transmit under any law, contract or other duty;
    12. You or your employees/users do not use the Satellite Broadband Service to transmit knowingly or recklessly any material that contains software viruses or any computer code, files or programs designed to interrupt, damage, destroy or limit the operation of any computer software, hardware or telecommunications equipment;
    13. You or your employees/users do not disrupt any other person’s use of the Satellite Broadband Service or any other service;
    14. You or your employees/users do not interrupt damage or impair any website or the Satellite Broadband Service in any way;
    15. You or your employees/users do not hack into or attempt to hack into our systems or try to get round any security safeguards.
    16. If you notify us of designated employees or authorised users, it does not remove your obligation to monitor and keep secure the use of passwords for access.
  • You acknowledge and agree that if you (or your employees or other authorised users, where applicable) break any of the conditions set out in this Section 0, that you have broken an important condition of this Agreement and we shall have the right to end this Agreement under clause 0 and you hereby indemnify and agree to keep us indemnified in respect of any breach by you, your employees, or other users of the Equipment supplied to you, of the terms of this clause 0.

EQUIPMENT

  • We will supply you with the Equipment to allow you to receive and enjoy the Services. You must not use the Equipment for any other purpose and you must comply with the manufacturers’ instructions and any reasonable instructions that we may give you from time to time regarding the use of the Equipment.
  • We may request that you confirm to us the location of the Equipment. If we make any such reasonable request, we ask that you respond to our request as soon as is reasonably practical for you but in any event, within one calendar week.
  • You agree to notify us immediately of any loss or damage to any part of the Equipment.
  • When you use your own Customer Equipment in conjunction with the Equipment, we do not warrant that the Equipment is compatible with or will work your Customer Equipment. We will not be liable in any way for any loss or damage which is caused to your Customer Equipment or any data stored thereon arising as a result of its use in conjunction with our Equipment.
  • As the provider of this equipment and under our obligations under Directive 2002/96/EC on waste electrical and electronic equipment and any amendments thereto (the WEEE Directive”); we draw your attention to the requirement not to dispose of waste electrical and electronic equipment as unsorted municipal waste and to have such waste electrical and electronic equipment collected separately and you agree to observe these or any subsequent obligations at a point when the Equipment is no longer required by you or us.
  • As part of our Services, we will supply to you the Equipment. The Equipment shall remain at all times our property if you have rented or leased the Equipment from us or if you have purchased the Equipment from us but we have not received cleared payment in full for the Equipment. Throughout any period where we retain title to the Equipment, you will be liable to us and shall indemnify and keep us indemnified for any loss or theft of the Equipment or any damage however and by whomever it may have been caused.
  • Where you have purchased Equipment from us, the following terms and conditions apply :-
    1. All risks associated with the Equipment shall pass to you upon delivery and it will be your responsibility to insure the Equipment against loss, theft, fire, flood and any other risk of loss or damage;
    2. During any warranty period, details of which will always be made available on our website or via our technical team upon request, we shall have responsibility for repair or replacement of our Equipment except that you accept full responsibility for cost of repair or replacement of our Equipment when the damage or problem has been caused by negligence, misuse, abuse, or violation of terms of this Agreement that is out of our control;
    3. Such repair or replacement may involve the swapping of equipment via our Return To Base (RTB) policy. This may involve the delivery to you of replacement Equipment which will only be left with you by us (or a third party courier) if the matching piece of defective Equipment is handed over by you at the point of delivery. If you cannot produce the defective Equipment on request, you accept that we have no obligation to provide you with the replacement Equipment and that any such action will be at our sole discretion.
  • Where you have rented or leased the Equipment from us, the following terms and conditions apply :-
    1. We may add to or substitute the Equipment as necessary to provide the Services or for other valid reasons. you agree not to do or allow anything to be done that may cause damage to or interfere with the Equipment or prevent easy access to it or recovery of it;
    2. You also guarantee that no other party besides us (or our agent or nominee) shall have rights of ownership, possession or use of any item of the Equipment or shall have any charge or other right or power over any item.
    3. From the time we deliver the Equipment to you until you return the Equipment to us you must take reasonable care of it. You must not and must not allow anyone else (other than our representatives) to add to, interfere or modify the Equipment in any way. The splitting or duplicating any signal lines and/or cable by you is strictly prohibited. As well as any other rights we may have, such action may result in our suspending the Services, terminating the Agreement and/or our retaining the whole or a part of any deposit Charged to you.
    4. Should the Equipment become lost, stolen or damaged for whatever reason during the period of this Agreement and before you return it to us if you have rented the Equipment from us, you agree to notify us of such circumstances immediately. In the event of such loss or damage, you agree to pay the full replacement value of the Equipment and associated installation costs, such values to be displayed on our website.
    5. You shall not be responsible for any loss or damage to the Equipment to the extent that it is caused by us or our employees or is due to a manufacturing or design fault; or is due to fair wear and tear. You agree that you shall be responsible for any loss or damage to the Equipment due to any other cause, regardless of how it happens. Wilful destruction or abuse of the Equipment by you will result in reasonable additional Fees being made.
    6. In the event that the equipment fails, but excluding storm or other similar damage, we shall replace the faulty equipment with suitable compatible to your property. You will remain responsible for the correct installation of the replacement parts, including the cost of an installation engineer should that be necessary.
    7. You are responsible for ensuring that the Equipment is at all times kept safe and properly used and in this regard you agree:
    8. While the Equipment is not in use, electricity supplied to it is not turned off and that it remains in the standby/rest mode;
    9. That you shall not dispose of or deal with any of the Equipment in any way by, for example, trying to sell it or hire it to anyone else, or by putting it up as security for a loan, mortgage or charge, or allow any of the Equipment to be seized under any legal process. you shall not move the Equipment to another location without our prior written consent;
    10. That you shall not remove, tamper with or obliterate any words or labels on the Equipment;
    11. That you shall take proper care at all times to prevent the loss or theft of the Equipment.
    12. On termination of this Agreement, or on cancellation of any part of the Services requiring a part of the Equipment, you will within 14 days of the date of termination or cancellation, unless otherwise agreed with us, arrange for us to collect at your property at an agreed cost to you or return to us in our offices at your own expense, the Equipment. If you fail to do so, we reserve the right to continue to charge you for the Services until the Equipment is returned or to Charge you an unrecoverable equipment charge. You will be invoiced for the costs of repair or loss or damage to the Equipment under this Condition.
    13. If you fail to return the Equipment you must pay us compensation of £500 or such other sum as is otherwise agreed in writing between both Parties to compensate us for the loss of our property. You also agree that we are fully entitled to secure this payment through any payment mechanism that you have historically provided to us, even in the event that you have subsequently cancelled or countermanded any such payment method.
    14. When the Equipment is returned to us, it must be in good condition and in full working order. Otherwise, you shall be liable to us for the lesser of the compensation payment set out above, or in circumstances where (in our sole opinion) economic repair is reasonably feasible, the cost of repair and our reasonable expenses in administering such a repair.
    15. we may, at our option, nominate an agent or third party in place of ourselves to whom such Equipment should be returned, or compensation payment be made. If you rent the Equipment, we require, at minimum, the return of indoor unit (modem) and may require the return of any other remaining parts of the Equipment. Will communicate promptly with you to confirm which parts of the Equipment we specifically require you to return.
    16. We provide you with the Equipment on the condition that you comply with your obligations under this Agreement. If you fail to comply with this Agreement, in particular but not only your obligations under clauses 0 and 0, or if we reasonably suspect that you have failed to comply, we shall have the right to demand that you return the Equipment to us and/or and remove the Equipment from your possession if you have rented the Equipment from us. In such circumstances, you will permit us free and safe access to your premises and/or obtain any necessary landlord, building or occupier consents required for us to achieve the return of the Equipment.

INSTALLATION

  • We will set-out in our website or order forms, the acceptable methods of installation through which you will be able to install the Equipment in order to receive the Services. Our recommended options will always be the Professional Installation of the Equipment by our Installers but may also include, but not be limited to selecting your own qualified installer or carrying out the installation yourself.
  • Standard Charges for installation are based upon a French mainland installation within a two hour journey for our Installer to your premises and is subject to site survey. You will be provided with a site specific installation quotation in the event that additional travelling times and expenses are likely to be incurred. If this quotation is not acceptable to you and both Parties are unable to reach Agreement, either Party may cancel the Order within seven days from the preparation of the quotation.
  • If you chose our Professional Installation Service, we will endeavour to offer you and arrange a mutually convenient time for our Installer to visit. It is important to us that we can route our Installers efficiently so your location may have a bearing on the installations dates that we provide to you.
  • If we have agreed with you in writing/email that a site survey may be required, you will be responsible for settling payment for the survey directly with us on demand, the cost of which shall be additional to any other Charges to be paid to us for the Services.
  • Our Installer is responsible for taking suitable care when installing the Equipment. If you become aware of any potential problems, you should notify to our Installer during the installation if reasonably practical.
  • Our Installer(s) will have to work both internally and externally at your premises for which they will require suitable access. Therefore, you agree to, at your own expense and in advance of installation:
    1. Obtain all necessary consents including landlord, occupier and other buildings consents for both access and installation of the Equipment and for ongoing maintenance of such Equipment; and
    2. Provide full, free and safe access to relevant premises, and a suitable environment for the Equipment including all necessary cable ducts and electricity supply;
  • The Installer will fit the Equipment and will demonstrate a working system on their PC. They will have no responsibility to configure your PC’s or Network as a part of the installation.
  • A standard installation includes the provision of one network connection up to 3m (using a Cat5e patch cord) from the location of the satellite dish. Additional network (Ethernet/CAT5) points can usually be provided during the installation visit at £45 per point up to a distance of 10m. These prices are subject to change and latest pricing will always be available through our website. We can provide a written quotation for more extensive network requirements upon request.
  • If you request us to do so, during the installation, our Installer can configure your existing wireless LAN or Ethernet routing equipment. This work will be charged at £70 per hour (based upon whole or part 15 minute intervals). Under no circumstances will we accept any responsibility or liability for your existing equipment installation, configuration or maintenance.
  • If you choose your own installer or wish to complete a self-install, you are fully responsible for the completion of your installation. We are not obliged to provide additional assistance to you or a 3rd party installer. If required to do so, we reserve the right to charge our standard hourly rate at £70 per hour (calculated every 30min) for the time period that you require us to provide such installation support services to you or your Installer.
  • In the event that you choose the self installation option or you choose to use your own installer, you agree that you will make reasonable endeavours to complete the installation within 14 days from receipt of the Equipment. You agree that we are entitled to start to Charge for the Services from this point unless we have agreed in writing to an alternative commencement date, any such date to be agreed by us at our sole discretion.
  • our liability with you for any damages or losses whatsoever suffered by you as a result of delayed, cancelled or incomplete installation will not exceed the value of the Installation fee that you have agreed to pay. You accept that you will have no rights to terminate this Agreement early on the basis of late or incomplete delivery provided that we have provided you with alternative dates to complete the installation.
  • As long as we have notified you in advance by telephone or email of the agreed installation date, if you are not at the agreed place of installation on the agreed date and time when we either seek to deliver the equipment or carry-out the installation, we reserve the right to charge you an additional Installation fee for the redelivery or installation of the Equipment or any return visit required including being due to insufficient time available on your initial installation date to complete the installation due to your absence or late arrival on site. Any such Charges will be notified by us to you in writing and will be, in our sole opinion, such additional sums as we consider being reasonable in the circumstances.
  • In certain circumstances, our installer will, where necessary, recommend that electrical grounding be undertaken. When this electrical safety requirement is identified, it should be carried out in accordance with applicable laws and regulations. Failure to install effective grounding will, in some locations, constitute a breach of local building regulations. It will remain your responsibility to ensure such work is completed in accordance with all applicable laws and regulations. Certified electricians should complete grounding work. Our Installer will provide a cabling lead for grounding but may not be a certified electrician and therefore will be unable to complete the grounding work. Where the installer cannot complete the grounding work it is your responsibility to ensure that a certified electrician completes such work.

PAYMENT FOR THE EQUIPMENT AND SERVICES

  • The timely payment for Equipment, the Services and any other such Charges arising properly as a result of this Agreement shall be considered to be of the essence. If you do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement. This right is in addition to any other legal rights we may have against you, which we may also rely upon.
  • You must pay all the Charges for which we bill you, together with any Value Added Tax and/or any other taxes (at applicable rates from time to time) which apply in relation to any Charges payable under this Agreement. Unless otherwise agreed in writing, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated during the previous billing period. You must pay your bill in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Charges from the day on which we first make the Services available to you unless we notify you otherwise. You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. Unless stated otherwise, all prices quoted by us and listed in our Website are inclusive of VAT and all Charges that appear on your bill are inclusive of VAT. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period.
  • The Upfront Charges for the Services are those set out in our order form or our websites or those of any authorised third parties.
  • Any additional Charges for using the Services must be paid by you by the Due Date.
  • Subject to us reserving the right to carry out a suitable credit check on you at any point that we deem reasonable, you will normally be billed before your Installation for the Upfront Charges. All Equipment remains our property until paid in full. Where the Upfront Charges for Equipment and installation have not been settled on demand, we reserve the right to charge a collection fee as detailed on our website from time to time and/or delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had provided to you in good faith in order to facilitate the delivery of the Services and/or the right to remove all equipment supplied, with or without prior notice to you.
  • Upgrade and Downgrade of the Service – you are entitled to change the level of Service assigned to your account by requesting such a change in writing or via email subject to the following terms.
    1. Only one operation of upgrade or downgrade per calendar month is allowed per Account.
    2. In case of multiple change requests occurring during the same month, only the last one will be recorded in the system. The last modification recorded during the month of request will become effective from the first day of the following month.
    3. In case of downgrade from a higher to lower package a Downgrade Fee will be chargeable.
  • With the availability of any new Services or changes to existing Services, we will tell you the Charges (or changes to the Charges) for these Services prior to accepting any order from you to implement any change of Service levels.
  • We will normally send you an invoice or invoice schedule, which could be by e-mail, facsimile or post for your Services and any other valid Charges plus the Charges for any Services used at any earlier time if they have not previously been charged for (for example, Service upgrades during a previous billing period already invoiced in advance).
  • Our required method of payment for ongoing Monthly (or Periodic) Service Charges is by Direct Debit or Prélèvement only. A failed Direct Debit or Prélèvement will incur a charge of 20€. In exceptional circumstances payment via Credit Card may be accepted at our discretion and will incur a 3% surcharge.  If a Credit Card payment fails a charge of 10€ will be made.
  • If we have tried to collect a payment on or around the Due Date but it has not been received by us within a period of up to a further 5 working days, your account will be considered to be delinquent and the Services may be temporarily or permanently (for persistent payment failures) disconnected. If we agree to re-connect your Services, a reconnection charge of £25 will be required to be paid before your Services are restored. Restoration of your Services may take up to three working days from the day that we receive full payment of any outstanding Charges.
  • Furthermore, if you default in the payment of any monies more than 5 working days from the Due Date, we reserve the right to charge interest from the Due Date until the payment is made in full (irrespective of whether the date of payment is before or after any judgment or award in respect of the same) at 3% per annum over and above Barclays Bank plc base rate from time to time.
  • We reserve the right at all times to vary the Charges for the Services, the Equipment and the installation. We will make reasonable efforts to give you notice by post, facsimile or e mail, or by some other direct means, before any such change to the charges occurs. If the charges are increasing, we will give you at least 30 days notice. Where we have increased our charges to you by more than 10% in any 12 month period, you may cancel this Agreement by giving us 30 days notice in writing, however you are still liable for the balance on your account including, but not limited to Monthly (or Periodic) Service Charges and/or Equipment Rentals or any other Charges due under this Agreement up to the date of termination.
  • After the Minimum Period has expired, if you terminate this Agreement or any of the Services between the dates when we issue bills to you, you must pay all Charges which have accrued since the last bill was calculated and the proportion of any Service charges which have accrued up to the next billing date. This termination is subject to the provisions of Clause 0
  • You agree that whilst Charges remain outstanding and/or your account is suspended, no changes are permitted to the level of Services that you receive and no additional Services can be ordered by you.
  • Save as expressly set out in this Agreement, you shall not be entitled to suspend the payments under this Agreement, as a result of faults and/or defects of the service.
  • All of our prices will clearly state the currency that they are quoted are in and are inclusive of VAT or other relevant taxes at the prevailing rate, unless otherwise stated.
  • If you default on more than two payments of the Charges in any rolling 12 month period, we have the right to require you to pay for the Charges quarterly in advance without entitlement to any prevailing discounts.

PAYMENT FOR THE EQUIPMENT AND SERVICES

  • The timely payment for Equipment, the Services and any other such Charges arising properly as a result of this Agreement shall be considered to be of the essence. If you do not pay any Charges as and when they fall due, you accept that you have broken this Agreement and we have the right to terminate this Agreement. This right is in addition to any other legal rights we may have against you, which we may also rely upon.
  • You must pay all the Charges for which we bill you, together with any Value Added Tax and/or any other taxes (at applicable rates from time to time) which apply in relation to any Charges payable under this Agreement. Unless otherwise agreed in writing, we will bill you one billing period in advance for the Services together with any outstanding Charges for Services activated during the previous billing period. You must pay your bill in full by the Due Date without any deduction of any sort or any counterclaim. You will be liable for the Charges from the day on which we first make the Services available to you unless we notify you otherwise. You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else using the Equipment and the Services with or without your consent. Unless stated otherwise, all prices quoted by us and listed in our Website are inclusive of VAT and all Charges that appear on your bill are inclusive of VAT. We may vary our Charges from time to time and we may also alter your billing date or billing frequency/period.
  • The Upfront Charges for the Services are those set out in our order form or our websites or those of any authorised third parties.
  • Any additional Charges for using the Services must be paid by you by the Due Date.
  • Subject to us reserving the right to carry out a suitable credit check on you at any point that we deem reasonable, you will normally be billed before your Installation for the Upfront Charges. All Equipment remains our property until paid in full. Where the Upfront Charges for Equipment and installation have not been settled on demand, we reserve the right to charge a collection fee as detailed on our website from time to time and/or delay or postpone the agreed installation date and/or to demand the return of any Equipment that we had provided to you in good faith in order to facilitate the delivery of the Services and/or the right to remove all equipment supplied, with or without prior notice to you.
  • Upgrade and Downgrade of the Service – you are entitled to change the level of Service assigned to your account by requesting such a change in writing or via email subject to the following terms.
    1. Only one operation of upgrade or downgrade per calendar month is allowed per Account.
    2. In case of multiple change requests occurring during the same month, only the last one will be recorded in the system. The last modification recorded during the month of request will become effective from the first day of the following month.
    3. In case of downgrade from a higher to lower package a Downgrade Fee will be chargeable.
  • With the availability of any new Services or changes to existing Services, we will tell you the Charges (or changes to the Charges) for these Services prior to accepting any order from you to implement any change of Service levels.
  • We will normally send you an invoice or invoice schedule, which could be by e-mail, facsimile or post for your Services and any other valid Charges plus the Charges for any Services used at any earlier time if they have not previously been charged for (for example, Service upgrades during a previous billing period already invoiced in advance).
  • Our required method of payment for ongoing Monthly (or Periodic) Service Charges is by Direct Debit or Prélèvement only. A failed Direct Debit or Prélèvement will incur a charge of 20€. In exceptional circumstances payment via Credit Card may be accepted at our discretion and will incur a 3% surcharge.  If a Credit Card payment fails a charge of 10€ will be made.
  • If we have tried to collect a payment on or around the Due Date but it has not been received by us within a period of up to a further 5 working days, your account will be considered to be delinquent and the Services may be temporarily or permanently (for persistent payment failures) disconnected. If we agree to re-connect your Services, a reconnection charge of £25 will be required to be paid before your Services are restored. Restoration of your Services may take up to three working days from the day that we receive full payment of any outstanding Charges.
  • Furthermore, if you default in the payment of any monies more than 5 working days from the Due Date, we reserve the right to charge interest from the Due Date until the payment is made in full (irrespective of whether the date of payment is before or after any judgment or award in respect of the same) at 3% per annum over and above Barclays Bank plc base rate from time to time.
  • We reserve the right at all times to vary the Charges for the Services, the Equipment and the installation. We will make reasonable efforts to give you notice by post, facsimile or e mail, or by some other direct means, before any such change to the charges occurs. If the charges are increasing, we will give you at least 30 days notice. Where we have increased our charges to you by more than 10% in any 12 month period, you may cancel this Agreement by giving us 30 days notice in writing, however you are still liable for the balance on your account including, but not limited to Monthly (or Periodic) Service Charges and/or Equipment Rentals or any other Charges due under this Agreement up to the date of termination.
  • After the Minimum Period has expired, if you terminate this Agreement or any of the Services between the dates when we issue bills to you, you must pay all Charges which have accrued since the last bill was calculated and the proportion of any Service charges which have accrued up to the next billing date. This termination is subject to the provisions of Clause 0
  • You agree that whilst Charges remain outstanding and/or your account is suspended, no changes are permitted to the level of Services that you receive and no additional Services can be ordered by you.
  • Save as expressly set out in this Agreement, you shall not be entitled to suspend the payments under this Agreement, as a result of faults and/or defects of the service.
  • All of our prices will clearly state the currency that they are quoted are in and are inclusive of VAT or other relevant taxes at the prevailing rate, unless otherwise stated.
  • If you default on more than two payments of the Charges in any rolling 12 month period, we have the right to require you to pay for the Charges quarterly in advance without entitlement to any prevailing discounts.

FAIR ACCESS POLICY (FAP)

  • The Fair Access Policy (FAP) has been defined to enable a high quality internet access service via satellite with a consistent customer experience at an acceptable price. The implementation of the FAP determines the management of your Satellite Broadband Services to prevent any unfair and unacceptable use of the network. You are subject to a FAP during the lifetime of this Agreement.
  • At all times, systems will be in place to measure the volume of inbound and outbound data generated by your system. The generated volume measured is aggregate over certain defined time periods. This data volume is compared with the thresholds defined in the FAP. If the threshold has been reached, the speed of your Satellite Broadband Service will automatically be reduced or restricted (sometimes referred to as “Throttling”), either in upload, download or both directions. These restrictions will be automatically removed once the aggregate volume for the defined period goes below the threshold.
  • The thresholds for the applications of speed restrictions to your Satellite Broadband Service will depend on the level of Service ordered by you. It is your responsibility to ensure that you are fully aware of the relevant thresholds within the FAP for your chosen service level. We will ensure that the FAP is displayed on our website at all times.
  • FAP policies and restrictions are governed and controlled solely by the Satellite Operator and we cannot change any restrictions applied to your Services due to over usage against service level requested.
  • We reserve the right to amend the FAP from time to time, where we judge, in our sole reasonable opinion, that such changes will be to the benefit of our customers as a whole.
  • In certain circumstances, we will provide the opportunity for you to purchase additional bandwidth. Further details of additional bandwidth (sometimes referred to as Tokens or Booster Tokens can be found on our website or your control panel.
  • Alternatively, you may upgrade your Service to a higher level, if available and your data limits for FAP will start at zero at the point that the higher level service is activated. There is no specific Charge to upgrade your Service Level, only the new level of Monthly (or Periodic) Service Charge.

SUSPENDING OR DISCONNECTING THE SERVICES

  • We may at any time:
    1. Temporarily suspend the Services for repair, maintenance or improvement of any of its systems wherever located, or temporarily provide replacement Services or Equipment of a similar functionality to those previously supplied; or
    2. Give you instructions on how to use or vary the Services (which you agree to comply with) where we reasonably consider such instructions are provided to you in the interests of safety, or the maintenance of service quality.
  • Before doing either of these things we will endeavour to give you as much notice as is reasonably practicable in the circumstances and we will also aim to restore the Services as soon as reasonably practicable after any temporary suspension.
  • We may suspend our service without warning:
    1. In an emergency;
    2. When we are required to by any third party whose systems we use to provide the Services;
    3. When we are required to by the police or security services or other party who may have legal authority to make such a request;
    4. If you, your employees/authorised users, or anyone you or your employees/users allow to use the Services, does not keep to the conditions of this Agreement, or any other Agreement with us;
    5. If you, your employees/users, or anyone you or your employees/users allow to use the Services damages the Equipment supplied by us including the hardware or software which is necessary to operate the Services or put it at risk, or
    6. you physically or verbally threaten or abuse any of our staff; or
    7. If you do not pay all Charges due to us by the Due Date.
  • We reserve the right to Charge you a re-connection fee where you or your employees/users either acting themselves or through a third party, have caused or contributed to the suspension of the Services.

ENDING THE AGREEMENT

  • Either Party can cancel this Agreement immediately if any of the following happens:
    1. The other breaks an important condition of this Agreement or several less important conditions and (if it is capable of being put right) does not put it right within 21 days of written notice to do so;
    2. If the other is subject to bankruptcy, insolvency or any similar proceedings or, in the reasonable opinion of the party ending the Agreement, the other is unable to pay its debts;
    3. After the Minimum Period, in accordance with terms set out in this Agreement
  • In addition, we may end this Agreement if the Satellite Operator is unable or unwilling to make such Services available to us, providing we give you 30 days written notice.
  • At the end of the Agreement you must pay any valid Charges which are due to the end of the month following the month in which we received your written request for Termination.
  • At the end of this Agreement, you must return any of our Equipment that we have asked you to do so.
  • At the end of this Agreement, you will be disconnected and you will no longer be able to use the Services.

RIGHT TO CANCEL

  • You have the right to cancel this Agreement either before installation or up to seven days after your Installation has taken place. This must be done in writing or email to our main office (the Cancellation Notice).
  • If you cancel your order after any or all of the Equipment has been delivered to you will be liable for any reasonable Charges associated with the cost of collection and, if necessary, the de-installation, of any installed Equipment. As we may offer subsidies or special offers on the Equipment or our installation Charges, the collection or de-installation charges may be more than you paid for initial delivery or installation. Currently our standard Collection Charge for the Equipment is 60€ and our full price installation is 175€. Any variations to this pricing will always be shown on our website. It is your responsibility to confirm any Charges arising from your cancellation. These Charges will be deducted from any refunds due to you.
  • Where the Equipment or any relevant part of the Service has been activated prior to our receipt of any acceptable Cancellation Notice, you will be liable for any Charges associated with any Services provided to you up to the point of cancellation including any activation Charges. All valid Charges will be deducted from any refunds due to you.
  • After all of the Equipment that we have requested from you is received at our head office we will promptly test and inspect the Equipment. Any Equipment reasonably deemed by us to be damaged or in any other way faulty, such fault not arising through our liability or by way of Equipment failure, we will raise a Charge equivalent to reduction in value of the impaired Equipment whether by way or replacement or repair, including our reasonable costs, whichever is the lower.
  • We will provide you with a final invoice detail any Charges arising and any net balance due to us or payable to you. We will either collect any sums due to us or refund any balance due to you within 14 days of completing our inspection of the Equipment.

INFORMATION, PASSWORDS AND DATA PROTECTION

  • After you have ordered Services from us, in order to access the Services, we may provide you with a user identity (User ID) and/or a unique password. You are responsible for the security and proper use of all User IDs and passwords and must keep them confidential and not disclose them to any third party without first obtaining written authorisation from us.
  • You must inform us immediately if :-
    1. You suspect that any password in relation to the Services has or may have become known to someone who is not authorised to use it and/or
    2. You forget a password. Providing that you satisfy any security checks as may be reasonably required by us, we will issue you with a new password.
  • If we reasonably suspect that there has been or is likely to be a breach of security or a misuse of the Services, we may change your password and we will notify you accordingly.
  • You are required to promptly and accurately give us all the information that we reasonably request so that we can perform our obligations under this Agreement.
  • You must also inform us immediately of any change to any particulars you have provided to us, including changes to the Equipment. We shall not be liable for any expenses you incur or savings you fail to make as a result of your failure to notify us in a timely manner of any such changes.
  • we may at any time, subject to the relevant legal and statutory provisions, use any information that you have provided to us, together with any other relevant information, for the purposes of administration, credit scoring, consumer services, training, marketing, tracking use of our Services (including processing call, usage, billing, viewing and interactive data), profiling your usage and purchasing preferences and providing you with Services. We may disclose your personal information to any Group Company and our sub-contractors and agents for the above mentioned purposes. You have a right to ask in writing for a copy of your information (for which we may charge a small fee for information not accessible through our website) and to require us to correct any inaccuracies. We will not pass your information to any other 3rd parties without your written consent.
  • From time to time, we, or a third party acting on our behalf, may contact you by mail, telephone, email or other method with information about our Products and Services (including discounts and special offers). If you do not wish to receive marketing or promotional information from us, please let us know in writing. If you do not wish to receive any marketing or promotional material from us or our third parties, you accept that you will no longer receive notification of or be entitled to our special offers or promotions.
  • We will only discuss your account with you or with an authorised user that you have notified us of by email or in writing.
  • We may record or monitor telephone calls to help us to improve our services.
  • You acknowledge that we may co-operate with any court, tribunal, regulatory body, police authority or other Competent Authority in any investigations or proceedings concerning you or your use of the Services. This may include disclosing communications transmitted via the Services or other particulars regarding your use of the Services to such authorities.
  • We may use credit reference agencies to help us make credit decisions or for protection against fraud. You agree that we may register information about you and the conduct of your account with any credit reference agency. For the purpose of fraud prevention, debt collection and credit management, we may disclose information about you and the conduct of your account to debt collection agencies, security agencies or financial institutions.
  • We will provide relevant information in the event that we sell or transfer our business, to ensure that you continue to receive the Services.
  • If, in connection with any of the Services, we act as a “data processor” of any information you give us, and you act as a “data controller” (as such terms are defined in the Data Protection Act 1998), we will, in relation to that information:-
    1. act on your instructions only; and
    2. comply with obligations equivalent to those imposed on a data controller under the Data Protection Act 1998 relating to security or applicable equivalent legislation.

INTELLECTUAL PROPERTY RIGHTS

  • You acknowledge that certain material including (but not limited to) text, software, music and video clips, photographs/images, graphics, logos, adverts or other data accessed through the Services, is protected by copyright, trade mark, service mark, patent or other proprietary rights and laws. This material may be owned by us or by third parties.
  • You acknowledge that you are only permitted to use the above material to enable you to use Services. You may not, save as is reasonably necessary to make use of the Services, copy, reproduce, distribute, publish or make any commercial use of any such material obtained while using the Services.
  • You may from time to time transmit material or content during the use of the Services. You acknowledge that as an Internet Service Provider (ISP), whilst we take all reasonable steps on our network to ensure its security, such security cannot be guaranteed and third parties may gain access to your material. You acknowledge that, for the purposes of providing you with the Services, we may require the right to copy, reproduce, modify and adapt your material and accordingly you grant a free, irrevocable, worldwide license for us to do this. Intellectual property rights in the Software remain our property or that of our licensors. You hereby agree to comply with any licences of the Software reasonably required by the owner of any intellectual property rights in any of the Software for the protection of that Software howsoever notified by us to you including appearing on any screen used by you to use the Services.
  • We hereby grant to you a non-exclusive licence to use the Software in executable form only. The licence granted to you under this Agreement is personal to you and may not be sub-licensed, transferred, assigned, or otherwise disposed of. If you use the Software in any way which will result in you being in breach of this Agreement, or you attempt to transfer, assign or otherwise dispose of your licence to use the Software the licence will be terminated immediately which may impact your ability to use some or all of the Services but you will still be bound by the terms of this Agreement.
  • The Software is protected by copyright law. You may not copy the Software, except to make a single copy for backup or archival purposes. Any such copies shall be subject to this Agreement. You may not lend, rent, lease or otherwise transfer the Software. You agree not to attempt to reverse engineer, decipher, decompile or disassemble the Software or otherwise reduce it to human readable form or knowingly allow others to do so, except to the extent that applicable laws specifically prohibit such restriction. You may not modify the Software or create derivative works of the Software.
  • The Services may comprise software, services, technical information, training materials or other technical data which are subject to the country of origin Export Control Regulations or the laws or regulations of that country. You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all applicable laws and regulations.

MAINTENANCE SERVICES

  • Unless we have expressly agreed with you in writing, only our staff or our authorised agents may provide maintenance and repair services for the Services and the Equipment.
  • Additional Charges may apply where any problem with the Services or the Equipment has been caused by misuse or abuse of the equipment by you or someone acting on your behalf or within your control even if such events occurred in the attempted repair, removal or reconfiguration of the Equipment or Services. This will include any Charges that we reasonably and directly incur as a result of actions that we are reasonably required to take arising from the impact on our Services caused by viruses or other malicious software on any part of the Customer Equipment.

LIABILITY

  • We are legally responsible to you only as set out in this Agreement.
  • Nothing in this Agreement shall remove or limit our liability, or the liability of anyone who works for us, in the event of :
    1. Death or personal injury caused by negligence;
    2. Fraud;
    3. Anything, which cannot be excluded by law.
  • Our entire liability to you for something we or anyone who works for us does or does not to do in respect of breach of contract, negligence or pre-contractual misrepresentation will be limited to the lower of the value of any direct losses you incur or :
    1. £10,000 for damage to property;
    2. £5,000 for all other losses which are not excluded by clause (d) below;
  • We are not liable to you in any way for any indirect, consequential, incidental losses or damages or any loss of profits, revenue, expenses, goodwill, anticipated savings however they may be caused and even if they were and are foreseen by you and notified to us in any manner.
  • We are not liable to you in respect of any products or services you order from other companies using the Services.
  • We will not be liable for any loss as a result of the suspension, disconnection or unavailability of the Services, which occur in accordance with the terms of this Agreement.
  • We will not be liable to you if something beyond our reasonable control prevents us carrying out our duties or providing any of the Services.
  • You must tell us about any potential claim as soon as you become aware of any incident and that such incident means that you may be entitled to make a claim and in any event within 14 days of any incident resulting in such a claim first occurring. If you make us aware of a claim outside of this timeframe, it is our sole discretion as to whether we recognise and deal with any such claim.
  • This section will apply even after this Agreement has ended.

GENERAL

  • We may change these terms and conditions if new laws or rules make it necessary or for any other good reason. We retain the right to amend, modify or substitute these Terms and Conditions at any time. In the event of any material changes, we will endeavour to provide you with 30 days notice in writing in advance of doing so. Any such modification, amendment or substitution will also be posted on our website. If you do not object to the modification, amendment or substitution via written notice to us within 30 days of us having notified you, the new Terms and Conditions shall then be deemed to supersede any original Agreement.
  • In the event that we fail to apply any aspect of this Agreement at any time, any action, concession, exception or time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this Agreement in any other way.
  • English law will apply to this Agreement and you and we agree to the exclusive jurisdiction of the English courts.
  • If a clause or condition of this Agreement is not legally effective, the rest of this Agreement remains effective. We may replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is. This Agreement is made solely and specifically between and for the benefit of the Parties and is not intended to be for the benefit of, and shall not be enforceable by any person who is not named at the date of this Agreement as a Party to it, and neither Party can declare itself a trustee of the rights under it for the benefit of any third party. The terms of this Agreement will apply jointly and severally to all those agreeing to take Services under this Agreement.
  • A reference in this Agreement to a statutory provision will, unless expressly provided otherwise, be interpreted as a reference to such provision as amended or re-enacted.
  • In this Agreement unless the context otherwise requires words in the singular include the plural and vice versa; and words importing any gender include all genders.
  • This Agreement represents the entire understanding between you and us in relation to the subject matter herein and supersedes all other agreements or representations made by you or us, whether oral or written.
  • Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner and may be protected by applicable copyright or other law. Other than stated in the Agreement, this Agreement gives you no rights to such content.
  • Unless we clearly state to the contrary in any offers or promotions that we make or as otherwise specifically agreed by us, you will only be eligible to benefit only from one promotional offer or discount applicable to the Services. Nothing in this Clause shall imply the existence of your right to any promotional offer or discount.
  • Any Appendixes attached to this current Agreement or added in the future are to be treated as wholly incorporated into this Agreement and form an integral part thereof.
  • Any external links on any of our websites are not under our control, and as such we cannot be held responsible for any content found on these sites. We endeavour to supply 3rd party links that we believe will only for your convenience and this by no way assumes any endorsement in whole or part by us to the content found on these sites.

ASSIGNMENT

  • This Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent.
  • For commercial and other business reasons, we have the right to assign this Agreement together with any associated rights of access and installation at any time to any company, person or other legal entity.

NOTICES AND COMPLAINTS

  • You may give notice to us by delivering or posting such notice to the address shown on our website under “Contact us” which, at the point of this Agreement is :- UK Telecom Ltd. Prior House, 35 Sydenham Road, Guildford, GU1 3RX or as otherwise amended from time to time on our website.
  • We are able to give notice to you by delivery, post, and fax transmission or by email to the address and telephone number (as applicable) set out in your request for the Services.
  • Any information relevant to this Agreement that may be varied over time will be detailed on our website uktelecom.net. In the event that this address is changed for any reason, we will notify you of the new location either by way of forwarding from the original web link or by other direct notification including email.
  • Either Party may amend their details at any time providing advance written notice is given to the other.
  • If you have any complaints about the Services or Equipment, you may deliver or post your complaints to us at our registered address shown on page 1 or send them by email to enquiries@uktelecom.net