**THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 23 (LIMITATION OF LIABILITY) **
- What these terms cover. These are the terms and conditions on which we supply our services, products and (if applicable) digital content.
- Why you should read them. Please read these terms carefully before you submit your application to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.
- 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.
- 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 our 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.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are UKTelecom Limited a company registered in England and Wales. Our company registration number is 04762679 and our registered office is at Prior House, 35 Sydenham Road, Guildford, Surrey GU1 3RX. Our registered VAT number is 819 3845 00.
- How to contact us. You can contact us by telephoning our customer service team on 0805 631 632 ( from French land lines) or +44 (0) 1483 477100 (from UK) or by writing to us at UK Telecom Ltd. Prior House, 35 Sydenham Road, Guildford Surrey GU1 3RX or by emailing us at firstname.lastname@example.org.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
How we will accept your order. Our acceptance of your order will take place when we email you to accept it and your line rental is activated. At this point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your application, we will inform you of this and will not charge you for the product or services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the services or because we are unable to meet a delivery deadline you have specified.
- Your order number/user ID. We will assign you an order number or user identity and/or unique password depending on the services and products provided. We will tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- YOUR RIGHTS TO MAKE CHANGES
Making changes to the product or services that you have provided. You may decide to change the services you purchase from us before your order is completed. Wherever possible we will do this without charge, except where we have already incurred costs in which case you will be liable for these. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9).
- Upgrade or downgrade. You are entitled to change the level of service assigned to your account by requesting such a change in writing or by email, subject to the following terms.
- Only one operation of upgrade or downgrade per calendar month is allowed per account.
- 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.
- In case of downgrade from a higher to lower package a downgrade fee will be chargeable.
- OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product and/or services:
- To reflect changes in relevant laws and regulatory requirements; and
- To implement minor technical adjustments and improvements, for example to address a security threat or to improve quality of the service. These changes will not affect your use of the product and/or services.
- More significant changes to the products and/or services and these terms. In addition, as we informed you in the description of the services on our website, we may need to make changes to our product and/or services. However, if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products and/or services paid for but not received. For example, 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. Where possible, customers will receive 30 days’ notice of any change and we will also publish any new changes on our website: www.uktelecom.net. It is the customers’ responsibility to read and understand these changes if they occur. These changes will apply to any new service 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 in accordance with clause 10.
- Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
PROVIDING OUR PRODUCTS AND / OR SERVICES
Our products and services. We offer a range of products, services and packages to assist you to stay connected to the UK when you are in France and elsewhere. Our service include assistance installing a telephone line and telephone line rental, installing high speed internet (subject to our range of services and any technical limitation) and ensuring that you can continue to watch UK catch-up TV in France. We draw your attention to the requirement to have a UK address and a TV licence access some of these services. Detailed terms and conditions relating to specific products and/or services are included in Schedules 1-5 of these terms and conditions.
- To provide these services, we will supply you with the necessary equipment to allow you to receive and enjoy our services. For example, if you sign up to our satellite or broadband services, we will provide you with a modem to facilitate you receiving the internet. Our equipment shall remain at all times our property and you must not use the equipment for any other purpose than to facilitate the use of our services. Throughout any period where we retain title to the equipment, you will be liable to us and shall indemnify and keep us indemnified for nay loss or theft of the equipment or any damage however and by whomever it may have been caused. Please see clause 7 below for more information on our equipment and clause 8 about the installation of this equipment.
- When we will provide the products. During the application process we will let you know when we will provide the products and/or services to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
- We are not responsible for delays outside our control. If our supply of the products and/or services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product or equipment is delivered. If no one is available at your address to take delivery and sign for the product and/or equipment (if applicable) the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract in accordance with clause 11.
- If you do not allow us access to provide services. If you do not allow us, or agents appointed by us, access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract in accordance with clause 11.
- When you become responsible for the goods. Products including goods or equipment will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
- When you own goods. [Applies to existing customers prior to 1st January 2019]. You own the goods once we have received payment in full. For the avoidance of doubt, you do not own any equipment that we lend to you to facilitate our services. These are only on loan to you whilst we continue to be contracted by you to provide our services and when we no longer provide you these services, our equipment must be returned to Prior House, 35 Sydenham Road, Guildford, Surrey GU1 3RX at your cost. You are advised to send this by recorded delivery and provide us with proof of sending so that you may seek compensation from the carrier if not delivered. In the event that equipment that is our property is not returned we will make a charge for it.
- Supplying the Services. Where we agree to your application for our services, we will connect you to the relevant 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.
- Notifying your existing provider. 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 we will not be responsible for the costs incurred. We provide suitable draft letters for your use. The charge for each item of correspondence is shown in Schedule 4. Other providers will also require through their own Terms and Conditions notice of cancellation of their services and this may be required to be sent by recorded delivery. This needs to be done when you receive the modem we supply.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your current contact information including your email address. If so, this will have been stated in the description of the products and/or services on our website or information pack. You will be asked to produce this information when you apply for an account with us. We rely on this information (such as a suitable email address) to send you important information and notices regarding your account and our services. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products and/or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- If you change address at which you require the services. We will endeavour, but are 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 products and/or services. Where we agree to provide the services to your new address, you shall pay us the applicable charges for de-installation and re-installation of your equipment which we will quote for you on receipt of your written or emailed transfer request.
- Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to you:
- In an emergency;
- To deal with technical problems or make minor technical changes;
- To update the product to reflect changes in relevant laws and regulatory requirements;
- To make changes to the product as requested by you or notified by us to you;
- When we are required to by any third party whose systems we use to provide the services;
- When we are required to by the police or security service or other part who may have legal authority to make such a request;
- 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; or
- damages the equipment supplied by us including the hardware or software which is necessary to operate the services or put it at risk;
- If you physically or verbally threaten or abuse any of our staff; or
- If you do not pay all fees due to us by the due date.
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 3 days in any week we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 17.9) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. If we agree to re-connect your services after you have paid, it is at our discretion whether a reconnection charge of £25 will be required to be paid before your services are restored. Restoration of your services may take up to 3 working days from the day that we receive full payment of any outstanding charges. We will not suspend the products where you dispute the unpaid invoice (see clause 17.13). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 17.11).
- We will supply you with the equipment to allow you to receive and enjoy our 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. For the avoidance of doubt, this does not include telephone handsets.
- 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 you the equipment as a loan while you use our services. 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 rented , loaned or leased satellite equipment from us, the following terms and conditions apply:-
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- You are responsible for ensuring that the equipment is at all times kept safe and properly used and in this regard you agree:
- While the equipment is not in use, electricity supplied to it is not turned off and that it remains in the standby/rest mode;
- 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;
- That you shall not remove, tamper with or obliterate any words or labels on the equipment;
- That you shall take proper care at all times to prevent the loss or theft of the equipment.
- 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, 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.
- 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.
- 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.
- 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. We will communicate promptly with you to confirm which parts of the equipment we specifically require you to return.
- 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, 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.
- INSTALLATION OF SATELLITE SYSTEMS
- Acceptable methods of installation. We will provide written instructions of, the acceptable methods of installation through which you will be able to install the equipment in order to receive our 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.
- Professional Installation. 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.
- Site Survey. 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 our 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.
- Access to your premises. Our Installer 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:
(a) 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
(b) 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 50€ 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 80€ 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 80€ 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, text or email, as agreed with you, 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.
- YOUR RIGHTS TO END THE CONTRACT
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
- If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.4 .
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 9.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). most products bought online you have a legal right to change your mind within 14 days and receive a refund. You have a right to cancel this agreement either before installation or up to 7 days after your installation has taken place. If you do change your mind, we must be notified in writing to our main office at Prior House, 35 Sydenham Road, Guildford, Surrey GU1 3RX or by email to email@example.com..
9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- In accordance with regulation 27(3) Consumer Contract Regulations, the services including the New line installation management, New Line Installations including VOIP broadband (an 18 month contract), Broadband activation, activation of UKTV access.
- Digital products after you have started to download or stream those products;
- Services, once these have been completed, even if the cancellation period is still running;
- Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- Any products which become mixed inseparably with other items after their delivery.
- How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. The actual notice periods differ between products. Please refer to the terms and conditions associated with each product that is shown below in Schedules 1-5.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- By Email. Email us at firstname.lastname@example.org. Please provide details of the services you bought, when you ordered or received them and your name and address.
- By post. Simply write to us at Prior House, 35 Sydenham Road, Guildford Surrey GU1 3RX including details of what you bought or the services provided, when you made your application or when you received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post or deliver them back to us at UKTelecom Ltd. Prior House 35 Sydenham Road, Guildford, Surrey GU1 3RX . Please call customer services on 0805 631 632 (Freephone from French land lines) or +44 (0) 1483 477100 (from UK) or email us at email@example.com for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us that you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are exercising any right to change your mind.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the products and/or services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- You do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- You exceed the terms of our ‘Fair Usage Policy’ for services with unlimited access (see clause 15).
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example your up to date contact details;
- You do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
- You do not, within a reasonable time, allow us access to your premises to supply the services;
- You are in breach of any of your obligations under this agreement;
- A receiver is appointed over your assets;
- A business customer ceases to carry on business for whatever reason (such as a winding up order or court order;
- You propose to enter into any arrangements with creditors, including voluntary arrangements.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.2 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you 20.00€ + VAT as compensation for the net costs, we will incur as a result of your breaking the contract. 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.
- We may withdraw the product. We may write to you by post or email to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- 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 7 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.
- After the services have already begun being provided, we may terminate our agreement with you if the satellite operator is unable or unwilling make the services available to us. If this happens, we will give you 30 days’ written notice.
- At the end of this agreement. At the end of this 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. You must return any of our equipment that we have asked you to do so. You will be disconnected and you will no longer be able to use the services.
- IF THERE IS A PROBLEM WITH THE PRODUCT
- If you find a problem with the product or services. We hope that you will not experience any issues with your product and/or services, but if a fault occurs, you should notify us at the earliest opportunity.
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0805 631 632 (Freephone from French land lines) or +44 (0) 1483 477100 (from UK) or email us at firstname.lastname@example.org or write to us at UKTelecom Ltd. Prior House 35 Sydenham Road, Guildford, Surrey GU1 3RX.
- Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0805 631 632 (Freephone from French land lines) or +44 (0) 1483 477100 (from UK) or email or write to us at email@example.com or UKTelecom Ltd. Prior House 35 Sydenham Road, Guildford, Surrey GU1 3RX for a return label or to arrange collection.
- 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. In order to get the best performance from your equipment and services, we recommend the following specification requirements:
- An operating software of Windows 2000 or higher (including Windows XP, VISTA and Windows 7) or MAC OS 10.X or higher.
- Preferably your computer will have an Ethernet port with a network capability (10.100 Ethernet pre-equipped), 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 any technical support and remote diagnostic support with other products. For more information on the equipment we provide see clause 7.
- Returning the equipment. If you have cancelled your order, you must return any equipment including all accessories that we have loaned to you. Where the equipment or any relevant part of the service has been activated prior to our receipt of any 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.
- Testing the equipment. 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. Any missing items will be charged at 8€ including VAT.
- 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 Orange line. Where you rent your line directly from Orange, it is your responsibility to contact Orange 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 firstname.lastname@example.org or via our free-phone number 0805 631632.
FAIR USAGE POLICY – SATELLITE BROADBAND SERVICES
Who this applies to. This condition applies to residential customers who have asked us to supply an ‘unlimited’ service and is subject during the lifetime of your use of our products and/or services. The cost of these services has been calculated on the anticipated usage by a typical customer.
- Monitoring usage. At all times, systems will be in place to measure the volume of inbound and outbound data generated by your system. The generated volume measures are aggregated over certain defined time periods. This data volume is compared with the thresholds defined in the full Fair Usage Policy, which can be viewed on our web site; www.uktelecom.net. 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 application 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 Fair Usage Policy for your chosen service level. We will ensure that the Fair Usage Policy is displayed on our website at all times.
- The Fair Usage Policy and restrictions are governed and controlled solely by the satellite operator. This means that we cannot change any restrictions applied to your services due to over usage against the service level requested.
- We reserve the right to amend the Fair Usage Policy from time to time. This will occur when we judge in our sole reasonable opinion, that such changes will be to the benefit of our customers as a whole.
- Additional bandwidth satellites services. 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.
- Upgrading your satellite services. Alternatively, you could upgrade your service to a higher level, if available and your data limits for the Fair Usage Policy 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 charges.
- Unfair usage. Whilst we are monitoring your usage, 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.
IMPROPER USE OF OUR 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 us to accept responsibility in the event that unauthorised persons or organisations obtain access to transmissions or data. Neither can we 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.
PRICE AND PAYMENT
Where to find the price for the equipment or services. The price of the equipment or services (which includes VAT) will be the price as on our application form and information packs that are sent to new customers. The general conditions shown here apply in addition to the product specific conditions. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 17.7 for what happens if we discover an error in the price of the product you order.
- Variation of the charges for our services. 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 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.
- Upfront costs. Aside from the costs of carrying out a suitable credit check at any point that we deem reasonable, you will normally be billed before the installation of any equipment any upfront charges. Our upfront charges are those set out in our order from or our website or those of any authorised third parties.
- The prices of new services or changes to existing services. We will tell you the charges (or the changes to the charges) for these services prior to accepting any order from you to implement any change of service levels.
- 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.
- UKTelecom is based in the UK and its invoices apply the UK rate of VAT, which varies in accordance with UK law.
- Where we have agreed to provide a business service, business customers not liable for UK VAT should contact us to arrange the appropriate exemption.
- What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- Our invoices. We will normally send you an invoice or invoice schedule, which could be by email, 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 invoices are calculated in Euros and the exchange rate used for Sterling payments is that shown on ‘The Post Office’ website on the day the invoices are created
- When you must pay and how you must pay. We accept payment in Sterling by a UK bank direct debit or in Euros by a French bank Prélèvement. In exceptional circumstances payment via Credit card may be accepted at our discretion and will incur an administrative surcharge of 1.50€ or £1.50. 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. When you must pay depends on what product you are buying:
- For digital content, you must pay for the products before you download them.
- For services, we will invoice you monthly in advance at the end of the first week of each month for the services until the services are completed. You must pay each invoice within 14 calendar days after the date of the invoice. You invoice will be sent by email to the email address you provided when you applied for the goods and services. In the event that no email address has been provided we will post a paper bill, and the prevailing charge will be added to the bill to cover the additional costs.
- We reserve the right to vary how often you must pay. If you default on more than 2 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.
- We can charge interest if you pay late. If you do not make any payment to us more than 5 working days from the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Barclays Bank plc base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- We can charge when we attempt to collect payment for an outstanding invoice. 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 by Direct Debit or Prélèvement. For failed credit card payments, there is a standard fee of 20.00€ + VAT charge for each attempt to collect money.
- What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Cancelling your order. 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. After you have cancelled your order, we will provide you with a final invoice detailing 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.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We will try as far as is reasonably possible to keep our services free from viruses, bugs and errors. However, 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.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
- When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or for damage caused by circumstances beyond our reasonable control.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 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.
HOW WE MAY USE YOUR PERSONAL INFORMATION
- You are responsible for the security and proper use of all User IDs and passwords. You must keep these confidential and not disclose them to any third party without first obtaining written authorisation from us.
- You must inform us immediately if:
- 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
- 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 third 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.
We will comply with all applicable requirements of the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications) (“Data Protection Legislation”). For the purposes of this agreement, this clause 20 is in addition to, and does not relieve, remove or replace, either of our obligations or rights under the Data Protection Legislation. In this clause 20, Applicable Laws are (for so long as and to the extent that they apply to the Supplier) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the Data Protection Legislation from time to time in force in the UK and any other law that applies in the UK.
- We acknowledge that for the purposes of Data Protection Legislation, you are the controller and we are the processor.
- Without prejudice to the generality of clause 20.1, we shall, in relation to any personal data processed in connection with the performance of our obligations under this agreement:
- Process that personal data only on your documented written instructions unless we are required by applicable laws to otherwise process that personal data. Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the applicable laws unless those applicable laws prohibit the us from notifying you;
- Ensure that we have in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
- Ensure that all our personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
- Not transfer any personal data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
- either you or us have provided appropriate safeguards in relation to the transfer;
- the data subject has enforceable rights and effective legal remedies;
- the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
- we comply with reasonable instructions notified to us in advance by you with respect to the processing of the personal data;
- Assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
- Notify you without undue delay on becoming aware of a personal data breach;
- At your written direction, delete or return personal data and copies thereof to you on termination of the agreement unless required by applicable law to store the personal data; and
- Maintain complete and accurate records and information to demonstrate its compliance with this clause 20 and immediately inform you if, in our opinion, an instruction infringes the Data Protection Legislation.
20.4 Either party may, at any time on not less than 30 days’ notice, revise this clause 20 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to the Contract).
INTELLECTUAL PROPERTY RIGHTS
Intellection Property Rights are certain materials including (but not limited to) text, software, music and video clips, photographs/images, graphics, logos, business names and domain names, trademarks, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect other confidentiality of, confidential information, adverts or other data accessed through the services that we provide, is protected by copyright, trade mark, service mark, patent or other proprietary rights and laws.
- 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 fully paid-up, worldwide, non-exclusive, royalty-free 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.
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.
LIMITATION OF LIABILITY: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
We are legally responsible to you only as set out in this agreement.
- Nothing in this agreement limits any liability which cannot legally be limited, including but not limited liability for:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation;
- Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- Anything, which cannot be excluded by law.
- Subject to clause 23.2, our total liability to you shall not exceed £10,000 for damage to property or £5,000 for all other losses which are not excluded by clause (d) below.
- This clause 23.4 sets out specific heads of excluded loss and exceptions from them:
- Subject to clause 23.2, the types of loss listed in clause 23.4(c) are wholly executed by both you and us, but the types of loss and specific loss listed at 23.4(d) are not excluded.
- If any loss falls into one or more of the categories in clause 23.4(c) and also falls into a category, or is specified, in clause 23.4(d), then it is not excluded.
- The following types of loss are wholly excluded:
(i) Loss of profits
(ii) Loss of sales or business.
(iii) Loss of agreements or contracts.
(iv) Loss of anticipated savings.
(v) Loss of use or corruption of software, data or information.
(vi) Loss of or damage to goodwill.
(vii) Indirect or consequential loss, including any products or services you order from other companies using the services.
(viii) Loss as a result of the suspension, disconnection or unavailability of the services, which occur in accordance with the terms of this agreement.
- The following types of loss and specific loss are not excluded:
(i) Sums paid by you to us pursuant to the agreement, in respect of any services not provided in accordance with the agreement.
(ii) Wasted expenditure.
(iii) Additional costs of procuring and implementing replacements for, or alternatives to, services not provided in accordance with the agreement. These include but are not limited to consultancy costs, additional costs of management time and other personnel costs, and costs of equipment and materials.
(iv) Losses incurred by you arising out of or in connection with any third party claim against you which has been caused by the act or omission of us. For these purposes, third party claims shall include but not be limited to demands, fines, penalties, actions, investigations or proceedings, including but not limited to those made or commenced by subcontractors, our personnel, regulators and your customers.
- Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 30 days from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
- This clause 23 shall survive termination of the agreement.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if for example, you have an outstanding account.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in France, you can bring legal proceedings in respect of the products and services in either the French or the English courts.
New Line Installation Management
- For a single payment of 55.00€ including VAT we manage the installation of a Orange 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.
- The UKTelecom Line Rental means the offer of sell-back of the traditional operator’s telephone line rental put forward by us from a telephone land line in mainland France. In this way you will have a single contact intermediary by us for your service, billing and calls. [This service ceased to be available to new subscribers on 15th November 2018].
- In all other cases, in applying to the UKTelecom Telephone Line Rental, it shall be assumed that your telephone line fulfils our 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. We implement 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 us or by a third party.
- If you already have line rental with a traditional provider you will retain the same telephone number, subject to providing us with the RIO code that will enable us to transfer your number to our services. In all other cases a new number will be provided.
Conditions Related to Service Access
- By agreeing to these terms you give us authority 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 Orange subscription offers or any other provider dealing in the resale of Orange 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.
- Commissioning the UKTelecom Telephone Line Rental generally takes 15 working days from the date of receiving our completed 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 broadband service 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 Orange (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 Orange’s (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 not on the Orange network, we will invoice you for Orange’s charge 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 at the prevailing rate + VAT. You will also have to contact us to make another appointment.
- 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 us. 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 monies 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 Orange after the order has been submitted, we will charge 45.00€ + VAT.
Faults on the Line
- It is your responsibility to notify us by email or phone if you have a technical issue on your Orange 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 Orange and therefore cannot be held responsible in the event of delays by third parties.
- The telephone line remains the property of Orange and under this agreement we undertake to manage it on your behalf. We 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. Our 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. We shall not be held responsible for any failure of Orange’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 Orange or moved to another operator or charges will be applied.
Telephone Calls (Carrier Pre Selection)
- This service enables you to choose us 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.
- When applying for this service you will be asked to also send us a copy of a recent bill from your current provider.
- 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 us for any costs incurred in transferring your services to us if the service is cancelled within 90 days up to a maximum of 30.00€ + VAT.
- We charge 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, we reserve 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
- 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.
- If the line carrying the 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 dependent on technical issues associated with your individual Orange 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 Orange 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, we 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 Orange (France Telecom) to take the necessary action. If you are not the person known to Orange as the person responsible for the line you will remain responsible to the person whose name the line is in and guarantee us 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 [For existing customers as at 15th November 2018]
- 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 UKTelecom 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.
- 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. 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 of customers applying 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.
- The high quality modem with wifi capability is dispatched by recorded delivery. Full details are provided in the user instructions and are also available on our web site: uktelecom.net. The modem remains our property and will be replaced free of charge in the event that it fails. The only exception to this is if it is damaged by an electrical storm or other incident not associated with normal usage (such as a fire). The modem remains our property and must be returned to our UK address at the end of the contract in good working order by registered post at your expense 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 we are 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. We reserve 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 Orange Line & Relocation
- You must maintain a working Orange line for our standard Broadband service to work. Whilst the line service can be purchased directly from Orange taking this service from us 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 Orange 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 Orange or from us the line remains in the ownership of Orange 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 written notice you wish to cancel the service. For return of the modem please refer to ‘Modem Exchange’ below.
- If you suspend your service during the first year, the minimum contract will be increased by a similar time with the effect of ensuring that the service has been fully active for 12 months.
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 by you.
- The replacement of faulty or damaged modems through the following procedure:
- Modems damaged by electrical storms or other circumstances unrelated to their serviceability will be replaced with a charge to the customer of 60€ inclusive of postage.
- 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.
- 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.
- You can request an express delivery of your replacement modem for an additional 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 landline and the landline also caries your calls you can suspend your Broadband for up to 4 months in any 12 months 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 months period. The suspension must be for a minimum of one month and this can be done up to 4 times in the 12 months 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. A monthly charge of 5€ including VAT is made during periods of suspension to keep the account active.
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
- We 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. There is a 5.00€ one off set up fee to access the service. 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 is offered to all customers subject to them maintaining their account in good order. There is a single set up fee of 5.00€. 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 us in such circumstances. Reinstatement of the service will be at our sole discretion.
- a monthly charge of 1.00€ including tax we provide access to the service up to 15GB of data 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 7Mb 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.
Satellite, Broadband and Associated Services
- The standard duration of your agreement with us to use our satellite, broadband or associated servicers will be for a minimum period of 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 our services by giving 30 days’ written notice to us.
- Our 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 our 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 making 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.
- Our services are 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.
- You agree that if we stop providing 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 services and ancillary services that allow you to access the interest via satellite (also known as the “Satellite Broadband Service”).
- 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 the time taken for a signal to pass to or from your customer equipment to the satellite providers’ physical network (or “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.