The Customers' use of the Service (as defined below) and/or acceptance of these Terms and Conditions ("Conditions") constitute the Customers agreement to be bound by these Conditions. These Conditions must be read in conjunction with the Access Broadband Acceptable Use Policy ("AUP") which can be found at http://www.accessbb.co.uk, which may be subject to change from time to time. It is the Customers' responsibility to ensure that they comply with the latest edition of the AUP in force at any given time.
These Conditions, together with Access Broadband 's AUP, explain Access Broadband 's responsibilities to the Customer and the Customer's responsibilities to Access Broadband and to other users of the Service ("Users"). The AUP in particular outlines what Access Broadband consider to be unacceptable use of the Internet by our customers so that Access Broadband can take appropriate steps against abusers of the Internet.
The AUP and the Application Form are an integral part of these Conditions and, unless otherwise expressly stated, all references to Conditions include reference to the AUP and to the Application Form. If you are a Consumer, you must be 18 years or older to register for the Service.
Please note some terms used in these Conditions will have a certain meaning:
- "AccessBB Wireless Connection" means the wireless link that the Customer uses to obtain telecommunications services over the Access Broadband private telecommunications (wired and wireless) network at the Premises as notified by the Customer to Access Broadband
- "Act" means the Telecommunications Act 1984;
- "Agreement" means these Conditions together with the applicable Application Form and AUP;
- "Application Form" means the form that the Customer signs when applying for the Service via email, post or fax;
- "AUP" means Acceptable Use Policy which specifies the actions prohibited by Access Broadband in the use of its Services by Customers and the Users of the network
- "Carrier" means any supplier of telecommunications services to Access Broadband for the Service;
- "Commencement Date" means the date when the Customer first receives the live Service.
- "Confidential Information" means any information of a confidential nature obtained under or in connection with this Agreement including, but not limited to, any information regarding the existence of errors or viruses found in the Service and all other information which Access Broadband characterises as confidential at the time of its disclosure either in writing or orally. Confidential Information does not include information which the Customer can demonstrate: (a) is previously rightfully known to the Customer without restriction at the time of disclosure; (b) is or becomes, from no act or omission on the Customers part, generally known in the relevant industry or public domain; (c) is disclosed to the Customer by a third party as a matter of right and without restriction at the time of disclosure; or (d) is independently developed by the Customer without access to the Confidential Information.
- "Customer" means the person who orders the Service and person shall be taken to include bodies corporate or unincorporate. Access Broadband may accept instructions from another person who Access Broadband reasonably believe is acting with the Customer's authority or knowledge.
- "Customer Apparatus" means apparatus belonging to the Customer not forming part of the Equipment but which may be connected to the Equipment;
- "Equipment" means any apparatus or equipment provided by Access Broadband or any third party to the Customer at the Premises to enable provision of the Service;
- "Fair Use Policy" means the Policy introduced by Access Broadband to assist in the provision of a fair level of service for all Customers
- "Minimum Period of Service" (a) For customers using Access Broadband Home or Pro Plans - The minimum period will be eighteen months (18) year from the commencement date. Access Broadband may from time to time make its services available on a promotional basis. These promotions will be subject to special conditions which amend these conditions and will be notified to the Customer with details of the promotion. Promotions may also be subject to qualifying conditions which the Customer will need to meet.
- "Access Broadband " means Access Broadband Internet Limited, c/o QiComm, Network House, 15 High Street, Hampton Hill, Middlesex, TW12 1NB
- "Access Broadband System" means the telecommunication system which Access Broadband runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by, Access Broadband from a third party.
- "Premises" means the Customer's premises where the Service is to be received.
- "Service" means the installation, connection and supply of a radio wireless link supporting WIRELESS services at the Premises and the provision of telecommunication services over such circuit as detailed in our website. For further details and a description of the Service see http://www.accessbb.co.uk;
- "Standard Tests" means the tests carried out by Access Broadband or any third party to determine whether the Service is ready;
- "Term" is defined in clause 3.
- "Traffic" means data transmitted and received across the network
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2.2 The provisions of the Application Form are binding on Access Broadband once Access Broadband confirm to the Customer in writing acceptance of the Customer's order. The Customer agrees to receive the Service and pay the fees for the Service as specified in this Agreement.
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2.3 Access Broadband will provide the Service to the Customer in accordance with the Conditions of this Agreement and with reasonable skill and care. It is technically impracticable to provide the Service or the telecommunications services free of faults and Access Broadband does not undertake to do so.
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2.4 Access Broadband will use its reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of Access Broadband , or by errors or omissions of the Customer.
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2.5 Access Broadband exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it or the accuracy of information received through it.
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2.6 To use the Service, the Customer needs to supply Access Broadband with certain details on the online order form or on the Application Form. Access Broadband will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
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2.7 The Customer must have an Access Broadband Wireless Connection with the Physical Characteristics in order to receive the Service. If the Customer changes from the Physical Characteristics Access Broadband cannot be held responsible if the Customer is no longer able to receive the Service.
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2.8 The Customer acknowledges that the Service will depend upon the characteristics of the Customer's Access Broadband Wireless Connection and that where the Carrier so determines it may not be possible to supply the Service. In this event Access Broadband shall have the right to terminate this Agreement without liability to the Customer.
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2.9 From time to time certain PoPs, servers, or the whole or part of the Network may be closed down for routine repair or maintenance work. Access Broadband or its authorised representative shall give as much notice as in the circumstances is reasonable and Access Broadband shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time.
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2.10 Access Broadband may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. Access Broadband will give the Customer as much notice as possible of any planned interruption of the Customer's Service. In these circumstances The Customer shall have no claim against Access Broadband for any such interruption.
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2.11 Access Broadband will correct reported faults as soon as possible. Should the Customer encounter a fault with the Service the Customer should report the fault to the Access Broadband Wireless helpdesk. Technical Support contact information including availability times is available at http://www.accessbb.co.uk
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2.12 Access Broadband may include links from time to time from the Service to other Internet sites. Access Broadband have no control over the content of such sites and disclaims any liability in respect of the Customer's use of such sites. The Customer may wish to use one of the available filtering software products to help prevent access to certain web content.
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2.13 The Customer acknowledges that the Service shall be provided by Access Broadband at the Premises and that under these Conditions the Customer cannot require Access Broadband to transfer the Service or Equipment to another location. In the event the Customer requests the Equipment to be moved to another location within the Premises, Access Broadband reserve the right to accept or reject such request and Access Broadband 's decision shall be final. Any expense incurred in such move of the Equipment within the Premises shall be incurred by the Customer.
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2.14 Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:
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2.14.1 redistribute, encumber, sell rent, lease, sub-license, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part;
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2.14.2 disclose Service features, errors or viruses to any third party without Access Broadband 's prior written consent;
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2.14.3 use the Service except in conjunction with Access Broadband 's recommended operating environment, notified by Access Broadband ; or
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2.14.4 modify the Service without Access Broadband 's prior written consent.
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2.15 Access Broadband reserves the right to remove e-mail from Access Broadband servers that is left for a period of more than four months.
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2.16 Access Broadband reserves the right to change the Customer's password at any time at its sole discretion.
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2.17 Access Broadband reserves the right to introduce a Fair Use Policy at any time
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2.18 Access Broadband reserves the right to manage Customer Traffic across its network. This may involve restrictions to the Customer's Service including, but not limited to, reduced connection speed, restriction of 'peer to peer' downloading or imposing specific usage limits. These restrictions maybe used singularly or in conjunction with others. Access Broadband reserves the right to deploy network Traffic management measures at anytime and without notice. Access Broadband undertakes to use network management to deliver a fair service to its customers.
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3.1 This Agreement will commence on the Commencement Date and shall continue for a term equivalent to the subscription period paid by the Customer until the expiry of that subscription period or the Agreement is terminated in accordance with the terms hereof ("the Term") subject to the provisions of paragraph 13.1
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3.2 The Minimum Period of Service does not prevent Access Broadband from suspending or terminating the Service under paragraphs 12 and 13 of this Agreement.
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- 4.1 Access Broadband shall provide the Customer with the Service for the fees as set out on the Access Broadband website, at the time of placing an order, or on the Application Form. These fees are payable in advance from the start of the Minimum Period of Service. Payment will be due on the date specified on the invoice. Access Broadband accept major credit cards, or direct debit payments only. Save where the Service is terminated by Access Broadband without cause, the Customer shall not be entitled to a refund of subscriptions paid. Certain Access Broadband Future Services will be billable in arrears. Example of billing in arrears include charging for billable phone calls and additional usage allowance
- 4.2 Subject to our discretion we will invoice you with credit terms of 30 days net, on an Annual basis only. Access Broadband may charge interest on all outstanding amounts on a daily basis at the rate of 3% per annum above the base lending rate of Barclays Bank plc in force from time to time, from the date of the invoice until the date of actual payment or judgement has been enforced. Additionally, Access Broadband reserves the right to terminate the provision of service to the Customer immediately if the Customer is in default of payment. Such termination is without prejudice to the rights of either party accrued prior to the date of termination.
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4.3 Any setup fees, installation fees, or charges for Wireless Customer Premise Equipment, and other equipment as specified on the online order form or on the Application Form is payable in advance by either direct debit or credit card.
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4.4 All fees are subject to change from time to time in the event that the Carrier increases its fees to Access Broadband . Access Broadband will contact you in the event of any such increases.
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4.5 Regrades between Services may be requested by the Customer. Access Broadband will not charge for moving a customer between plans. The Customer acknowledges that some regrades may not be possible due to incompatibility of Services and Access Broadband reserves the right to refuse such regrade requests. Customer may enquire as to regrades by contacting Customer Services.
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4.6 In addition to the fee set out on the Access Broadband website, at time of placing an order, or on the Application Form, Access Broadband shall be entitled to charge the Customer for the reasons given.
- (a) If a customer wants to relocate the Ethernet Cable from one room/floor to another within the same building
- (b) Abortive Visit Charge - Abortive visits include attendance to incorrect address provided by the customer, site does not meet requirements specified by AccessBB or End User is not available.
- (c) Administration Charges - Where The Customer provide illegible, materially incomplete or incorrect order details.
- (d) Reworking Charge - If the Customer consents to an AccessBroadband engineer making good any existing installed wiring to make it fit for installation of the Service.
- (e) Order Cancellation - If the customer requests the cancellation of the Access Broadband ADSL service five (5) or less days prior to the arranged installation date the following fees will apply: three to five (3-5) days prior to activation the cancellation fee will be £50 + VAT. two (2) days or less prior to activation the cancellation fee will be £75 + VAT.
For the latest pricing information on the above please contact the Access Broadband sales department on 0800 635 35355.
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5.1 execute any works on the Premises for, or in connection with, the installation, maintenance, adjustment repair, alteration, moving, replacement, renewal or removal of the Equipment;
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5.1.1 keep and operate the Equipment installed on, under or over the Premises;
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5.1.3 enter the Premises to inspect any telecommunication apparatus kept on, under or over the Premises or elsewhere for the purposes of the Access Broadband System. The permission set out above shall continue in force after cancellation or termination of this Agreement until such time as Access Broadband have removed all Equipment from the Premises.
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5.2 The Customer must allow Access Broadband to have access to the Premises at all reasonable hours for the purpose of testing or maintaining any of the Equipment and/or the Service and provide a safe and suitable environment for such access visits.
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6.1 Access Broadband will only arrange for the Wireless service to be provided on the customer's home or business. It is the customer's responsibility to connect any and all computers to the Internet Ready CAT5 cable provided.
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6.2. Access Broadband shall attempt to provide and install or procure the provision and installation of the Equipment at the Premises so that the Service can be provided on or before any installation date specified or agreed to by Access Broadband . Any installation date given is an estimate only and Access Broadband shall not be liable for any failure to meet such installation date.
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6.3 Access Broadband shall use its reasonable endeavours to comply with the Customer's reasonable requests in respect of installation but Access Broadband or its contractor or agents' decision on the routing of cables and wires and the positioning of outlets and other apparatus constituting the Equipment or part thereof shall be final and binding.
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6.4 A secure electricity supply is required at the Premises for the installation, operation and maintenance of the Equipment at such points and with such connections as specified by Access Broadband . Unless otherwise agreed, this power supply is to be provided by the Customer. Access Broadband shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.
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6.5 The Customer acknowledge that during the installation of the Equipment for the provision of the Service the Customer's Access Broadband Wireless Connection may suffer a temporary loss of service which shall be reinstated following installation and/or interference to any other Customer Apparatus or services used in connection with the Access Broadband Wireless Connection (e.g. ACCESSBB Wireless Connection security systems) without any liability to Access Broadband.
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This section applies to customers requiring Access Broadband to manage the connection, installation and equipment. Customers wishing Access Broadband to manage the connection only can ignore this section as they must procure, install and manage their own equipment.
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7.1 The Customer agrees not to do or allow anything to be done to the Premises that may cause damage to, or interfere with, the Equipment or prevent easy access to it.
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7.2 The Customer shall procure at the Customer's own expense all permissions, licences, registrations and approvals necessary for Access Broadband to deliver, install and maintain the Equipment for the provision of the Services.
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7.3 Following the installation of the Equipment Standard Tests shall be carried out by Access Broadband to ensure that the Service is ready for use. If the Service is not ready for use, Access Broadband shall either repair or replace, at its sole option, the Equipment or any part thereof and repeat the Standard Tests. The Customer shall be entitled to use the Services following Access Broadband informing the Customer of successful completion of the Standard Tests.
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7.4 The Equipment shall remain the property of Access Broadband or the supplier of such equipment (including any Carrier) and the Customer shall at all times make clear to third parties that the same is the property of Access Broadband or a third party supplier of such equipment. Access Broadband may modify, substitute, renew or add to the Equipment from time to time at its absolute discretion.
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7.5 The Customer shall be responsible for ensuring at all times the safekeeping and proper use of the Equipment after delivery and installation at the Premises. The Customer shall be liable to Access Broadband for any loss or damage to the Equipment (except where it can be shown that such loss or damage was caused by our negligence or due to fair wear and tear). The Customer will notify Access Broadband immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) the Customer undertakes:
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7.5.1 to keep the Equipment at the Premises and not to move it;
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7.5.2 to comply with all instructions as Access Broadband may notify to the Customer and/or with the manufacturer's instructions and not to use the Equipment except in accordance with such written instructions and in accordance with the law and any applicable licence granted there under;
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7.5.3 not to cause the Equipment to be repaired or otherwise maintained except by an authorised representative of Access Broadband ;
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7.5.4 not to cause any attachments other than those approved for connection under the Act to be fitted to the Equipment except in accordance with such written authorisation as may be notified by Access Broadband to the Customer from time to time;
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7.5.5 not to do anything nor to allow to subsist any circumstances likely to damage the Equipment or detract from or impair its performance or operation and not to add, modify, or in any way interfere with or impair the performance of the Equipment; and
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7.5.6 not to attempt to sell, transfer, dispose of, let, mortgage, charge, modify, extend, repair, service, tamper with, remove or interfere with the Equipment or suffer any distress, seizure or execution to be levied against or of the Equipment or otherwise do anything prejudicial to Access Broadband or the owner of such Equipment's rights in the Equipment; and
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7.5.7 not to remove, tamper with or obliterate any identification mark(s) affixed to the Equipment or to any part thereof showing that it is the property of Access Broadband or other third party supplier of such equipment.
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7.5.8 to permit Access Broadband and its employees, agents or contractors to inspect or test the Equipment at all reasonable times;
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7.6 The Customer shall be liable for any loss or damage howsoever caused (including but not limited to lightning or electrical damage) to any part of the Equipment or any of its own property within the Premises (except in so far as it can be shown that such loss or damage is attributable to the negligent act or omission of Access Broadband ). The Customer will notify Access Broadband immediately of any such loss or damage.
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7.6.1 The Customer undertakes to indemnify Access Broadband against any and all such loss or damage referred to in this clause 7.6.
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7.6.2 Wilful destruction or abuse of the Equipment may result in additional charges being payable by the Customer to Access Broadband.
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8.1 The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.
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8.2 The Customer shall ensure that such Customer Apparatus complies with any applicable law. The Customer shall immediately disconnect any such apparatus if such apparatus does not, or ceases to, conform to applicable standards (if any) for the time being in force.
Access Broadband reserves the right to disconnect any apparatus used by the Customer if the Customer does not fulfil their obligations under this Clause or if, in the opinion of Access Broadband , such apparatus may cause the death of or personal injury to any person, or damage to property, or materially impair the quality of any telecommunication service provided by means of the Access Broadband Systems, and the Customer agrees to disconnect such apparatus at the request of Access Broadband .
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9.1 The Customer must NOT use the Service:
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9.1.1 in a way that does not comply with the Conditions or any legislation or that is in any way unlawful or fraudulent; or
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9.1.2 in connection with the carrying out of a fraud or criminal offence against any telecommunications operator; or
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9.1.3 to send, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which cause overloads to the Access Broadband System; or
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9.1.4 to send or procure the sending of unsolicited advertising or promotional material; or
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9.1.5 in a way that does not comply with any instructions given by Access Broadband for reasons of health, safety or the quality of the Carrier's telecommunications services or the Access Broadband System; or
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9.1.6 attempt to use the Service in a way that modifies, decompiles, translates, reverse engineers, reconfigures, disassembles or otherwise alter or attempt to modify or reconfigure the Service or any Equipment or software or copy any manual or documentation relating to the Service except to the extent applicable law specifically prohibits such restrictions;.
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9.1.7 distribute copies of the licensed programs or their documentation to others;
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9.1.8 rent, lease or grant its rights to the licensed programs;
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9.1.9 ship or transmit (directly or indirectly) any copies of the licensed programs or any technical data in the licensed programs or its media or any direct product thereof to any entity or country destination
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9.2 The Customer will co-operate with Access Broadband 's reasonable requests for information regarding the Customer's use of the Service and supply such information without delay.
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9.3 Where the Customer uses the Service to reach networks and services not operated by Access Broadband , the Customer will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.
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9.4 The Customer warrants that:
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9.4.1 it, as the registered user of the account, will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text
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9.4.2 if the password becomes known to any other unauthorised user it will inform Access Broadband or its authorised representative immediately;
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9.4.3 any breach of these obligations shall entitle Access Broadband to immediately terminate the Service to the Customer without notice.
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9.5 Use by others: The Customer acknowledges that Access Broadband is unable to exercise control over the content of information passing over the network utilised by the Service or via the Service, and Access Broadband hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
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9.6 The Access Broadband Home 512, Home 1MB, Home 2MB Services are designed for home consumer use only. Business and commercial use is strictly prohibited.
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10.1 Access Broadband and its suppliers own the licensed programs and the documentation provided with this Agreement, both of which are protected by copyright laws. The Customer's right to use the licensed programs and documentation is limited to the terms and conditions described below:
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10.2 The Customer may:
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10.2.1 use the enclosed licensed programs on the number of users specified in the Service to which the Customer subscribes;
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10.2.2 physically transfer the licensed programs from one computer to another provided that the licensed programs are used on no more than the number of users specified and that the Customer removes any copies of the licensed programs from the computer from which the licensed programs are being transferred;
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10.2.3 make copies of the licensed programs solely for the purposes of backup. The copyright notice must be reproduced and included on a label on any backup copy.
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11.1 Access Broadband shall investigate any suspected or alleged breach of these Conditions or the misuse of the Service as described in the AUP or any suspected compromise to the network utilised by the Service, systems or security and in doing so Access Broadband will act reasonably and fairly at all times.
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11.2 Access Broadband reserve the right to take any action Access Broadband deem appropriate and proportionate to the breach of the Conditions.
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11.3 If Access Broadband decide that the Customer has breached the Conditions, Access Broadband will use reasonable endeavours to ensure that the Customer is made aware of the breach without restriction suspension or termination of the Service. Depending on the severity and nature of the breach it may be necessary, to restrict suspend or end the Service without notice whilst details of the breach are investigated further and if relevant to protect other Users of the Service or network. Access Broadband reserve the right to restrict suspend or end the Customers Account at it's sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service.
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11.4 The Customer must notify Access Broadband immediately in writing of any allegation of infringement of any intellectual property rights prompted by its use of the Service. The Customer may not make an admission relating to an alleged infringement. The Customer must allow Access Broadband , or at Access Broadband 's election, the Carrier to conduct all negotiations and proceedings and give Access Broadband or the Carrier all reasonable assistance in doing so. The Customer must allow any part of the Service to be modified so as to avoid continuation of the alleged infringement.
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12.1 The Customer may end this Agreement after the Minimum Period of Service by giving Access Broadband not less than thirty (30) days written notice with the exception of Access Broadband Talk which requires not less than fourteen (14) days written notice expiring no earlier than the end of the Minimum Period of Service or the current paid subscription, whichever is greater. If a Customer wishes to end this Agreement before the end of the Minimum Period of Service, Access Broadband shall be entitled to charge the Customer fees which would have been payable by the Customer for the balance of the Minimum Period of Service.
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12.2 In addition, if a Customer using Access Broadband Solo, Access Broadband Start, Access Broadband Go, Access Broadband Max, Access Broadband Lite, Access Broadband 1000 and Access Broadband 2000 wishes to end this Agreement before twelve (12) months have elapsed since the Commencement Date Access Broadband shall be entitled to charge a termination fee. For details of the current termination fee please contact the Access Broadband Sales department on 0845 077 2537.
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12.3 The Customer may terminate services by:
- (a) writing to Access Broadband Internet Ltd, PO Box 273, Welwyn Garden City, Herts. AL7 1YA (or by fax to 01707 299502), or
- (b) calling Customer Services
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12.4 Access Broadband may end this Agreement immediately upon written notice to the Customer if:
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12.4.1 it becomes unlawful for (i) Access Broadband or the Carrier supporting the Service to continue to provide the Service; or (ii) Access Broadband or the Carrier supporting the Service is required to cease the Service by a competent regulatory authority; or
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12.4.2 the Carrier supporting the Service ceases to do so for whatever reason or materially changes the terms of its provision of telecommunications services to Access Broadband for the Service beyond the reasonable control of Access Broadband ; or
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12.4.3 The Customer (or a third party acting on the Customer's behalf or instruction) fails to comply with any of the Conditions of this Agreement including the Customer's obligation to pay and the Customer does not remedy such failure within fifteen (15) days of a request to do so. At the time of termination all outstanding amounts on the Customers account plus any additional amounts in line with the Minimum Period of Service will immediately become due.
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12.4.4 The Customer takes (or causes or permit a third party to take) any action in breach of Access Broadband 's rights to the Confidential Information.
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12.5 The provisions of this Agreement regarding Confidential Information and limitation of liability shall survive the termination of the Agreement.
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12.6 Upon termination of this Agreement the Customer shall immediately stop using the Service and the Customer's right to use the Service shall immediately terminate. Customers who receive free use of a modem will also be required to pay a one-off fee of £17.02 + VAT (£20.00 inc. VAT). Access Broadband may request at its discretion for the Customer to return any Equipment that Access Broadband had provided free of charge, including the original contents and packaging to Access Broadband Internet Ltd, PO BOX 273, Welwyn Garden City, Herts. AL7 1YA.
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- 13.1 THE SERVICE WILL BE PROVIDED TO THE CUSTOMER "AS IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Access Broadband DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS FREE OF DEFECTS AND VIRUSES, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. FURTHER, Access Broadband DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE CUSTOMER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CUSTOMER'S USE OF THE SERVICE.
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14.1 Nothing in this Agreement shall exclude or limit liability for (a) death or personal injury resulting from the negligence of party or their servants, agents or employees or (b) fraud.
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14.2 Access Broadband shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for:
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14.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
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14.2.2 any loss of goodwill or reputation; or
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14.2.3 any special, indirect or consequential losses or any destruction of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, suffered or incurred by that party arising out or in connection with the provisions of, or any matter under this Agreement.
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14.3 Subject to paragraphs 15.1 and 15.2 Access Broadband 's liability to the Customer in contract, tort, negligence, pre-contract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to £250.
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14.4 Each provision of this paragraph 15 excluding or limiting liability shall be construed separately, applying and surviving even it for any reason any other provision does not remain in force, notwithstanding the expiry or termination of this Agreement.
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14.5 The Customer is solely responsible for any liability arising out of any content provided by the Customer and/or any material to which other users can link to through such content. Any data included in the Equipment upon installation by Access Broadband is for testing use only and Access Broadband hereby disclaim any and all liability arising there from.
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- 15.1 The Customer agrees to indemnify and hold Access Broadband harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the Customer; and (b) any transmission or receipt of any content or message which the Customer has requested or made using the Service.
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16.1 Access Broadband may retain the Customer's personal data, and the Customer authorise Access Broadband to use their personal data, for the following purposes:
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16.1.1 provision of the Service to the Customer;
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16.1.2 keeping of a record for a reasonable period after termination of the Customer's Service;
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16.1.3 operation and enforcement of these Conditions;
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16.1.4 technical maintenance;
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16.1.5 providing the Customer with information about other services Access Broadband offer, subject to the Customer's right to opt out of receiving such information on the Application Form;
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16.1.6 transferring it to another company in the event of a sale of Access Broadband ; and
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16.1.7 legal compliance including disclosing it to any third party who Access Broadband reasonably consider has a legitimate interest in any such investigation or its outcome.
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16.2 It is the Customer's responsibility to keep the personal data that the Customer provide to Access Broadband up to date. Access Broadband may send notices or other information to the Customer at the address the Customer give Access Broadband . The Customer should notify Access Broadband immediately of any change to the Customer's personal data by sending Access Broadband an email to customerservices@accessbb.co.uk
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17.1 The Customer must at all times, both during the term of the Agreement and for a period of two (2) years after its termination, keep in confidence all Confidential Information using at least the same standard of care the Customer uses with their own confidential information, but in any event no less than reasonable care. The Customer may not use or disclose any Confidential Information other than for purposes and activities specifically permitted by the Agreement. The Customer may only disclose Confidential Information to an employee or contractor under binding obligations of confidentiality substantially similar to those set forth in this Agreement on a "need to know" basis. If the Customer is legally compelled to disclose any Confidential Information, then, prior to such disclosure, the Customer must:
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17.1.1 immediately notify Access Broadband to allow Access Broadband an opportunity to contest the disclosure;
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17.1.2 assert the privileged and confidential nature of the Confidential Information; and
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17.1.3 co-operate fully with Access Broadband in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event that such protection is not obtained the Customer may disclose the Confidential Information only to the extent necessary to comply with applicable legal requirements.
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18.1 Any notice required or permitted under the Agreement must be in English and in writing. The Customer must send any such notice to Access Broadband to our mailing address.
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18.2 Any notice to be sent to the Customer will be sent to the address which the Customer provided on the Application Form or such other address as the Customer shall have given written notice of as the billing address.
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19.1 Access Broadband reserve the right to assign or sub-contract any or all of its rights and obligations under this Agreement without the Customer's further consent to such assignment or sub-contract.
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19.2 The Customer may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior express written consent of Access Broadband.
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- 20.1 If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party's reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other for such failure to perform its obligations.
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21.1 All title, interests, and rights (including intellectual property rights) in the Service remain in Access Broadband and/or its suppliers. The Customer acknowledge such title, interest and rights and the Customer shall not take any action to jeopardise, limit or interfere in any manner with Access Broadband 's (or any third party supplier's) title, interests or rights with respect to the Service including, but not limited to, using its trademarks or trade name.
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21.2 Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable laws. The right to use granted to the Customer under this Agreement gives the Customer no rights to such content. If the Customer wishes to use such content, the Customer must ensure that he has the appropriate consent or licence of the content owner.
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- 22.1 Access Broadband reserve the right to add to and/or amend the Conditions at any time. Such changes shall be notified to the Customer by posting on the Legal section of the Access Broadband Website (http://www.accessbb.co.uk) Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Website.
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23.1 The Agreement will constitute the entire agreement between the parties concerning the subject matter of these Conditions. It will supersede all prior and contemporaneous agreements, communications and representations (except for fraudulent or negligent misrepresentations) whether oral or written, between the parties relating to the subject matter of these Conditions, and all past courses of dealing or industry custom. The Agreement will prevail over any other conflicting written instrument or other notice the Customer may submit to Access Broadband .
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23.2 Any amendment to the Agreement must be in writing and signed by an authorised representative of each party.
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23.3 The Agreement shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the Courts of England.
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23.4 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to the Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
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23.5 If any provision of the Agreement (whether in part or in whole) is held by a court of competent jurisdiction to be illegal, invalid or unenforceable the remaining provisions of the Agreement shall remain in full force and effect.
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23.6 Any waiver of any breach of any provision of the Agreement will not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the Agreement. A waiver of a provision or breach of a provision of the Agreement will only be effective if made in writing and signed by an authorised representative of the waiving party.
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23.7 The licence granted under the Agreement will not create a partnership, joint venture, agency relationship or franchise relationship.
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23.8 Notwithstanding any other provision in this Agreement, nothing in this Agreement will create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the Customer or Access Broadband .
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23.9 The headings to the sections of these Conditions are for convenience only and have no substantive meaning.
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Terms and Conditions:
All goods returned to Access Broadband , whether incorrectly supplied, unwanted, damaged, or faulty, will only be accepted subject to the following terms and conditions:
- Returned goods will only be accepted if they are within warranty.
- The customer agrees that Access Broadband may charge to the customer's account all restocking fees and other charges which Access Broadband deem to be payable in respect of returned or returnable goods. The customer agrees to pay all such fees or charges and authorises Access Broadband to take such payment by the customer's normal account payment method as applicable without further notification to the customer.
- No refund or replacement can be made against goods which cannot be identified as coming from the customer who is returning them. In the event we can not identify you as the customer who is returning the goods Access Broadband will charge you automatically for the replacement goods that you have received.
- To ensure that Access Broadband can identify you as having returned your faulty goods all items must be accompanied by a completed Return Merchandise Authorisation (RMA) form. Full details of any fault should be entered on the RMA form if applicable.
- Goods must be returned complete, including all packaging, cables, manuals, CDs etc, and in an acceptable condition. If any item(s) are missing, then the goods will be deemed incomplete. This includes goods received late, or non-return of RMA goods.
- Access Broadband reserve the right to charge at full retail price for any missing item(s) or discrepancies in returned goods, or for any item(s) which have faults or damage not covered by warranty. This may also delay the shipping of the correct goods, and may result in a delay to or complete forfeiture of any anticipated credit. All goods are the customer's responsibility until delivered to Access Broadband .
- Access Broadband will allow 14 days from the shipping date of replacement goods for the return of damaged or faulty goods. In the event Access Broadband does not receive the damaged or faulty goods within this time, Access Broadband will automatically charge you our retail price for the goods dispatched.
- Access Broadband will aim to refund unwanted items within 7 days from the receipt of the returned goods.
Illegal Use:
The Network utilised by Access Broadband Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or intellectual property rights used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
The Network:
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1. The User acknowledges that Access Broadband is unable to exercise control over the content of the information passing over the network utilised by Access Broadband Services. Therefore, Access Broadband is not responsible for the content of any message whether or not the posting was made by a Access Broadband Customer.
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2. The network utilised by Access Broadband Services may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.
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3. In addition the User undertakes to conform to the Internet protocols and standards.
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4. The User may not circumvent User authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with the Service to any User, host, or network (referred to as "denial of service attacks").
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5. Without prejudice to the foregoing, any application that overloads the network utilised by Access Broadband Services by whatever means will be considered as making profligate use of the network utilised by Access Broadband Services and will as such NOT be permitted. Use of IP multicast other than by means provided and co-ordinated by Access Broadband is likewise prohibited.
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6. The User acknowledges that the availability of their Access Broadband Service is also dependent upon reasonable usage of the network. The User further acknowledges that Access Broadband reserves the right to manage the Traffic of those Customers whose usage Access Broadband considers to be either not consistent with or appropriate for the Service to which they subscribe or detrimental to the other Users who share the network.
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7. The User acknowledges that Access Broadband has the right to introduce a Fair Use Policy for its Services if Access Broadband feels such a policy is necessary to ensure the provision of service for all Users. Details of any applicable Fair Use Policy will be posted on the Access Broadband website
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8. Users sending or receiving malicious or illegal Traffic will be suspended or disconnected upon detection by Access Broadband . Access Broadband understands that in some cases the User may not be aware of or responsible for the origination of such Traffic, in which case Access Broadband will work with the User to resolve the issue and restore normal service as efficiently as possible.
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9. Users who violate systems or network security may incur criminal or civil liability.
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10. Access Broadband will co-operate fully with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities.
System and Network Security:
Violations of system or network security are prohibited, and may result in criminal and civil liability. Access Broadband will investigate incidents involving such violations and will involve and will co-operate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorisation of the owner of the system or network;
- Unauthorised monitoring of data or Traffic on any network or system without the express authorisation of the owner of the system or network;
- Interference with service to any User, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
If approached with complaints relating to any system or network violations, Access Broadband will co-operate and assist the Police and law enforcing bodies with their investigations in order to bring such mis-use and violations to an end.
Traffic Management:
Access Broadband uses network traffic management measures to help meet the challenge of continuing to provide a fair service on our network. A challenge born from the way a tiny minority of customers use their connections.
Although these 'heavy users' represent a tiny fraction of our customer base, the usage patterns and activities of these types of users can have an extremely detrimental impact on the connection performance of the vast majority of our customers; especially during the busiest periods on our network.
High Traffic Usage:
Important notice to customers generating unusually large amounts of traffic over their broadband connection. Access Broadband manages its network in order to deliver the optimum service for its customers.
Access Broadband is a customer focused company, with some of the most friendly terms and conditions in the marketplace. We aim to make any changes that may affect our customers in an open and transparent way. So if we are changing the small print we want you to know about it.
As you may be aware, Wireless Broadband broadband is a contended service i.e. a shared service. Our Terms and Conditions and Acceptable Use Policy are being implemented so we can provide fair access to our network during the busiest periods of the day.
At Access Broadband , the quality of service we provide on our network has always played a vital role in our long-standing and continued success. People select our high quality broadband services on the basis of consistent, professional performance delivery, not hype.
If you have any questions regarding this statement please contact us by e-mailing: customerservices@accessbb.co.uk
Our Services:
Access Broadband provides a comprehensive range of Internet connectivity solutions and services to consumers and small businesses. For the most up-to-date information please refer to our Web site at: http://www.accessbb.co.uk/
All Access Broadband Internet products include e-mail access.
You DO NOT need a BT (or similar) telephone line if you wish to order a Access Broadband broadband product. The use of Access Broadband residential accounts for business purposes is strictly prohibited. Business customers should consider Access Broadband Business Broadband products.
Ordering Access Broadband Products and Services:
You can order Access Broadband products and services online; please visit our Web site at: http://www.accessbb.co.uk
You can also initiate an order on the telephone with Our Customer Service Advisors who are on hand to provide professional, friendly advice and information about Access Broadband products:
Customer Services Department: 0800 635 3535 (within UK - Toll Free Call)
Opening hours: 09.00 - 17.30 Monday to Friday.
Once you have selected your Access Broadband service or product our ordering process requires you to complete an application form, and to sign and return our terms and conditions.
Customers purchasing through accessbb.co.uk can accept our terms and conditions online, thus accelerating their application.
Orders are only processed once the application form and Terms and Conditions have been received back from the customer. As a guide, it normally takes around 20 working days to activate a new customer's Wireless Broadband connection, depending on the circumstances.
Pricing Information:
Access Broadband will ensure that all pricing information clearly states which charges are included or excluded. We will also make all reasonable endeavours to ensure that all pricing information is accurate and up-to-date at the time it is published.
Access Broadband Terms and Conditions:
When you purchase any Access Broadband product or service, you will be required to sign our standard contract for the supply of that product or service; this includes your agreement to comply with the Access Broadband Terms and Conditions applicable to that product or service, as well as the Access Broadband Acceptable Use Policy.
Access Broadband Terms and Conditions contain minimum contract periods and cancellation fees. We therefore advise potential customers to read our Terms and Conditions, Acceptable Use, Data Protection and Privacy policies carefully before signing, to avoid any confusion or dissatisfaction.
How to Contact Access Broadband:
You can contact Access Broadband by telephone, e-mail, fax or post.
The opening hours of our Technical Support and Customer Service teams are:
09.00 - 17.30 Monday to Friday.
Access Broadband Technical Support:
Access Broadband provides an innovative and comprehensive online support and information portal, which can solve a variety of customer issues. Please visit: http://www.accessbb.co.uk/support/index.html
Telephone (Within UK ): 0208 635 5000
Telephone (From overseas): +44 208 635 5000
Fax: 0208 635 5555
Email (for Access Broadband Wireless customers): support@accessbb.co.uk
Access Broadband Sales & Customer Services:
For non-technical queries, such as account, billing, orders, upgrades or order status queries:
Telephone (Within UK - Toll Free *): 0800 635 3535
Email customerservices@accessbb.co.uk
Cancellation of Services:
Access Broadband customers may choose to cancel their service at any time, subject to the Access Broadband Terms and Conditions applicable to their contract. Depending on the type of service purchased, and the length of time for which the account has been open, a cancellation charge, and/or a charge for any unexpired remainder of the contract period, may be payable.
PLEASE NOTE: For legal and customer protection reasons, cancellations CANNOT be accepted by telephone. 30 days' notice of all cancellations is required.
The Customer may terminate services by:
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(a) writing to Access Broadband Internet Ltd, Network House, 15 High Street, Hampton Hill, Middlesex TW12 1N8
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(b) calling Customer Services on 0800 635 3535
Access Broadband's Commitment to Quality:
Our service delivery ethos is about much more than providing you with a service and leaving it to manage itself. We have always been committed to delivering quality throughout every aspect of our operations - from initial phone contact to pre- and post-sales support.
Our Commitment to You:
Access Broadband believes in providing the highest levels of customer service and satisfaction. We are constantly reviewing our services and processes in order to provide our customers with the best internet service available today. Should a customer require any assistance, Access Broadband has dedicated Technical Support and Customer Service Teams that are staffed by highly trained, friendly people who are there to help. See contact details for information.
As a responsible company Access Broadband follows the guidelines of the UK Communications Industry regulator OFCOM. Access Broadband is also a member of the Internet Service Providers Association (ISPA) and abides by their Code of Practice as well.
Please visit their site for more information: http://www.ispa.org.uk/
Service Provision and Information:
Access Broadband is committed to ensuring that the service you purchase is available for use as much as is reasonably possible. We actively monitor the performance of our services, and, where possible, we notify affected customers using System Announcements.
Customer Satisfaction:
Access Broadband welcomes comments and feedback on all aspects of our products, service and customer experience; engaging with our customers is a vital ingredient of our company's philosophy. Please feel free to send your comments to: customerservices@accessbb.co.uk
You can also write to or fax our Customer Services team on the contact details listed earlier.
Complaints Resolution:
Access Broadband believes passionately in delivering the best possible customer experience. Should you have an issue with any aspect of our products, service or customer experience, there are a number of ways that we can try to resolve your query.
If you are in conversation with our Technical or Customer Service Teams your first course of action should be to ask to speak to a Team Manager, who will try to resolve your query there and then. If a Team Manager is unavailable, arrangements will be made for one to call you at the earliest opportunity.
In the event you remain dissatisfied with the solution or explanation offered we request you raise a formal complaint by writing to us
You are also welcome to make a formal written complaint in the first instance should you wish to do so.
Our Customer Care Team always investigates and concludes issues efficiently with a focus on customer care. To help us respond to your complaint quickly and effectively, you should include the following information as appropriate:
- Your customer account number
- Your ticket reference number
- A record of all related communications with Access Broadband
- A summary of the issues which you wish our response to address
Access Broadband will respond by sending an email or letter, depending on the most appropriate communication method, acknowledging all written complaints within 48 hours of receipt. We aim to resolve customer complaints within 7 to 10 working days; however, this process may be lengthened if further investigation or correspondence are required. Should resolution take longer than 10 working days Access Broadband will contact you with progress updates.
Should you remain dissatisfied with Access Broadband 's response, you may request in writing to the Customer Care address given above that the matter be escalated to a more senior level within the organisation for a review.
If we still have been unable to resolve a complaint satisfactorily after three months you may refer the complaint to an independent arbitrator. Access Broadband is a member of the Communications and Internet Services Adjudication Scheme (CISAS) which is operated by the Chartered Institute of Arbitrators. CISAS is an OFCOM (Office of Communications) approved arbitrator.
CISAS will make an independent decision based on the information provided by you and Access Broadband . You can contact CISAS at the following address:
CISAS
The Chartered Institute of Arbitrators
12 Bloomsbury Square
London
WC1A 2LP
Web site: http://www.arbitrators.org/cisas
OFCOM and its Role:
OFCOM, the Office of Communications, is the regulatory body for the communications industry. If you are still not happy once your complaint has been reviewed by CISAS and a decision made, or if you would like more information on OFCOM's role, please contact:
Office of Communications
Riverside House
2A Southwark Bridge Road
London
SE1 9HA
Web site: http://www.ofcom.org.uk
Telephone 020 7981 3000
Fax 020 7981 3333
Complaints Regarding Abuse or Website Content:
If you wish to make a complaint about alleged abuse, either allegedly committed by or against a Access Broadband customer, or about the content of a Web site hosted by a Access Broadband customer, please contact the Access Broadband Abuse Team by email at: abuse@accessbb.co.uk Please supply full details of the alleged abuse, in the case of emails or newsgroup postings including the full unedited email or article headers. Access Broadband will investigate and take appropriate action.
Access Broadband has underlined its commitment to Internet security and the need to combat illegal online content by becoming a member of the Internet Watch Foundation (IWF). The IWF works with ISPs, telecommunications and software companies and Content Service Providers (CSPs) to reduce the availability of child abuse images, criminally obscene and racist content. It influences and develops initiatives and programmes to combat online abuse, in partnership with UK Government departments, such as the Home Office and the Department of Trade and Industry.
To find out more, or to report allegedly-illegal Internet content (irrespective of where you find it - on a Web site, in email, on newsgroups, in chatrooms or anywhere else on the Internet) please visit the IWF's Web site at: http://www.iwf.org.uk
Children and the Internet:
The internet provides a host of fantastic entertainment and educational possibilities for people of all ages. As with all other ISPs, Access Broadband cannot guarantee full protection against illegal or other inappropriate material on the Internet.
Access Broadband recommends the use of Internet access limiting, content filtering and usage monitoring software, which should always be reinforced by the guidance and vigilance of a parent or other responsible person, whenever the Internet is being used by children or vulnerable persons.
Access Broadband takes its corporate responsibilities very seriously and we closely adhere to ISPA's 'Notice and take down procedure'. Like the rest of the industry, we have been working to make the Internet a safer place for its users - children in particular.
All ISP's have to tread a very thin line between censorship and responsible service provision. The industry, led by the Internet Service Providers' Association (ISPA), takes the view that we cannot act as judge and jury on ethical issues. This means that we do not believe that we are the right body to make ethical judgements over whether content is legal or illegal, or indeed inappropriate for certain individuals. These ethical decisions need to be made firstly by legislators - who define policy - and then by enforcement - defining breach of policy. Once a breach has been identified, Access Broadband , like the rest of the UK Internet industry will act decisively.
Billing and Payment:
Access Broadband offers you various convenient ways of paying your bill.
You will be notified of any changes in the price of the service(s) which you have purchased. If you have any difficulties in making payments, please contact our Customer Services Team as soon as possible.
Your bill from Access Broadband will be itemised, and will show each of the services for which you are being billed, and the charge that is being made for that service. The information on your bill will include:
Disclaimer:
Access Broadband take every care to ensure that the content of this document is correct at the date of publication, but accepts no liability for any error or omission therein. Access Broadband products and services are continually under development, and for this reason published information may sometimes not be fully up-to-date. Please therefore check the latest situation either by visiting our Web site at: http://www.accessbb.co.uk or by telephoning our Customer Services Department on 0800 635 3535 (Within UK - Toll Free Rate*).
Access Broadband, QiComm Limited
Registered Office: CARMELITE, 50 VICTORIA EMBANKMENT, BLACKFRIARS, LONDON, EC4Y 0DX. Registered in England: Number 05422551 |