Our contract with you
1. The service
The service gives you high-speed network access to the internet, a range of internet services and applications as described at www.V12telecom.com and will be provided to you at the premises we agree with you (your premises).
2. When does our contract with you start
You can sign up for the service either by telephone or via our approved third party channels. When you have done this, this contract (as set out in these terms and conditions) starts. If you sign up for the service via any or other form that we provide to you, this contract starts when we have countersigned the form.
3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and survey; and
(b) if applicable, successfully install the equipment needed for you to use the service; and
(c) successfully activate the service.
If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible. If any equipment needs to be installed at your premises we may give you some advice on preparing your premises. As a minimum, you will need to provide a suitable location for equipment we install for you or you purchase from us and those items listed at www.V12telecom.com.
4.3 If we need to access or put our equipment on someone else’s premises in order to provide you with the service you will need to make any necessary arrangements.
4.4 When equipment is being installed at your premises the normal expectation is that you will be likely to lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be replaced to allow you to access the service. If we are installing the equipment, we will try and make any loss of service as brief as possible.
4.5 If we damage your premises during installation (or removal) of our equipment because of our negligence, we will cover the reasonable costs of any work that is needed to restore your premises to their original condition before the damage happened. In all other cases, restoration is your responsibility.
4.6 Although we will use our reasonable efforts to install or activate the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.
5.1 So that the service remains safe and secure, any equipment connected to or used with the service must bear the European Consumer Equipment Standards “CE” mark. Such equipment must also be used in accordance with all relevant instructions and safety and security procedures (including, but not limited to, Suppliers Information Note (SIN) 346, which can be located at www.sinet.bt.com. We do not support any equipment not provided by us.
5.2 Title in any equipment we install or provide to you remains with us unless you have paid us for any such equipment in which case title passes to you on our receipt of such payment.
5.3 If you damage or lose our equipment, we may require you to reimburse us for the reasonable charges for repair or replacement.
5.4 We may want to recover our equipment from your premises at the end of this contract and you agree to allow us to do this.
6. Accessing your premises
We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this contract comes to an end). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.
7. Making sure the service is secure
7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
7.2 To ensure that the service remains secure, you must not change or attempt to change a username.
7.3 If we think there is likely to be a breach of security or misuse of the service we may change your password and then we will notify you that we have done this; and/or suspend username and password access to the service (please also see paragraph 16).
7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.
7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
8. Things we may have to do
(a) We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension.
(b) We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can. The technical specification will only be changed where this will not materially affect the performance of the service.
(c) We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
9. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
What we need you to do
10. Paying our charges
10.1 You must pay the charges for the services that are set out at the time that the service is activated. This price list is part of this contract.
10.2 We will begin charging you for the service on the date that the service is activated and available for you to use. Where you are installing equipment we provide or a third party provides to you which is necessary to receive the service, we will advise you of the date the service will be activated. In all other cases, the service will be activated once we have installed such equipment.
10.3 You will have to pay the charges within 14 days of the date of our invoice via Direct Debit. We may charge daily interest on late payments at a rate equal to 4% per annum above the base lending rate of HSBC Bank plc.
10.4 You acknowledge that you may be subject to our credit management procedures and that we may, at any time, require you to pay a deposit or provide a guarantee as security for payment of future bills.
11. Use of the service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in any way which in our opinion is, or is likely to be, detrimental to the provision of the service to you or any of our customers;
(f) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at www.abuse-guidance.com as may be amended from time to time; or
(g) in a way that does not comply with any instructions that we have given you;
The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.
11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
Other uses of the service
12. When we provide you with content
12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.
12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.
13. Your web site
13.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).
13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
14. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws.
We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.
If things go wrong
15. If you break this contract
Either of us can end this contract immediately on notice at any time if the other:
(a) commits a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so;
(b) commits a material breach of this contract which cannot be remedied;
(c) is repeatedly in breach of this contract; or
(d) is the subject of bankruptcy or insolvency proceedings, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of their assets, or they go into liquidation.
16. Suspension of the service
16.1 Instead of terminating the service under paragraph 15 we can choose to suspend the service. If we do this we can still end this contract at a later date. If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither have ended this contract) when you satisfy us that you will only use the service as we have agreed.
16.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.
17. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
18. Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.
18.2 We have no liability (whether in negligence or otherwise) for any indirect or consequential loss, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
18.3 Any liability we have of any sort (including liability for negligence) is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication goods or services or for faults in or failures of their networks and equipment.
18.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.
Ending this contract
19. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but:
(a) if we have already installed our equipment at your premises you must pay our installation charge and
(b) if you have purchased or been provided equipment necessary to receive the service from us, you must return such equipment to us (at our request) and we will then refund you for any payment received from you for such equipment (if applicable).
Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
20. After the service has been activated
This contract can be ended by:
20.1 either of us giving 90 days notice to the other;
20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the first 36 months from the date that the service is activated and available for you to use you must pay all charges payable for any remaining period of that 36 months.
20.3 If you have paid any charges for a period after the end of this contract beyond the 36 months referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.
21. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 28 days notice of any changes before they take effect.
22. How this contract can be transferred
Neither of us can transfer this contract except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
23. How to give notice
23.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: if you are a company at your registered address, or at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
23.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
25. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
26. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
27. Fair Usage Allowance
A Fair Usage Policy applies to all our Fibre Broadband circuits and data downloaded in excess of these limits is charged at £1.50 per Gb.