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Terms & Conditions
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These terms and conditions should be read in conjunction with our Acceptable Use Policy, and Privacy Policy. By use of our services you agree to be bound by these terms and conditions. Please read these terms and conditions carefully, and be sure that you understand them.
- The Order
- These terms and conditions apply to your Order.
- Webspeed reserves the right not to accept Orders at its discretion.
- Services are provided in accordance with each Order.
- Activating the service
- Before being able to activate the Service, Webspeed will:
- verify that your premises are in an area in which the Service is available; and
- carry out a line test
- Occasionally it will not be possible to establish whether a Service can be activated until after the Service is installed at your premises.
- If a Service cannot be activated Webspeed will notify you as soon as possible and this Agreement will be cancelled and any charges made will be repaid to you. Webspeed may propose an alternative service (e.g. a lower bandwidth line). If you prefer to accept the alternative instead of cancellation you will need to confirm that within 5 days.
- Webspeed will use its reasonable endeavours to provide the Service within 15 Business Days of the date of Order acceptance by Webspeed.
- If Webspeed is unable to activate the Service due to your act or omission or due to incorrect information being provided by you, Webspeed reserves the right to charge you a failed connection fee of £30.
- Occasionally, visits to your premises will be required. These visits are sometimes carried out by BT. Webspeed will liase with you to arrange the timing of these appointments. It is also possible that BT may contact you directly in relation to the appointment.
- During activation of the Service you may temporarily lose the use of your other telecommunications services.
- If you require a static IP address you will need to specify this in your Order. If you do not specify this requirement you will receive either a dynamic or a static IP address at our discretion.
- Provision of the service
- Webspeed will provide the Service using the reasonable skill and care of a competent telecommunications service provider.
- Webspeed may from time to time make changes to its Network or the technical specification of a Service; if these changes will detrimentally affect the Service, Webspeed will inform you in advance.
- It is technically impracticable for Webspeed to provide a fault free Service and Webspeed does not warrant or undertake to do so.
- Commencement and term
- Your contract will be subject to a minimum term of 12 months during which you will be required to pay Webspeed a monthly recurring fee
- Webspeed reserves the right to change or amend the recurring fee after the initial period of 12 months.
- No contract is made until Webspeed has accepted your order. Webspeed may reject an order at its discretion, without giving reasons.
- Following activation, the Service shall continue to be provided for the period set out in the product description and confirmed in your order confirmation (the "Initial Term") subject to you ensuring that your allocated telephone line is activated at all times. If your telephone line is disconnected for any reason you may have to pay additional charges for re-activation of the Service once your telephone line is reactivated. The terms of clause 4.2 above apply to the reactivation of the Service. In some cases it may not be possible to reactivate the Service once your telephone line is reactivated in which case this Agreement will be cancelled and you will be charged for the remainder of the Initial Term if applicable.
- If you cancel this Agreement for any other reason during the Initial Term you will be charged for the remainder of the Initial Term. After the Initial Term either of us may cancel the Service. Cancellation requires thirty (30) days prior written notice, such notice to take effect at the end of the Initial Term or the same day in any subsequent month.
- Modem connection
- You shall ensure that any modem or router connected to a Service is connected to and used with the Service in accordance with the published instructions and any safety and security procedures notified to you.
- Unless you have purchased your modem from Webspeed, Webspeed makes no warranty that the Service will interoperate properly with your modem or router.
- The equipment is guaranteed by the manufacturer in accordance with the documentation provided with the equipment for a period of 12 months from the date of delivery but should the goods have been misused, tampered with or if you have attempted a repair without Webspeed’s consent, this guarantee is nullified. You should be aware that the manufacturer may replace, repair or if payment has been made specifically for the equipment, refund payment and that neither Webspeed nor the manufacturer will accept responsibility for equipments that have been the subject of undue wear and tear, misuse, improper application or neglect. Webspeed offers no other guarantee in respect of the equipment unless set out in these terms. You will be required to bear the cost of any return to Webspeed or the manufacturer unless otherwise informed in writing.
- Where it is found that a modem or router supplied by Webspeed has been tampered with or settings altered and reconfiguration is required, a service charge may be payable before repairs will be made.
- Webspeed offers routers and modems that have been preconfigured and tested on our Network and which we believe are compatible with our Network.
- Webspeed has tested all equipment supplied by webspeed with its service but cannot guarantee that the modem will be compatible with other equipment that you may wish to connect to the equipment. You may have to purchase a different product in the event that the modem ordered is not compatible with your other equipment.
- Should you have reason to return your modem, please see Modem Returns Policy below.
- Use of services
- You shall not use the Service:
- in connection with the carrying out of any fraudulent, criminal, or any other illegal activity;
- 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;
- to cause annoyance or needless anxiety;
- to send, provide or knowingly receive responses to any spam or unsolicited advertising or promotional material;
- to knowingly or recklessly transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by Webspeed or other Internet users;
- in a manner which restricts or inhibits any other user from using or enjoying Webspeed’s products or services;
- to utilise excessive amounts of bandwidth (for example by connecting for an excessive amount of time; repeatedly engaging site-local scripts or similar behaviour);
- in breach of any reasonable instructions given by Webspeed;
- Webspeed shall have the right to examine, from time to time, the use to which you put the Services and the nature of the data/information that you are transmitting or receiving via the Service where such examination is necessary: (i) to protect and/or safeguard the integrity, operation and functionality of Webspeed, the Webspeed (and neighbouring) networks; or (ii) to comply with police, judicial, regulatory or governmental orders, notices, directives or requests.
- Service suspension / alteration
- Webspeed may suspend the provision of the Service or any part thereof, and/or disconnect your facilities from our Network if and to the extent that:
- Webspeed has reasonable grounds to believe that the Services are being used in breach of Clause 6; or
- your use of the Network may damage or disrupt the proper functioning of the Network; or
- temporarily, for operational or technical reasons.
- Webspeed shall give you as much notice of a suspension under Clause 7.1 as is reasonably practicable in the relevant circumstances.
- Webspeed shall be entitled to terminate or modify the Service, without any liability whatsoever, if any licence or authorisation which Webspeed requires in order to provide the Service is not obtained, withdrawn or otherwise cancelled; in the event of a modification that is detrimental to the Service, you shall have the right to terminate this Agreement with immediate effect.
- Charges and credit terms
- Webspeed will invoice you your activation charge and the first 3 months recurring charges on receipt of your order for payment before activation of your services. A shipping charge will be made on any equipment ordered. A signature will be required on delivery to the address given.
- Prices shown are exclusive of VAT.
- You agree that thereafter, the recurring charges for the Services shall accrue daily and Webspeed will invoice you quarterly in advance.
- All amounts due under this Agreement to be paid by you to Webspeed shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against Webspeed in order to justify withholding payment of any such amount in whole or in part.
- Webspeed will levy an administration charge of £5.00 on any over due accounts.
- Webspeed may charge interest on any overdue amounts payable from the due date until payment (whether before or after judgement) at the rate of 4 percent per annum, above the base rate of HSBC plc from time to time.
- If you are at any time in violation of your obligations to make payments to Webspeed and remain in violation after seventy-two (72) hours of written notice by Webspeed, then Webspeed may suspend the provision of Services and the performance of its associated obligations forthwith without prejudice to Webspeed’s rights under this Order, including its rights to payment. Notwithstanding any other provision of this Agreement, Webspeed shall have no liability to you for any loss or damages you suffer as a consequence of such suspension.
- Termination
- Webspeed may terminate this Agreement by notice, such notice to take effect forthwith:
- If you have not paid following suspension under clause 8.7’;
- if you have committed a material breach of this Agreement;
- if a petition is presented or any order is made or any notice is issued covering a meeting for the purpose of passing a resolution for your bankruptcy or you become bankrupt or enter into any deed of arrangement with your creditors generally;
- if you are an individual, you are declared bankrupt or die. ;
- You may terminate an Order if the Service to be delivered under that Order is not delivered within 42 business days of the "customer ready date" notified to you, provided that such failure is not due to your act or omission and such termination occurs prior to delivery of the Service.
- The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either of us accruing up to such date.
- Data protection
- Webspeed shall be entitled to store and process Personal Data provided on the Order form for its internal use and for the purposes of providing the Service.
- From time to time Webspeed will contact you about future Webspeed products and services. If you do not wish us to contact you please tell us.
- Disclaimer of warranties
- THE SERVICE WILL BE PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WEBSPEED 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, WEBSPEED DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOU ACCEPT ALL RISKS AND LIABILITIES ASSOCIATED WITH YOUR USE OF THE SERVICE.
- Liability and indemnity
- Nothing in this Agreement shall serve to limit Webspeed’s liability in respect of death or personal injury caused by or arising from Webspeed’s negligence or for liability arising out of or in connection with fraud or fraudulent misrepresentation.
- Webspeed’s maximum aggregate liability to you in contract, tort (including negligence or breach of statutory duty) or otherwise arising in connection with this Agreement, shall be limited to the aggregate amount paid by you to Webspeed.
- Webspeed shall not in any event be liable to you in contract, tort (including negligence) or for breach of statutory duty or in any other way for any indirect or consequential losses or for any loss of goodwill or reputation, loss of revenues, profits, contracts, business or anticipated savings.
- General terms
- If any provision of this Agreement is held by a court, arbitrator or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable.
- Webspeed shall not be liable for any delay or failure in performance of its obligations to the extent that such delay or failure is attributable to matters beyond its reasonable control.
- Webspeed may assign the benefit or burden of this Agreement upon notice to you.
- Webspeed’s failure to exercise or enforce or any delay in exercising or enforcing any right or benefit conferred by this Agreement shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
- Governing law
- This Agreement shall be governed and construed in accordance with English law, and the Parties irrevocably agree to the non-exclusive jurisdiction of the English courts.
- Your right to cancel
- You may cancel your Order within seven working days after the date of Order confirmation by Webspeed by sending either written notice of cancellation to Webspeed at the address below, or emailing us at orders@Webspeed.net quoting your order reference number (your surname followed by your PostCode eg SmithTN161UB). We will refund you any Charges made in relation to the Order.
- If you cancel the Order after the seven working days after the date of Order confirmation by Webspeed but before the activation of the Services, you agree that Webspeed reserves the right to charge you the Activation Charges and one (1) month(s) of the Recurring Charges as laid out in the relevant Order.
- Complaints and dispute resolution
- Webspeed is committed to deliver a quality services. If you have a complaint about any of our Services, please submit your complaint in writing to complaints@webspeed.net and we will endeavor to resolve any complaint to your satisfaction as soon as is possible.
- We will reply to all complaints within 7 working days of receipt and will provide a full explanation or an update on progress as appropriate. If our investigation of a complaint takes more than 7 working days, we will keep you informed about progress. You will be given a named contact who will be responsible for your complaint and this named contact will provide updates on progress.
- Modem returns policy
- Our returns policy is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
- If you have purchased the hardware for your personal use, an order for hardware may be cancelled by notice in writing sent within the first 7 working days of your order beginning with the day after the day on which you receive the hardware. Notice must be emailed to orders@Webspeed.net.
- On receipt of notice by email, Webspeed will send you a Returns Form and number. Webspeed will not accept any returns without a Returns Number.
- We will provide a full product refund including VAT within 30 days of your notice provided that the hardware (including all packaging, cables, manuals, CD’s etc for that product) must be received in as new condition with all seals intact and the product unused. If any item(s) are missing when received then the product is deemed incomplete and will be returned to you and you will not be refunded any amounts paid for the product.
- Carriage costs for dispatch and returning the hardware are your responsibility. Webspeed shall however refund your initial shipping charge assuming compliance with the above terms. The hardware remains your responsibility during transit and until signed for by us.
- All hardware must be returned within 14 days of delivery in order for this policy to apply. If there is a question you would like to ask, please email orders@webspeed.net.
- Warranty & returns policy
- If any equipment ordered from Webspeed is found to be faulty on arrival please notify us immediately. We will provide technical support to determine the problem. If the item needs to be repaired or replaced it must be returned to us. Once received we will either repair it or replace it and ship it back to you at no charge. Refunds will not be given unless we are unable to repair or replace the item.
- If the item is damaged in shipping or if it appears that the item has been damaged due to mishandling during shipping then please notify us immediately. Please return the item with its packaging. We will place a claim with the shipping carrier.
- Equipment to be returned under warranty will not be accepted without prior authorisation and a Return Number. The hardware remains your responsibility during transit and until signed for by us.
- Damage or loss caused by power surges, natural events such as flooding and lightening strike, accidental or deliberate misuse and abuse are not covered under manufacturer's warranties. Please see our Modem/router Cover Policy.
- Remote Backup
- Webspeed agrees to offer to provide an initial full backup of the your computer(s) DATA FILES ONLY, NO PROGRAM FILES, and then provide partial backups of the your DATA FILES ONLY, NO PROGRAM FILES, when initiated by you. We will store these data files for you for at least one (1) year.
- You are responsible for the security and proper use of your password and encryption key and must take all necessary steps to ensure that your password and encryption key are kept confidential, used properly and not disclosed or used by unauthorised people.
- Webspeed agrees to provide you with software to be used in conjunction with a remote backup service provided by Webspeed. Each software license remains the property of Webspeed and is valid only for so long as you actually use and pay for the Service provided by Webspeed. At no time and under no circumstances do you acquire an ownership interest in the client software.
- Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- You are responsible for the consequences of any use of the Service. Webspeed will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if Webspeed has been advised of their possibility.
- Under no circumstances will Webspeed be liable for data that was never sent by you, using the service, to our backup server. You are therefore advised to check to ensure that the desired files have been transmitted.
- Remote Backup fees are based on the total amount of disk space used on our servers - not the size of the data on your computers.
- The license provided for this Service expires upon the earlier to occur of the following: (i) Webspeed receives actual notice from you that you wish to cancel the Service, or (ii) you have failed to pay service charges due under section 8.
- If you terminate your service with Webspeed prior to the expiry of this period, otherwise than by reason of any breach of this Agreement on the part of Webspeed, you will be liable to make a one-off payment for the length of time remaining under the agreement calculated on the banding rate applicable to your highest rate of usage of the service.
- At the end of the Subscription Period, the License will automatically renew for a further equal period unless otherwise agreed to by Webspeed in writing at least 30 days prior to the end of the Period.
- Webspeed will remove and destroy all of your data backed during the use of the service 30 days after the termination date of this agreement.
- Web hosting
- Webspeed reserves the right to suspend or cancel a customer's access to any or all services provided by Webspeed when Webspeed decides that the account has been inappropriately used.
- Inappropriate use includes those set out in our Acceptable Use Policy.
- Domain names & internet protocol addresses
- The Customer confirms and warrants that it is the owner of, or that the Customer has been and is duly authorised by the owner to use, any trade mark or name requested or allocated as its domain name.
- The Customer acknowledges that Webspeed cannot guarantee that any domain name the Customer requests will be available or approved for use.
- Webspeed has the right to require the Customer to select a replacement domain name and may suspend the relevant service associated with the domain name if, in the opinion of Webspeed , there are reasonable grounds for Webspeed to believe Customer's current choice of domain name is, or is likely to be, in breach of the provisions of this Agreement and law.
- If the Service includes the registration of an Internet domain name the Customer acknowledges and agrees that:
- Webspeed does not represent, warrant or guarantee that any domain name applied for by the Customer or on its behalf will be registered in its requested name or is capable of being registered by it or that the use of such domain name by it will not infringe any third party rights. Accordingly, the Customer should take no action in respect of its requested domain name(s) until it has been notified that its requested domain name has been duly registered and Webspeed will not be liable for any such action taken by the Customer.
- The registration of the domain name and its ongoing use by the Customer is subject to the relevant naming authority's terms and conditions of use and the Customer undertakes to Webspeed that it will comply with such terms and conditions. The Customer hereby irrevocably waives any claims it may have against Webspeed in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, the Customer acknowledges and agrees that any administration or other charge paid by the Customer in respect of the registration of the domain name is non-refundable in any event.
- Webspeed accepts no responsibility in respect of the use of a domain name by the Customer and any dispute between the Customer and any other individual or organisation regarding a domain name must be resolved between the parties concerned and Webspeed will take no part in any such dispute. Webspeed reserves the right on becoming aware of such a dispute concerning a domain name at its sole discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name and/or to make such representations to the relevant naming authority as it deems appropriate.
- Any Internet Protocol address allocated by Webspeed to the Customer shall at all times remain the sole property of Webspeed and the Customer will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, the Customer's licence to use the Internet Protocol address shall automatically terminate and thereafter it will not use such address.
- Force majeure
- We are not liable to you for any failure to perform our obligations due to circumstances outside our control.
Definitions
"activation" occurs when you are able to use the relevant Service;
"Activation Charges" means those amounts payable by you to Webspeed for the connection and activation of a Service as set out in the Order;
"Agreement" means these terms and conditions together with the Order;
"Webspeed" means Webspeed a BANIFTEC LIMITED incorporated in England under number XXXXXX, whose registered office is at c/o XXXXXXXXXXX.
"Charges" means the Activation Charges and the Recurring Charges;
"Modem" means the device to be installed at your premises between the Service and your local infrastructure and includes the DSL modems, router and Line Filters;
"Network" means the Webspeed’s DSL network;
"Order" mean a purchase order for the Services provided by Webspeed;
"Recurring Charges" means those amounts payable by you to Webspeed on a recurring monthly basis for provision of the Services as set out in the Order; and
"Service(s)" means the Service described in the relevant Order.
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