Our Contract with you
1. The service
2. When does our contract with you start
8. Making sure the service is secure
10. Repairing faults in the service
What we need you to do
Other uses of the service
13. When we provide you with content
14. Your web site
15. Local Area Network (LAN) access
If things go wrong
17. If you break this contract
19. Matters beyond our reasonable control
Ending this Contract
21. Before the service has been activated
22. After the service has been activated
Other things we need to tell you
23. How this contract can be changed
24. How this contract can be transferred
26. Waiver
28. The law that relates to this contract
29. The Internet Business Pack
Our contract with you
The service gives you high-speed network access to the internet, a range of internet services and applications as described at www.btopenworld.com/satellite and will be provided to you at the premises we agree with you (your premises).
2 When does our contract with you start
After you sign up for the service, you will be contacted by telephone to complete your order and you will arrange a date for a BT Installer to visit your premises. As well as signing up for the service, you will also need to either a) place an order to purchase the Customer Premises Equipment ("the Equipment"); b) complete and application for contract hire of the CPE. The Equipment is subject to separate terms and conditions which can be found at www.bt.com/terms/pdfs/bt004.pdf for purchases and will be enclosed with your contract for contract hire. The Installer will install and test the Equipment at your premises and will access an account activation page. When the Installer has done so this contract (as set out in these terms and conditions) will start.
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
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a radio site clearance application with Radiocommunications Agency; and
(b) if applicable, wait until you have obtained Planning Permission, and confirmed to us that you have obtained Planning Permission; and
(c) successfully install the Equipment and activate the service; and
(d) ensure that the antenna at your premises can be installed with an unobstructed path between it and the Satellite. This will only be possible at the time of Installation.
(e) if applicable, confirm that you have successfully applied for the contract hire of the Equipment.
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 you are refused planning permission you must inform us. Making the payment for an application for planning permission is the responsibility of the customer.
4.2 We will require access to your premises to install the Equipment and we may give you some advice on preparing your premises. As a minimum, you will need to provide a suitable location for the Equipment and allow installation of the Equipment listed below:
(a) Satellite dish on a wall, roof or ground;
(b) the indoor unit;
(c) a connecting cable or cables between the dish and indoor unit;
(d) driver software on your computer;
All Equipment required by you prior to installation is listed at:
4.3 You may require planning permission, and if so you will need to make an application to your local planning office. This applies both to equipment purchased or obtained through contract hire. We will be able to give you guidelines as to whether or not planning permission may be required for your premises, but you understand, that BT takes no responsibility for determining whether or not you need to make an application. You will be responsible for the cost of your application for planning permission.
4.4 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.
4.5 When Equipment is being installed at your premises the Installer may require to make one or more telephone calls using your telephone service. You will need to permit the Installer to make these calls. The service will not affect your telephone service.
4.6 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.
4.7 Although we will use our reasonable efforts to install the service by the date that we agree with you,all dates are estimates and we cannot guarantee that we will meet them.
We may accept instructions regarding the service from someone we are satisfied has your authority.
6.1 So that the service remains safe and secure, the Equipment connected to or used with the service must be used in accordance with all relevant instructions and safety and security procedures.
6.2 If you damage or lose the Equipment, you will be responsible for replacement or repair.
We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades ). 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.
8 Making sure the service is secure
8.1 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.
8.2 To ensure that the service remains secure, you must not change or attempt to change a username.
8.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) 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 18).
8.4 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.
8.5 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.
9.1 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.
9.2 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.
9.3 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.
10 Repairing faults in the service.
10.1 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.
10.2 If there is a fault with the service or you forget a password you should contact the help desk. Details of how to contact the help desk are in your welcome pack.
10.3 Sometimes we may monitor or record calls to or from the help desk for training or to improve the quality of our customer service.
What we need you to do.
11.1 You must pay the charges for the service that are set out in the price list located at www.btopenworld.com/satellite This price list is part of this contract.
11.2 We will begin charging you for the service on the date that the service is activated and available for you to use.
11.3 You will have to pay the charges within 28 days of the date of our invoice. 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.
11.4 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.
11.5 In the event that the Equipment has to be removed from your premises because you have not received planning permission we may charge you a fee for the removal which will have to be carried out by a BT Installer.
12.1 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 or our Fair Share Policy located at www.btopenworld.com/satellite/fair_share.html 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 17 and 18.
12.2 If we think that your use of the service may:
(i) impair the security of the system and/or the network used to provide the service; or
(ii) cause detrimental performance of the service to you or any other customer;
we may suspend your access to the service. Suspension is further explained in paragraphs 17 and 18. If possible, we will give you prior notice if we do suspend your service.
12.3 Where we provide you with email facilities, web hosting or other services that involve us providing storage space on our systems, we may impose limits (which we may vary from time to time) on the storage space we provide to you in order to ensure the quality of the service to you and other users. These limits may relate to the physical amount of web-space or the number of mailboxes made available to you, email messages that can be stored and/or the size of any attachments you can send. We may reject or delete material that exceeds the relevant limit.
12.4 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 as documented in the troubleshooting and manual configuration guide on your CD-ROM supplied by the Installer with your service Welcome Pack. and you must not attempt to circumvent any security measures in the service.
12.5 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.
12.6 We manage the integrity of our network to ensure that a quality service is provided at all times to the majority of our users which means that we may need to reduce the bandwidth made available to some users during peak usage times.
Other uses of the service
13 When we provide you with content.
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 There will be a charge for some of our 'premium' content. Your particular service may have a limit for the amount of premium content you can access and if you exceed this limit, we may bar your access. You can increase your limit by contacting the help desk (see paragraph 10.2).
14.1 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).
14.2 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.
15 Local Area Network (LAN) access
15.1 If you have a BTopenworld Business Satellite 500/4 account and access the service via a LAN, you are responsible for:
(a) providing and maintaining a suitable LAN and internet protocol (IP) hub, switch or router capable of interfacing satisfactorily with the service;
(b) configuring the IP router; and
(c) appointing a system administrator, who will be our point of contact for matters relating to the service.
15.2 We are not responsible under this Contract for providing any technical or other support to your LAN. The IP addresses that are allocated to you are for use in connection only with the service and all rights in those IP addresses belong to us. You must not sell them or agree to transfer them to anyone else or try to do so. If this contract is terminated for any reason the IP addresses will revert to us.
15.3 If you or anyone else interferes with or alters the settings of the Satellite Equipment, we may suspend your access to the service as explained in paragraphs 17 and 18. In addition, we reserve the right to charge you if you do any of these things as we may incur costs.
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
17.1 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.
18.1. Instead of terminating the service under paragraph 17 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.
18.2 If we decide to suspend the service under paragraph 18.1, this contract will continue during the period of suspension and you will have to pay all relevant charges.
18.3 If you do not use your email account for a period of ninety days or more, we may suspend your email account after giving you 14 days' notice. If we do suspend your email account we may:
(a) delete all emails in your email account;
(b) reject all emails sent to your email account and notify the sender that your email account is inactive; and
(c) cancel all email functionality provided to you as part of the service.
We will restore your email account if you use it at any time after suspension. We may terminate your email account without notice if you do not access it for 12 months.
19 Matters beyond our reasonable control
19.1 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.
19.2 Because the service is a radio service, it may be adversely affected by heavy rain or snow, the sun passing behind the Satellite, radio interference from Satellite, airborne or terrestrial sources. Physical obstructions in front of the dish can also cause loss of service and you will have to ensure than you keep the dish free from such obstructions.
20.1 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 20.2 or 20.3 or in any other way.
20.2 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.
20.3 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.
20.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and Equipment.
20.5 Each provision of this paragraph 20 operates separately in itself and survives independently of the others.
Ending this contract
21 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 if we have already installed our Equipment at your premises you must pay our installation charge which is listed at www.btopenworld.com/satellite
Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 22, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
22 After the service has been activated
22.1 This contract can be ended by:
(a) us giving one month's notice to you; or
(b) you giving us seven days notice if under paragraph 23 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
22.2 If you give us notice that ends, or we end this contract under paragraph 17, during the first 12 months from the date that the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for any remaining period of that 12 months.
22.3 If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph 22.2, we will either repay these charges or put them towards any money you owe us.
Other things we need to tell you
23 How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days' notice of any changes before they take effect. As explained in paragraph 22, you can end this contract if we increase our charges or change the conditions of this contract to your detriment by giving seven days' notice to us.
24 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).
25.1 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.
25.2 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.
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.
28 The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
As part of the service, you receive a majority of the features of the Internet Business Pack, so the Internet Business Pack terms and conditions at http://www.btopenworld.com/business/static/ibp_terms.html also apply. The Internet Business Pack features which are included as part of your service are described at www.btopenworld.com/satellite.
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