- “Act” means the Telecommunication Act 1984 and amendments to that Act that may be made from time to time.
- “Acceptable Use Policies” means the policies set out on our Web site relating to the use of the Services, as modified or amended from time to time.
- “Account” means your account with us for provision of the services.
- “ADSL” means Broadband Services delivered over the copper wire telephone network. ADSL includes both ADSL and ADSL2+.
- “Broadband Services” means the ADSL, FTTC, Gfast or FTTP services provided to you in accordance with these Terms and Conditions.
- “Business Customer” means a Customer who uses the Services and/or Equipment in the course of any trade or business.
- “Charge” means the charges payable by you in return for the Services and/or Equipment in accordance with 19.
- “Company” means Structured Communications (Company Registration Number 7667451) of Unit 8 Foundry Court, Foundry Lane, Horsham, West Sussex, RH13 5PY and is inclusive of Ghost Gaming Broadband.
- “Customer” means the person, group of persons or other entity whose name and address is or are set out in the Order or the Sales Order form.
- “Customer Order” means the Order for the Supply of Services and/or Equipment by us, completed by, or in accordance with an order from, you.
- “Equipment” means the equipment specified in the Order or the Sales Order form.
- “Broadband and Phone Services/Package” means ADSL or FTTC or Gfast Services and the Phone Services.
- “Broadband Services” means one or more of the broadband options, ADSL, FTTC, Gfast and FTTP.
- “FTTC Service” means Fibre to the Cabinet Service which provides a fibre optic connection to the Internet from the telephone exchange to your local street cabinet and a copper connection from the street cabinet to your Premises.
- “FTTP Service” means the Fibre to the Premises Service which provides an end-to-end fibre optic connection to the Internet from the telephone exchange to your Premises.
- “Gfast” means the Fibre to the Cabinet Service which provides a fibre optic connection to the Internet from the telephone exchange to your local street cabinet and a copper connection from the street cabinet to your Premises, with a technology capable of faster speeds than FTTC.
- “Insolvency” means in relation to you, the appointment of any nominee, trustee, supervisor, administrator, administrative receiver, receiver or liquidator pursuant to the Insolvency Act 1986 (as modified, amended or replaced with its creditors or if it commits any act of bankruptcy; or if an order is made or effective resolution is passed for its winding up (except for the purposes of amalgamation or reconstruction of a solvent company); or the occurrence or sufferance of anything equivalent under any jurisdiction other than England and Wales and “Insolvent” shall be construed accordingly.
- “Law” means the law of England and Wales, in force from time to time and shall include (without prejudice to generality of the foregoing) all criminal law, laws relating to intellectual property and all laws, rules and/or regulations relating to the publication or transmission of information or data in electronic form. References to “Law shall be construed accordingly.
- “Minimum Cancellation Notice Period” means the minimum period you must give us to terminate a specific Service or this Agreement, as set out in these Terms and Conditions.
- “Minimum Service Period” means the Minimum Service Period as set out in clause 4 of these Terms and Conditions.
- “Name” means any name specifically requested by or allocated to you for the provision of the Services and includes any User Name, Internet domain name or electronic mailbox name.
- “Network Connection” means an Internet access service for use by multiple machines.
- “Order” means the order for the supply by us of the Services and/or Equipment and which is completed by, or in accordance with an order from you.
- “Password” means any password issued by us to the Customer in connection with the broadband and/or phone services.
- “Phone Service” means the Structured Communications Home Phone or Business Phone services provided by us in accordance with this Agreement.
- “Premises” means locations, sites, buildings or dwellings that are individually identifiable and separately registered for council tax or business rates payable to local councils in the United Kingdom, but excludes non-serviced premises (unless expressly agreed by us in writing).
- “Price List” means our price list relating to the Services and/or Equipment set out on our Web site, as amended from time to time.
- “Residential” means a property designed for people to live in and where the use of service is to be used for personal use.
- “SC” means Structured Communications Limited.
- “Service Period” means the period of an individual Service provided in accordance with this agreement.
- “Service” means a service provided by us to enable you to gain access to the Internet (and other Services and facilities provided by us in connection with that service as described at https://www.structuredcommunications.co.uk, as are specified on the Customer Order, and described in our literature at the date of completion of the Customer Order together with all Services and/or facilities referred to in any Specific Terms and Conditions. References to “Services shall be construed accordingly.
- “Termination” means the permanent discontinuing or ceasing of a Service, contract, account or otherwise by us. Termination may also be referred to as ‘cease’ or ‘ceasing.’
- “Us or “we” means The Company, and references to “our shall be construed accordingly.
- “User Name” means any user name allocated to you for access to the Services.
- “You” means the Customer, and references to “your” shall be construed accordingly.
- “Web site” means the Web site at https://www.structuredcommunications.co.uk, and references to “our Web site” shall be construed accordingly.
1. THE SERVICES
- We will provide you with the Services and any Equipment, at the residential or business location specified in your Order form, subject to the Terms of this Agreement.
- You can place an Order for Services and/or Equipment by;
- We are not obligated to provide Services and/or Equipment to you unless and until;
- We have sent written confirmation to you of our acceptance of the Order; and
- We have received all initial charges in respect to Services and/or Equipment.
- Prior to accepting your Order, we need to be sure we can provide you with the Services you have Ordered. We do this by;
- Determining that the Services Ordered are enabled in your area.
- Completing the installation of the Services Ordered.
2. USE OF THE SERVICE
- You are responsible for the safe custody and use of the Service and any related Equipment after installation of the Service. In addition, you agree and undertake;
- To use the Service in accordance with such Conditions as may be notified in writing by us from time to time.
- Not to cause any attachments other than those approved for connections under law to be connected to the Service.
- Not to contravene law or any other relevant regulations or licenses.
- Not to use the Service and will ensure that no other persons use the Service as a means of communication for a purpose other than that for which the Service is provided.
- To immediately notify us if you, or someone else, has/is used/using the Service other than its intended purpose.
- To immediately notify us if you have reason to believe that your User Name and/or Password have been compromised.
- Not to use the Service for transmission of any material or message which is intended to be a hoax call to emergency services or is of a defamatory, offensive, abusive, obscene or menacing nature.
- Not to use the Service to perform or allow anyone else to perform broadcasting, filtering translation, vectoring, routing, unauthorized IP or Port multicasting, or spoofing.
- Not to use the Service in a manner which constitutes a violation of infringement of the rights of any other party nor to make, intend or attempt to make fraudulent use of the Service, including, but not limited to, using the Service to transmit any message or code, locate a person, or give or obtain information without payment for the Service or use or attempt to use the Service with the intent to avoid payment, in whole or in part, of any Charges by any means or device.
- To maintain your Telecommunications apparatus at all times during the period of the Agreement in good working order and conforming with the relevant standard or approval currently designated under section 22 of the Act.
- You may use the Services to link to other networks world-wide, if you comply, at all times, with any policies and/or terms and conditions imposed by the operators of such other networks.
- You understand that you are responsible for obtaining any licenses and/or permits which are necessary for connecting to, and accessing, the Services.
- You understand that we may, at any time, scan any IP address allocated to you for anything which may affect the security of the Services (including open relays and/or open proxies or equivalent).
- You are responsible for all use of the Services and (unless we have agreed to supply as part of the Equipment) for providing a computer, modem, and all additional Equipment and/or Services, including, but not limited to, a telephone line, if required.
- To provide us with all information reasonably requested relating to your Telecommunications apparatus. You agree to provide us with all information relevant to us providing the Services and performing all our obligations under this Agreement.
- You indemnify us against all liabilities, claims, damages, losses and expenses arising directly from any breach of the undertakings contained in Use of Service Clause 1.
- An Openreach Telephone Line is required for the provision of ADSL, FTTC and Gfast Services and must remain active throughout the Service Period. In the event the telephone line is cancelled or ceases to be active, your Broadband Service will be terminated, and any remaining Charges will be immediately due and payable.
- Residential Line Rental and Usage
- The Phone Services are provided for household use and must only be used as would be reasonably expected of someone, or someone and their household members, using the Phone Services for domestic purposes.
- Should your use of the Unlimited Call Package exceed the expected usage for domestic purposes we may:
- Restrict, suspend or cease Services; and/or
- Charge the standard rate for the calls determined by us to be excessive.
- Business Line Rental and Usage
- The Phone Services are provided for business use and must only be used as would be reasonably expected of someone using the Phone Services for business purposes.
- Should your use of the Unlimited Call Package exceed the expected usage for business purposes we may:
- Restrict, suspend or cease Services; and/or
- Charge the standard rate for the calls determined by us to be excessive.
- Should you break the Agreement, we may implement one or more of the following:
- Cease the use of the Services in whole or in part;
- Suspend or Terminate the Agreement and/or Services without notice or refund; or
- Make an additional Charge.
- The Minimum Service Term begins the day the services have been made available to you for use. The Agreement will come into full force and effect from the date of acceptance by us and will continue until;
- Terminated at once with us giving notice of a breach by you of any of your obligations under this Agreement that can be, and are not, remedied within seven days of such notice.
- Terminated at once on us giving notice of any material breach by the you.
- Services will be installed and/or activated as soon as possible after the Order was placed.
- The Agreement will come into full force and effect from the date of acceptance by us and will continue until either:
- Determined by either party giving to the other, no less than 30 days prior written notice based on the completion of the Minimum Service Period with the exception of Lease Line(s) and where terminated or suspended in accordance with this Agreement.
- Lease Lines have a notice period of no less than 90 days prior written notice based on the completion of the Minimum Service Period for.
- Determined by either party giving to the other, no less than 30 days prior written notice based on the completion of the Minimum Service Period with the exception of Lease Line(s) and where terminated or suspended in accordance with this Agreement.
- Upon the completion of the Service Period;
- You will have the option to sign into a new Minimum Service Period and all parties are held to the obligations of this Contract, or;
- The Services will remain active on a 30-day Term based on a 30-day notice period with the exception of Lease Lines which remain active on a 90-day Term based on a 90-day notice period and all parties are held to the obligations of this Contract.
5. BROADBAND PRODUCT REGRADES
- Regrades from ADSL to FTTC, ADSL to Gfast, or FTTC to Gfast are available upon request and are subject to availability on the Openreach network.
- An upgrade Charge will be applied and you may need to purchase a router compatible with the new Service.
- Processing of the upgrade lead times are varied.
- Where a new Contract is specified, the Minimum Service Period is 12-months.
- Should you choose to regrade to FTTP, a New Minimum Service Period is required, and early termination charges will apply if you are within your Minimum Service Period.
6. BROADBAND AND PHONE PACKAGE
- Where you have purchased Broadband and Phone Package were a new line is to be installed the Minimum Service Period begins the date the Broadband is activated.
- If you wish to convert your existing Broadband Services to a Broadband and Phone package the following applies;
- A new Minimum Contract Term will begin on the date the phone line is transferred from your existing provider.
- A fee may be applied to transfer the phone line from your existing provider.
- Where we are supplying Equipment to you as part of the Service, any specified delivery date will be treated as an estimate only and will not be a Term of this Agreement. We accept no liability for failure to meet the delivery date.
- All Equipment purchased from us is covered by a 12-month warranty.
- Please let us know within 10 calendar days of receipt if the Equipment was damaged during delivery or if you encounter a problem with your Equipment prior to the end of the warranty period. After the 10-day period has passed, you will be charged for the replacement parts and the delivery fee. Each item has a recorded delivery time and this record will be used to remedy any disputes regarding the initial 10-day period.
- If the Equipment has been damaged during delivery or if you encounter a problem with your Equipment prior to the end of the warranty period, follow the returns process below;
- Wherever necessary, we or our appointed agent, engineer, or maintainer will install the Equipment at the site. We will not be responsible for any loss, damages or expenses due to any installation or programming, including reprogramming of least cost routing software, if carried out by persons other than its appointed agent, engineer or maintainer.
- The Equipment will at all times remain the property of us until payment is settled in full. You will not let, sell, charge, assign, sub-license, allow use of by a third party or encumber the Equipment in whole or in part, and will not prejudice our rights in such Equipment in any manner whatsoever.
- You will be responsible for the Equipment while it is in your custody and will notify us immediately of any faults, necessary repairs or any loss or damage to the Equipment. You will indemnify us against any loss or damage to the Equipment.
- Subject to paragraphs 12 and 13 below, we will reasonably endeavor to carry out repairs to the Equipment during normal working hours which are reasonably and properly necessary to maintain the Service without charge to you.
- You undertake not by yourself, your agents or otherwise to carry out any repairs, alterations, modifications or maintenance or make any additions or attachments to or otherwise alter the Equipment without prior written consent from us.
- We will not be responsible for faults arising or repairs necessary resulting from either;
- Breach of paragraph 9 above.
- Your negligence or default.
- Failure by you to use the Service in accordance with this Agreement or any reasonable or necessary instruction by us.
- Any act, omission or fault associated with a Telecommunications system other than that by us.
- Any other cause beyond our reasonable control.
- We only offer support and assistance on Equipment supplied by us. You are responsible for accessing appropriate support and assistance in respect to any Equipment purchased from a third-party.
- If we carry out repairs or maintenance work arising under paragraph 8 above, or if we are required to carry out work outside our normal working hours, we will be entitled to levy a reasonable charge for such work.
- You will allow us access at all reasonable times to the site to implement and carry out this Agreement and will provide us, free of charge, with all information and assistance reasonably required by us to perform our obligations under this Agreement.
- You will be responsible for obtaining and, where appropriate, paying for all necessary licenses, consents and approvals required by third parties for the installation and use of the Equipment.
- You ensure that any Telecommunications Equipment supplied or used by them in conjunction with the Equipment is in good working order and comply with all applicable legislation and standards.
8. INSTALLATION AND ACCESS TO PREMISES
- You agree to enable us to exercise our obligations under this Agreement:
- Installation may require access to the Premises. You will permit or obtain permission for us and any other person(s) authorised by us to have reasonable access to your Premises and the Service’s connection points and will provide such reasonable assistance as we request.
- We will normally carry out work by appointment and during normal working hours but may ask you for access at other times. You will not be obliged to provide such access.
- At your request, we may agree to work outside normal working hours and you will be Charged a reasonable fee to us for complying with such a request.
- If you request maintenance or repair work which is found to be unnecessary, you may be Charged for the work and costs incurred. We will give notice that work is considered unnecessary prior to completion and raising Charges.
- Should the completion of the installation not be possible, due to the Services being unavailable at the address the Service have been Ordered to by you, you will be notified by us as soon as possible. We will refund any Charges paid in advance, apart from charges for a Missed Appointment or any Abortive Visit Charges.
- The engineer may call you on the day of the installation. If you are not contactable or are unavailable, a Missed Appointment fee or Abortive Visit fee may be Charged to you.
- We will make efforts to activate the Service by the date given via correspondence with you, however all dates are estimates and we cannot guarantee they will be met.
- Telephone Services may be down for up to an hour during the activation of FTTC and G-fast and up to two hours during the activation of ADSL.
- We will make reasonable efforts to make the telephone Service downtime as brief as possible.
- We will not be held responsible for any losses, costs, expenses, damages or other liabilities incurred by you as a result of the activation of Service.
10. PROVISION OF INFORMATION
- You agree we may hold personal information provided by you to us and we may process that data and may, in certain circumstances, provide that data to suppliers including, but not limited to, Openreach.
- Suppliers may contact you directly in relation to the fulfilling the Order, repair of a Service or to confirm appointment times.
- You acknowledge that we may be required to disclose data and information to government or other bodies and/or authorities.
- You allow us to use information about the calls made by you including, but not limited to, origin, destination, duration route and time, so that we can perform our obligations under this Agreement and maintain or upgrade the Service or produce statistics to assist us or our operators in network and business planning.
- We may provide your personal information to credit reference agencies.
11. NO PARTNERSHIP OR AGENCY
- No part of this Agreement is intended to, or should be deemed to, constitute a partnership of any kind between any of the parties, nor establish any party the agent of any party for any purpose. No party may have the authority to bind the other party in any way.
12. SUSPENSION OF SERVICE
- We may at our sole inclination at any time with immediate effect elect to suspend provision of the Service (without prejudice to our own rights) until further notice without compensation if:
- You are in breach of a material Term of this Agreement including, for the purposes of this Agreement, your failure to pay monies due to us on the due dates.
- We are obliged to comply with an order, instruction or request of the Government, an emergency services organisation or other administrative authorities.
- Modification, preventive or emergency maintenance is necessary.
- We will provide you advanced notice prior to non-emergency maintenance when possible.
- You will reimburse us for all reasonable costs and expenses incurred by the implementation of such suspension and/or the recommencement of the provision of the Service as appropriate, but only where the suspension is implemented as a result of breach, fault or omission by you.
- Any suspension of Service by us will not constitute a termination of this Agreement.
- Furthermore, you agree that we are not liable for any costs, expenses, losses, damages or liabilities you may incur as a result of suspension of Service, in accordance with this Agreement.
- Notwithstanding anything to the contrary expressed or implied in this Agreement, either party (without prejudice to its own rights) may terminate this Agreement forthwith if a liquidator (other than for the purpose of amalgamation or reconstruction) trustee in bankruptcy, administrator, receiver and/or manager is appointed in respect of the whole or part of the assets and/or undertaking by you or you enter into an arrangement or composition with creditors, or if you become unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or other circumstances arise which entitle a court or creditor to appoint a receiver or administrator or to make a winding up Order.
- Notwithstanding anything to the contrary expressed or implied in this Agreement, we (without prejudice to our own rights) may terminate this Agreement forthwith if any license under which you have the right to run your telecommunication system and connect it to the Service is revoked, amended or otherwise ceases to be valid.
- In the event of termination, the disconnection will take place at the street cabinet and not at your premises.
- Once Services have been provided by us, you may only end the Agreement in accordance with the Minimum Service Period.
- We may terminate the Service and/or Account and/or this Agreement at any time and without prior notice or refund to you, and without affecting any of our rights, or claims where;
- We reasonably believe the Services are being used in breach of this Agreement.
- For non-payment (when due) or any other sum due to us from you.
- We provide you an equal notice period to the Minimum Service Period.
- We or Openreach determine that your Telecommunications line is unable to support the Services.
- You agree that we are not liable for any costs, expenses, losses, damages or liabilities you may incur as a result of termination of Service, in accordance with this Agreement.
14. FAULT REPORTING
- You must report any faults detected to us as soon as possible by logging a fault at https://support.structuredcommunications.co.uk/ or by emailing email@example.com .
- You acknowledge that the Internet and the use of the Internet is separate from the Services and that use of the Internet is at your own risk and subject to any applicable Laws.
- You acknowledge that we maintain and audit the content of our servers, however we give no warranties to the content, quality or accuracy of information received through, or as a result of the use of, the Services.
- Nothing in this Agreement will exclude or restrict our liability for the death or personal injury resulting from the negligence of SC or its employees while acting in the course of their employment.
- If the Service fails to operate and you divert traffic to another carrier, we will not be responsible for that carrier’s charges.
- Neither party will be liable to the other in contract, tort or otherwise for any loss of business, contracts, anticipated savings or profits or for any other indirect or consequential loss whatsoever.
- Our liability in contract, tort or otherwise arising out of or in connection with the performance of its obligations under this Agreement will be limited to £10,000 for any one incident or series of incidents and £25,000 in aggregate.
16. EVENTS OUT OF OUR CONTROL
- Neither party will be liable for any and all losses, damages costs, claims or liabilities which arise as a result of any delay or interruption in, or any non-delivery, or missed delivery or failure of the Equipment and/or Services due to the circumstances beyond our or our suppliers’ reasonable control including but not limited to Act of God, inclement weather, natural disaster, flood, drought, lightning or fire, failure or shortage of power supplies, lock-out, trade dispute or labour disturbance, any act or omission of Government, highways authorities, other public telecommunication operators or other competent authorities, riot, invasion, terrorist attack or threat of terrorist attack, civil commotion or threat or preparation for war, industrial action, Impossibility use of private or public transport, or impossibility of the use of public or private telecommunications networks.
- Should an event out of our control occur for more than 90 days, then we or you may terminate this Agreement upon giving notice in writing to the other.
- You agree to keep us updated of any changes to your contact details by providing us the update in writing.
- Notices will be deemed received and properly served 24 hours after an email is sent or three days after a letter is sent.
- It will be sufficient to prove the service of any notice, in the case of an email, that the email was sent to the specified email address of the addressee and in the case of a letter, that the letter was properly addressed, stamped and placed in the post.
- Any notice, invoice or other document which may be given by us under this Agreement will be deemed to have been duly given in writing if, sent via email or left at or sent by post to an address to which notices, invoices or other documents may be sent, or your usual or last known place of abode or business, or if the Customer is a limited company, its registered office. Our address for the service of any notice by you under this Agreement will be such address as is shown on the last invoice rendered to you or such address as we may prescribe for that purpose.
- We aim to provide the Services for the relevant Service Period and we will endeavor to give you as much notice as possible should we have to modify, suspend, vary or discontinue part or whole of the Services.
- Where changes to the Terms and Conditions of this Agreement are necessary, we will endeavour to notify you at least one month in advance by contacting you and/or publishing the details on our Web site. Should we need to make changes for regulatory or legal reasons we may not to provide as much notice but will notify you as soon as possible.
- Should we make changes to the Terms and Conditions to your significant disadvantage and you decide to terminate this Agreement early, you will not have to pay cancellation charges or be obligated to the remainder of your Minimum Contract Term.
19. CHARGES AND PAYMENTS
- You will be invoiced monthly by us and agree to pay charges within 14 days of receipt of invoice.
- Charges will be at our current price list.
- All amounts payable by Residential Customers in accordance with this Agreement shall be payable by direct debit and shall be inclusive of Value Added Tax (‘VAT’), or any other applicable tax or duty, which shall be charged at the prevailing rate.
- All amounts payable by Business Customers shall be payable by either direct debit, debit or credit card, cheque, BACS or CHAPS and shall be exclusive of VAT or any other applicable tax or duty, which shall be charged at the prevailing rate.
- We intend that there will be no price increase in usage charges during the Term of this Agreement. Should price increases become necessary, you will have 28 days from written notification of said increases to terminate the Agreement in writing without penalty.
- Usage charges payable will be calculated by reference to data recorded or logged by us and not by reference to any data recorded or logged by you.
- We reserve the right to charge daily interest on amounts outstanding 14 days after invoice until payment in full is received, at a rate equal to 4% per annum above the HSBC Holdings Plc Base Lending Rate as current from time to time, whether before or after judgment. Interest will continue to accrue notwithstanding termination of this Agreement.
- We reserve the right to suspend Services on accounts with amounts outstanding 14 days after invoice until payment in full is received.
- You agree to notify us of any changes to your bank account details. If this Agreement terminates, you are responsible for terminating any standing order with the bank.
- Should you fail to make payments to us within the terms outlined in this agreement we reserve the right to provide your contact information to a debt recovery agency.
- We reserve the right to raise a ‘Missed Visit Charge’ or ‘Abortive Visit Charge’ of £120 + VAT when;
- You refuse the engineer entry to the premises or entry cannot be gained despite prior Agreement to the visit by you.
- You are not reachable on the day of the visit despite prior Agreement to the visit by you.
- Broadband product will incur a DSL Cease Charge of £40.00 + vat upon cancellation which will be charged to you.
- You have a general right to change your mind and cancel the Service(s) within the first 14 days from the day you placed the Order. If you cancel during the initial 14 days from the day the Order was placed, you may be obligated to pay any connection or activation charges associated with that Service – including the full cost of charges that were discounted or advertised as free as a condition of taking the Service on the Terms that you agreed when we accepted your Order. If you request Services be provided during the initial 14 days from the day the Order was placed, the Minimum Contract Term comes into effect immediately from when you make the request.
- You may exercise your right to cancel an Order for goods for the period from when the Order is placed, ending 14 calendar days from the day the goods are received. If multiple goods are ordered, the right to cancel ends 14 calendar days from when the last good has been delivered.
- If goods were provided free of charge the goods must be returned, or proof of posting must be provided, in the condition in which they were accepted by you within 14 calendar days of cancellation or the resale cost of the goods not returned will be deducted from the credit amount and you will be charged the full cost of the goods.
- If goods where purchased, the goods must be returned or proof of posting must be provided, in the condition in which they were accepted within 14 calendar days of cancellation or the resale cost of the goods not returned will be deducted from the credit amount.
- The upload/download speed ranges that we quoted when you ordered the Service are estimates only. Once the speeds have settled (usually 10 days after activation), if you are regularly getting significantly lower download speeds than the estimated range that we quoted via the speed checker at https://orders.ghostgb.co.uk/start, you must contact our support team by creating a ticket at https://support.structuredcommunications.co.uk/ or by emailing firstname.lastname@example.org and we will try to improve the speeds. If, despite any improvements we attempt to make during a one-month period, the download speed you get is significantly less than the “Minimum Guaranteed Line Access Speeds” for the your Service you will be entitled to leave your contract without penalty,– provided you have followed the instructions given by SC in trying to resolve the problem.
- In the case you cease the Service Contract prior to the end date, you will be invoiced for the full cost of the Services for the remainder of the contract Term and a DSL Cancellation Charge under clause 19.11.
- Fibre Broadband Services cannot be transferred between properties and should you move to a new house within the Minimum Service Period the contract will remain in full force and effect and you will remain liable for the charges payable for the Fibre Broadband Services for the remainder of the Minimum Service Period.
- ADSL Broadband Services can be transferred to a new property within the Minimum Service Period and should you move to a new house within the Minimum Service Period one of the following will apply;
- You may sign into a new Minimum Service Period at the new property with no penalty to the remainder of the existing Minimum Service Period. Activation fees will apply.
- Should you not sign into a new ADSL Minimum Service Period at the new property you will remain liable for the charges payable for the remainder of the Minimum Service Period.
- FTTC, Gfast and FTTP Broadband Services cannot be transferred to a new property.
- All requests to cancel services must be made in writing.
- We may, but you will not (without our prior written consent) assign, transfer or delegate or otherwise deal with all or any of the rights and obligations under this Agreement.
- Unless it is in writing and signed by, or on behalf of each party, no variation of this Agreement or these Conditions will be valid.
23. INTELLECTUAL PROPERTY RIGHTS
- All present and future rights to intellectual property including trademarks (whether registered or common law trademarks), designs, copyright, any corresponding property rights under the laws of any jurisdiction belong to SC absolutely.
- In accordance with this Agreement you will not display or use our logos, products and Service names in any manner without prior written consent from us.
24. YOUR RESPONSIBILITIES
- You agree that you will be responsible for and hold us and our agents, contractors, licensees, employees and information providers, involved in providing the Services and/or Equipment, harmless from and against any and all losses, claims, damages, costs, demands, expenses and other liabilities which we suffer as a result of any breach by you of the terms of this Agreement, and from and against any claim brought by a third party alleging that the use of the Services and/or the Equipment, by you or under your Account, has infringed any intellectual property or other right of any kind, or any applicable legislation or regulation (whether international or domestic) but excluding any liability which we face as a result of criminal prosecution.
- You agree to pay all costs, damages, awards, fees (including legal fees), judgements and other sums awarded against, or agreed to be paid by, us in relation to such claims referred to at Clause 24.1 above. You further agree that you will, as soon as possible, notify us of, and forward to us all correspondence received by you in relation to, such claims.
- You also agree that we shall have full authority to defend, compromise or settle such claims referred to at Clause 24.2 above, and that you will, at your expense, provide us with all reasonable assistance necessary to defend such claims.
- You agree that you are entirely responsible for any form of automated dialing system which you have set up (including, but not limited to, the reliability of such system and any call costs which may be incurred as a result of its use).
- You agree that the configuration of your internal network remains your responsibility. Any interruption to the Services resulting from such configuration shall not be regarded as an interruption in or suspension of the provision by us of the Services.
- You agree that any equipment connected to or used with the Services will bear the European Consumer Equipment Standards “CE” mark. You will be responsible for ensuring that all such equipment is technically compatible with the Services and is used in compliance with all relevant instructions and safety and security procedures.
- This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other Agreements and representations made by either party, whether oral or written.
- This Agreement contains responsibilities and obligations by us. You agree that any other Term which might be implied or incorporated into the Agreement, by statute, at common law or otherwise, is excluded, to the fullest extent permitted by law.
- You acknowledge and agree that by entering into the Agreement you have not relied upon oral or written representation, statement or understanding, negligently or innocently made, by any of our employees, subcontractors, agents or representatives outside of this Agreement.
- You acknowledge and agree that you will have no remedy to any untrue representation innocently or otherwise made by us or any of our employees, subcontractors, agents or representatives outside of this Agreement upon which you claim to have relied upon in entering into the Agreement regardless of if the representation was made orally or in writing.
- The only available remedy to you for a breach of this Agreement by us shall be for breach of contract under the Terms of this Agreement.
- Failure by either party to exercise or enforce any right conferred to this Agreement will not be deemed to be a waiver of any such right and will not prevent the enforcement of these rights or obligations on any later occasion. If we waive a default, that does not mean we automatically waive any subsequent default. We do not waive of any of these Terms unless specifically stated that it is a waiver, in writing, to the party the waiver is to.
- By signing to this Agreement, you hereby agree to the total exclusion of all Terms and Conditions of business outside this Agreement.
- This Agreement will be governed by and construed and interpreted in accordance with English law, and the parties hereby submit to the jurisdiction of the English courts.
- Should any provision of these Terms be found invalid, unenforceable or unlawful by any court or competent authority, that Term will be severed from the remaining Terms which will remain valid.
- Should any clause of this Agreement be found to be invalid, void, voidable, illegal or otherwise unenforceable, but would be valid and/or enforceable if any part of the clause or sub-clause were deleted or modified, than the clause or sub-clause applies with the deletion or modification as necessary to make it valid or enforceable.
- Any Director or representative of a limited company who signs on behalf of you will be deemed an authorised signatory and thereby guarantees your acceptance of its obligations under this Agreement.
- References to the singular include the plural and vice versa. References to one gender include all genders.
- A person not part of this Agreement does not have rights under Contracts Act 1999 to enforce any term of the Agreement. This does not affect any right of any third party which exists apart from that Act.