| 1. |
The client acknowledges that there are no cancellations
once an order has been received and accepted by Choice
Online. |
| 2. |
The full cost of any additional work that has
been specifically incurred for the Service by the time of cancellation
will be recovered in addition to the cancellation charge. In
the event Choice Online fails to meet the Service Commencement
Date and the Client decides to cancel the Service, a charge
will not be raised. Choice Online will use all reasonable endeavors
to install the Service in accordance with the Installation Date
but any such date is provisional and maybe subject to alteration.
If the Client requests amendments to the Service Commencement
Date and subsequently cancels the Service, the cancellation
charge will be amended so as to cover the full extent of Choice
Online’s losses. |
| 3. |
Further miscellaneous Charges may be applied in
connection with the provision of the Service and/or repair of
the Client’s data paths as follows: |
| 4. |
where an internal shift of the Clients line is
required, a charge of £85.00 will be imposed; or |
| 5. |
where an external shift of the Client’s line
is requested, this will be charged as a new connection; or |
| 6. |
a visit charge applies where Choice Online or
Choice Online’s sub-contractor visits the Client’s
premises during normal working hours in connection with the
Service, and a charge for the particular product or service
has not been included in the price of the Service. If more than
one visit is required, a single charge is made for each person
visiting on each occasion. A visit charge will not apply where
a visit is made for the purpose of removing rented Apparatus;
or |
| 7. |
an abortive visit charge of £165.00 (per
attendance) where, (i) Choice Online or its sub-contractor attends
an incorrect address provided by the Client, (ii) the Premises
for installation does not meet the criteria defined by Choice
Online or its sub-contractor as requirements for installing
the Service e.g. minimum space, availability of power etc.,
(iii) the Client has not agreed to take Service at the appointed
time as agreed between Choice Online and the Client, or (iv)
the Client has not agreed to or is unavailable for a maintenance
or other agreed visit at the appointed time agreed between the
Client and Choice Online; or |
| 8. |
a reworking charge where an engineer at the Client’s
Premises has to make good any existing non-BT installed wiring
to make it fit for installation. Such work will only be undertaken
with the Client’s consent and where undertaken by Choice
Online’s sub-contractor, the sub-contractor’s timescale
rates will apply. Where undertaken by Choice Online, the Client
will be notified of Choice Online’s rates. |
| 9. |
the Client acknowledges that the provision of
ADSL, DDL or Leased Lines services per this Service Order is
for one-year and the Client further confirms that other aspects
of Choice Online’s provision (such as but not limited to
hosting etc.) are per the contract terms as outlined earlier
within these terms and conditions and that the Client shall
pay all charges, the VAT, and any additional taxes as set out
on the Service Order/ Invoice (pro-forma or otherwise) and agrees
to all guidelines of payment as set out in Clause period. |
| 10. |
the Client also acknowledges that
all Leased Line cancellations must be made in writing and served
via Registered Post to Choice Online at least 90 days prior
to the date of cessation as requested by the Client with no
cancellation earlier than the initial 12 month contract |
| 11. |
the Client acknowledges that all quotes
provided by Choice Online are subject to available capacity
as defined by Choice Online’s chosen supplier and that
an additional fee may be levied to the customer based on additional
capacity upgrades that may be required. |
| 12. |
the Client acknowledges that any move
between premises will need to be notified to Choice Online and
the Client acknowledges that, given the nature of broadband
connections, a simple swap from one premises to another without
down time or additional cost is not possible and that the current
connection may need to be ceased and that a new connection at
the new premises may be needed on a new 12 month contract. |
| 13. |
Where order details received from
the Client are illegible, materially incomplete, or incorrect,
Choice Online reserves the right to charge the Client an administration
charge comprising a minimum charge of £56.00 plus a charge
of £28.00 for each subsequent hour or part thereof. |
| 14. |
a ‘Breaking through walls’
Charge will apply for the provision of broadband services access
links for each of the broadband products. Choice Online may
re-wire or disconnect incorrectly wired connections without
liability on its part. (The following are not suitable for ADSL:
ISDN, PBX lines, RedCare, BT Video Stream, BT DataStream, PCM
facilities, coin box operation). The Client acknowledges that
ADSL may impact other services terminating on the line such
as security systems terminating on the line such as security
systems. These services should be tested once the installation
is complete. Such Charges will be notified to the Client in
advance if applicable. |
| 15. |
The Client acknowledges that additional
duct charges may apply for the provision of broadband services
access link for EACH of the broadband products and that the
Client will be advised by Choice Online of these charges on
a case by case basis. |
| 16. |
the Client understands that the Service
comprises a telecommunication service to access the Internet
and such other Services as the Client has ordered in the Service
Order. Maximum ‘burst’ rates for the Service will
be provided upon request. The Client acknowledges that the burst
rates for the Service may be reduced by contention at peak usage
times within Choice Online’s System. |
| 17. |
Choice Online will only be able to
provide the Service where the Client’s existing telecommunications
supplier and/ or Choice Online's partners support it (including
for the purposes of this Agreement an obligation that the Client
has and maintains a contract for the use of a BT provided an
analogue direct exchange line which terminates on a master network
forming part of the BT network). The Client further acknowledges
that the installation of the Service may cause some disruption
to the Client’s telecommunication services. |
| 18. |
where it is necessary for Choice Online
to install or maintain the Service, the Client warrants that
all approvals have been granted for the installation (for example,
that all approvals are granted in connection with fitting equipment
Clients on buildings or premises not directly controlled by
the Client) and will provide Choice Online with such access
as it is reasonably required and any technical or personnel
assistance reasonably necessary for the installation and maintenance
of the Service including electricity supply and suitable accommodation
and environmental conditions to accommodate the Business Serve
Equipment. |
| 19. |
the Customer shall be responsible
for any Choice Online Equipment located at the Site and the
Client will only use the Choice Online Equipment and associated
software in accordance with instructions and/or software licenses
that Choice Online provides to the Customer from time to time.
The Client undertakes not to modify, tamper or in any way interfere
with Choice Online’s Equipment and Choice Online will not
be liable for any repairs to the Choice Online Equipment other
than those arising as a result of natural and proper use of
it and: |
| 20. |
The Client will insure any Choice
Online Equipment located at the Site against loss or damage
from all risks for an amount equal to the full replacement value
of the Choice Online Equipment; and |
| 21. |
the Choice Online Equipment shall
be and remains the property of Choice Online at all times and
must be surrendered in re-saleable condition, together with
all manuals and packaging upon termination. Where the Client
fails to surrender the Choice Online Equipment, Choice Online
reserves the right to retrieve the Choice Online Equipment directly
from the Site; and |
| 22. |
the Client will be liable to Choice
Online for any loss or damage to the Choice Online Equipment
except in so far as any such loss or damage is attributable
to the negligent or willful act or omission of Choice Online.
|
| 23. |
Choice Online hereby grants to the
Client and the Client hereby accepts a non-exclusive and non-transferable
license to use any software provided by Choice Online to access
the Internet, for the sole purpose of enabling the Client to
use the Service. The Client hereby acknowledges that the title
to all software is and shall remain with Choice Online or Choice
Online's third party licensers. The Client hereby undertakes
to use its reasonable endeavor to protect and keep confidential
all Choice Online software used by it, and shall make no attempt
to examine, copy, alter, reverse engineer, disassemble or tamper
with such software.. |
| 24. |
use of the Service by the Client is
deemed acceptance of any and all licenses relating to the Service.
|
| 25. |
the Service is provided for the Client’s
use only and the Client undertakes not to resell, hire, lease
or allow use of the Service by any third party without the prior
written consent of Choice Online and: |
| 26. |
the Client shall use the Service for
lawful purposes only in compliance with all current and future
statutes in force from time to time; and |
| 27. |
the Client agrees not use the Service:
(i) to send or receive materials or data which is in violation
of any law or regulation or which is defamatory, offensive,
abusive, indecent, obscene or in breach of confidence, privacy,
trade secrets or in breach of any third party Intellectual property
rights (including copyright) or in breach of any other rights;
(ii) in a manner which constitutes a violation or infringement
of the rights of any person or a violation or infringement of
any statutory duty or obligation in contract tort or otherwise,
to any third person; (iii) in breach of instructions that Choice
Online have provided to the Client in respect of the use of
the Service; or (iv) other than in conformance with Choice Online's
standard acceptable use policies and the Internet Protocols
as published from time to time; and |
| 28. |
the Client acknowledges that no broadband
connection provided by Choice Online can be segmented or resold
for further provision to beneficiaries other than the Client
as known by Choice Online and shall not be in breach of the
terms and conditions as set out by our broadband supplier; and |
| 29. |
the Client acknowledges that Choice
Online may be required by current or future law or regulation
to access, store and/or take copies of the Client’s data
stored on or transmitted by the Service. Choice Online reserves
the right to terminate the Service with immediate effect and
without further obligation or liability to the Client as required
by any law enforcement organisation or by the Courts; and |
| 30. |
the Client agrees that he will not
use a Name so as to infringe the rights of any other person
or company under statute or common law in a corresponding trademark
or name. The Client also agrees to comply with the terms and
conditions of any third party through which Choice Online has
supplied the Name to the Client; and |
| 31. |
the Client acknowledges that Choice
Online will be in no way liable for any dial-up charges incurred
by the Client in the event the Client’s primary or back-up
connectivity devices are used and the Client further acknowledges
that Choice Online is no responsible for informing the Client
of such outages if they are unknown to Choice Online management
and/ or systems; and |
| 32. |
Choice Online will provide technical
support to Leased Line customers via its Premier Support Unit
and that all ADSL customers will receive support from Choice
Online's Customer Support Department. ADSL customers further
acknowledge that the support as provided by Customer Support
does not include the support of the Client's network and shall
only include support up to the Client's modem/router. |
| 33. |
Choice Online reserves the right to
restrict the passage of communications where the Client makes
profligate use of the Choice Online network or the Service to
the detriment of Choice Online or Choice Online's other Clients,
until the Client gives an acceptable undertaking to Choice Online
to modify its use of the Service. In other words, the Client
acknowledges that they will not utilise the service beyond what
would constitute typical business usage profiles (meaning use
of file sharing devices such as Kazaa does not constitute business
usage profile); and |
| 34. |
the bandwidth used for traffic to
and from the web site is exceeded beyond Choice Online's considered
acceptable use and is deemed by Choice Online to affect the
performance of other Clients' Business Websites. Notwithstanding
any other remedies it may have under these Terms and Conditions
or in law, Choice Online, in the event that the acceptable bandwidth
is exceeded, may elect to charge the Client an additional monthly
fee as set out in the Choice Online Price List; and |
| 35. |
any breach of these terms and conditions
by the Client will entitle Choice Online to disconnect or terminate
the Service without notice with immediate effect, and Choice
Online may restore the Service if the Client gives an acceptable
assurance that there will be no further contravention. |
