Tollon : Terms : Broadband Services

Terms and Conditions for the provision of Broadband products and/or services by Tollon Limited, Suite 4, Scotts Sufferance Wharf, 1 Mill Street, London, SE1 2DE. Registered in England No: 03565311.

OUR CONTRACT WITH YOU

1. The service

The service is intended to provide you with high-speed network access to the internet and will be provided to you at the premises we agree with you (your premises). The service is provided for a minimum of 12 months upon activation.

2. When does our contract with you start

When we have received your duly completed order for the service this contract (as set out in these terms and conditions) starts.

3. Our commitment to you

We promise to use every reasonable skill and care in the delivery of the service.

Providing the service to you

4. Getting started

4.1 Before we can be certain that we can provide you with the service, we need to do the following:

successfully complete a line test and survey; and
if applicable, successfully install the equipment needed for you to use the service; and
successfully activate the service.
If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.

4.3 If access to or to put BT Equipment on someone else's premises is required in order to provide you with the service you will need to make any necessary arrangements.

4.4 Although we will use all reasonable efforts to ensure installation of the service by the date that we agree with you all dates are estimates and we cannot guarantee that we will meet them.

6. Making sure the service is secure

6.1 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.

6.2 To ensure that the service remains secure, you must not change or attempt to change a username.

6.3 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

(b) suspend username and password access to the service .

6.4 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.

6.5 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.

7. Things we may have to do

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.
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.
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.

8. Repairing faults in the service

Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can. Please report any issues with the service via the Support System which can be accessed via your online account.

What we need you to do

9. Paying our charges

9.1 You must pay the charges for the service you have ordered.

9.2 We will begin charging you for the service on the date that the service is activated and available for you to use.

9.3 You will have to pay the any connection charges and the initial months service charge when you place your order. Subsequent service charges will be due on or before the next billing period. Invoices will be sent via email and also available from your online billing account. We may charge daily interest on late payments at a rate equal to 4% per annum above the base lending rate of Barclay's Bank plc. Our standard policy is for payment by credit card.

9.4 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.

10. Use of the service

10.1 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; or

(g) in a way that does not comply with any instructions that we have given you;

10.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.

10.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.

Other uses of the service

11. When we provide you with content

11.1 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.

11.2 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.

11.3 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.

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.

12. Your use of the internet

The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet or for any unlawful access to your computer(s) or network.

If things go wrong

13. If you break this contract

Either of us can end this contract immediately on notice at any time if the other:

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;
commits a material breach of this contract which cannot be remedied;
is repeatedly in breach of this contract; or
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.

14. Suspension of the service

14.1 Instead of terminating the service under paragraph 15 we can choose to suspend the service. If we do this we can still end this contract at a later date. If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither have ended this contract) when you satisfy us that you will only use the service as we have agreed.
14.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.

15. Matters beyond our reasonable control

If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 continuous 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.

16. Our liability to you

16.1 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 16.2 or 16.3 or in any other way.

16.2 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.

16.3 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.

16.4 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.

16.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.

Ending this contract

17. 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 activated the services you must pay our connection charge. Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 18, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.

18. After the service has been activated
This contract can be ended by:

18.2 If you give us notice that ends, or we end this contract, during the first 3 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 3 months.

18.3 If you have paid any charges for a period after the end of this contract beyond the 3 months, we will either repay these charges or put them towards any money you owe us.

Other things we need to tell you

19. How this contract can be changed

We may change this contract, including our charges, at any time. We will give you at least 1 months notice of any changes before they take effect.

20. 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).

21. How to give notice

21.1 If either of us gives a notice to the other under this contract this must be done via the Support System which is access via your online account, or in writing and delivered by pre-paid post:

(a) To us: at the postal address shown on our 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 to the email address provided by you when ordering the service.

21.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.

22. Waiver

Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.

23. Third party rights

A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

24. The law that relates to this contract

English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.

Last Revised 30th August 2004.

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