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| DEFINITIONS
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In this contract :-
We/Us/Our means fairBroadband.
You/Your means the person/company with whom fairBroadband
is entering into this contract.
BT means British Telecommunications plc.
Equipment means all equipment left on your premises
enabling the service to be provided to you, including
BT's equipment Premises means the property at which
the service is to be enabled.
Duration of contract means minimum period minimum
period means a period of not less than 3 months
from the start of the contract.
Start Date means the date at which the service is
made available to you.
The contract means these terms and conditions, the
technical requirements, the price list and the registration
details.
Registration details means the details provided
by you upon registering for the service. Charges
means the price payable by you to fairBroadband for the service.
Price List means the prices as detailed on our
web site http://www.fairadsl.co.uk
Technical Support means the support provided by
fairBroadband to report faults or obtain assistance.
Technical Requirements means the minimum hardware
specification to enable fairBroadband to provide
the service as shown at
http://www.fairadsl.co.uk |
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| USE OF
THE SERVICE |
| 2.1 |
| The
service shall not be used |
| (a) |
In
a way that does not comply with the terms
of any legislation or any licence applicable
to you or that is in any way unlawful or fraudulent
or has any unlawful or fraudulent purpose
or effect; |
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| (b) |
without prejudice
to the generality of (a) above, in connection
with the carrying out of a fraud or criminal
offence against fairBroadband and/or its agents
(including BT), or any public telecommunications
operator; |
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| (c) |
to send, knowingly
receive, upload, download, use or re-use any
material which is abusive, indecent, defamatory,
obscene or menacing, or in breach of any copyright,
confidence, privacy or any other rights; any
subscriber who is found to be accessing, downloading
or uploading illegal Internet content will
be reported to the police and their account
will be terminated without compensation. |
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| (d) |
to send or procure the sending
of any unsolicited advertising or promotional
material; |
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| (e) |
in a way that does
not comply with any instructions fairBroadband
or its agents (including BT) has given under
Clauses 6.7 and 6.11; |
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| (f) |
in a way that in
BT's reasonable opinion could materially affect
the quality of any telecommunications service,
including the service, provided by fairBroadband; |
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| 2.2 |
fairBroadband shall have the right to enforce
such provisions set out in Clause 2.1 above by suspending
or terminating the provision of the service to you
if fairBroadband knows you are in breach of such
obligations. |
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| 2.3 |
| You
will indemnify fairBroadband and/or its agents
against any claims or legal proceedings that
are brought or threatened against fairBroadband
and/or its agents by a third party: |
| (a) |
because the service
is used in breach of Clause 2.1 (a) to (f)
inclusive; or |
| (b) |
in circumstances where you are
in breach of Clause 2.2. |
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| 2.4 |
You will notify fairBroadband of any such claims
or proceedings referred to in Clause 2.3 and keep
fairBroadband informed as to the progress of such
claims and proceedings. |
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| CHARGES |
| 3.1 |
The charges shall apply
from the Connection Date. You shall pay the charges
in accordance with the payment terms set out on
the www.fairadsl.co.uk order pages. |
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| 3.2 |
Charges for fairBroadband's Home User
Broadband service are shown exclusive of VAT
at the applicable rate. Charges for fairBroadband's
Business User service are shown exclusive of VAT. |
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| YOUR
DETAILS |
| 4.1 |
The Registration Details
that you provide shall be true, accurate and complete.
You agree to inform fairBroadband of any changes
to your registration details immediately by e-mail
addressed to: support@fairadsl.co.uk |
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| 4.2 |
fairBroadband will respect your personal
information and undertakes to comply with all applicable
UK Data Protection legislation. |
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| 4.3 |
In relation to your registration details,
you agree and hereby consent to fairBroadband passing
those details to BT and to such other third parties
as may be necessary in order to provide and operate
the service and install the equipment. |
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| 4.4 |
Other than as required by law, or
as permitted under these terms and conditions, fairBroadband
shall not disclose your registration details to
any third party without your permission. |
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| OUR OBLIGATIONS
TO YOU |
| 5.1 |
In consideration of the
charges, fairBroadband shall provide the service
in accordance with the terms and conditions. You
acknowledge that fairBroadband's provision of the
service and its ability to provide the service is
dependent upon BT and its ability to provide all
parts of the service to fairBroadband. You acknowledge
that there may be technical limitations that inhibit
the installation of equipment and/or activation
of the service. fairBroadband agrees to notify BT
of any issues concerning the service that you bring
to fairBroadband's attention. |
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| 5.2 |
fairBroadband will endeavour
to make available the service to you by the date
that has been agreed with you. However, you acknowledge
that dates are for estimate purposes only and therefore
fairBroadband has no liability for any failure to
meet any agreed date. |
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| 5.3 |
You acknowledge that fairBroadband
cannot warrant that the service will be error or
interruption free. The service may be suspended
for operational reasons (such as maintenance or
service upgrades) or because of an emergency. Before
suspending or interrupting the service (as aforesaid)
fairBroadband shall give you as much notice as possible. |
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| 5.4 |
| The
obligations of fairBroadband to provide the
service shall be conditional upon the technical
requirements being satisfied. You acknowledge
that the service shall not be available to
you outside the service availability area
and that: |
| (a) |
it will only be
available to you if you have a valid contract
for the use of a BT analogue direct exchange
line which terminates on a master socket forming
part of BT's telecommunications network; and |
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| (b) |
you have a suitable PC; and
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| (c) |
your address falls within the
service availability area. |
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| 5.5 |
You acknowledge that it
is technically impracticable to provide a fault
free service and fairBroadband cannot undertake
to do so. fairBroadband shall provide a helpdesk
facility to enable faults to be reported and resolved.
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| 5.6 |
Except as may be expressly
stated in these terms and conditions, all warranties
and conditions, whether express or implied by statute,
common law or otherwise (including but not limited
to satisfactory quality and fitness for purpose)
are hereby excluded to the fullest extent permitted
by law. |
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| 5.7 |
fairBroadband shall endeavour
to provide the service to you at the access option
rate selected by you. You acknowledge that due to
contention on both the BT network and fairBroadband's
access link, the speed of access may be reduced
at times. |
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| YOUR
OBLIGATIONS TO US |
| 6.1 |
| To
allow the installation and use of the necessary
equipment at your Premises, you will at your
own expense: |
| (a) |
obtain such consents,
including consents for any necessary alterations
to buildings as may be appropriate; |
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| (b) |
take up or remove, any fitted
or fixed floor coverings, ceiling tiles, suspended
ceiling and partition covers, as may be advised
as necessary; and |
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| (c) |
provide any electricity and
connection points required by fairBroadband
and its agents (including BT). |
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| All such preliminaries
must be completed in advance of any installation
work. |
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| 6.2 |
You are responsible for
the equipment and must not add to, modify or in
any way interfere with it nor allow anyone else
(other than someone authorised by fairBroadband)
to do so. You will be liable to fairBroadband for
any loss of or damage to the equipment, except where
such loss or damage is due to fair wear and tear
or is caused by fairBroadband, or anyone acting
on fairBroadband's behalf. |
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| 6.3 |
You will provide fairBroadband
(or its agents including, without limitation, BT
or other third parties acting on fairBroadband's
behalf), upon production of a valid identity card,
with access to your Premises or other premises outside
the control of fairBroadband (or its agents) during
reasonable hours on a pre-agreed date so as to enable
any assessment and work that may be necessary in
order for you to receive the service and for fairBroadband
to carry out its obligations under the contract.
You will be responsible for any costs incurred by
or on behalf of fairBroadband (where appropriate)
if you are not available at the pre-arranged time
and date. You acknowledge that fairBroadband (and/or
its agents) will normally only require access during
its usual working hours. |
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| 6.4 |
You agree to provide a
suitable and safe working environment for the employees
of fairBroadband and its agents at your Premises. |
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| 6.5 |
You agree to co-operate
with and comply with the requests fairBroadband
and/or its agents including, without limitation,
BT, in respect of any direction they may give as
to any changes that may be required to the environment
in which the service is to operate and the configuration/compatibility
of any equipment (including the BT equipment). |
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| 6.6 |
You agree that you will
be responsible for any equipment that may be provided
to you for the purpose of receiving the service
and that you will be responsible for all charges
necessary to access and use the service and that
you will use any equipment connected or used with
the service in accordance with any instructions,
safety and security procedures applicable to it.
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| 6.7 |
You agree not to remove
the equipment from the Premises and to notify fairBroadband
of any proposed move. You agree to permit fairBroadband
or its agents to access and enter the Premises to
re-collect the equipment in the event of your moving. |
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| 6.8 |
You agree that as part
of your wish to take part in the service, some minor
modifications may need to be made to your PC to
make it operate with the service. It is your responsibility
to ensure that such modifications do not invalidate
the terms of any warranty you may have concerning
your PC. fairBroadband shall incur no liability
for any claim that your warranty has been invalidated
(if applicable) as a result of work carried out
by fairBroadband or its agents (including BT) in
order to make your PC
operate with the service. |
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| 6.9 |
You will be allocated both a user
name and a password in order to access the service
and you will be responsible for keeping your password
confidential and agree to take all necessary steps
to ensure that it is kept secure and is not disclosed
to any unauthorised person. |
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| 6.10 |
You acknowledge that fairBroadband
and/or its agents (including BT) may give you instructions
from time to time which they believe are necessary
for health, safety or quality of other telecommunications
services provided by BT to you. |
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| PROPRIETARY
RIGHTS |
| 7.1 |
All title, interests,
and rights (including intellectual property rights)
in the service remain in fairBroadband. You acknowledge
such title, interest and rights and you shall not
take any action to jeopardise, limit or interfere
in any manner with our title, interests or rights
with respect to the service including, but not limited
to, using our trademarks or tradename. |
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| 7.2 |
You are the registered
owner of your domain name for the service and can
transfer it upon termination of the agreement to
another Internet service provider. |
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| AMENDMENT
OF THESE CONDITIONS |
| 8.1 |
fairBroadband reserves
the right to amend the terms of this agreement or
the nature of the service (where the technical specification
of the service is varied or to coincide with any
amendment made by BT) at any time and fairBroadband
will inform you of any such changes through e-mail,
newsletter or such other medium, as fairBroadband
considers appropriate. |
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| LIMITATION
OF LIABILITY |
| 9.1 |
Neither party shall be
liable to the other, either in contract, tort (including
negligence) or otherwise for direct or indirect
loss of profits, business or anticipated savings,
nor for any indirect or consequential loss or damage
or for any destruction of data arising in relation
to this contract including, without limitation,
fairBroadband's ability to provide the service. |
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| 9.2 |
The liability of fairBroadband
in contract, tort (including negligence) or otherwise
in relation to this contract is limited to the fees
paid by you to fairBroadband in the year (commencing
from the Start Date or any anniversary of the Start
Date) in which the liability first arose. |
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| 9.3 |
Each provision of this contract, excluding
or limiting liability, operates separately. If any
part is held by a court to be unreasonable or inapplicable,
the other parts shall continue to apply. |
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| MATTERS
BEYOND THE PARTIES' REASONABLE CONTROL |
| 10.1 |
If either party is unable
to perform any obligation under this contract because
of a matter beyond that party's reasonable control
such as lightning, flood, exceptionally severe weather,
fire, explosion, war, civil disorder, industrial
disputes (whether or not involving that party's
employees), or acts of local or central Government
or other competent authorities or events beyond
the reasonable control of that party's suppliers,
the party will have no liability to the other for
that failure to perform. |
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| 10.2 |
If any of the events
detailed in Clause 12.1 continue for more than 3
months either party may serve notice on the other
terminating this contract. |
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| TERMINATION |
| 11.1 |
You
may cancel the service at any
time. If you do cancel before the end of the minimum
contract you must pay fairADSL a cancelation fee
equivalent to the current connection fee plus the current
minimum contract fee. |
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| 11.2 |
If you decide at any
time during the minimum period to discontinue or
transfer the service to another property you must
pay fairBroadband all remaining charges for the
minimum period. In addition where you request to
transfer the service to another property (subject
to availability of the service at the new property)
a new agreement for another minimum period with
the associated charges must be entered into. |
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| 11.3 |
| Either
party may terminate this contract immediately,
on notice 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; or |
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| (b) |
commits a material breach of
this contract which cannot be remedied; or |
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| (c) |
is the subject of a bankruptcy
order, or becomes insolvent, or makes any
arrangement or composition with or assignment
for the benefit of their creditors, or goes
into voluntary (otherwise than for reconstruction
or amalgamation), or compulsory liquidation
or a receiver or administrator is appointed
over their assets; or |
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| (d) |
the contract between fairBroadband
and BT enabling fairBroadband to provide the
service is terminated; or |
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| (e) |
you no longer have a valid contract
for the use of a BT analogue direct exchange
line as referred to in Clause 5.4(a). |
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| 11.4 |
If any of the events detailed in
11.3 occur as a result of your default, fairBroadband
may suspend the service without prejudice to its
right to terminate this contract. Where the service
is suspended under this Clause 11.4 you must pay
all the charges due in respect of the service until
this contract is terminated. |
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| 11.5 |
Either party may terminate this contract
on giving at least 60 days notice to the other,
such notice to take effect no earlier than the expiry
of the minimum period. |
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| 11.6 |
If either party delays in acting upon
a breach of this contract that delay will not be
regarded as a waiver of that breach. If either party
waives a breach of this contract that waiver is
limited to that particular breach and such waiver
shall be in writing signed by the waiving party
and notified to the other. |
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| 11.7 |
In the event of termination or cessation
of the contract you agree to permit fairBroadband
or its appointed servants or agents (including BT)
upon production of a valid identity card, to access
your premises during reasonable hours to allow the
removal of equipment for the provision of the service.
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| 11.8 |
Termination in accordance with this
Clause 11 shall not prejudice or affect any right
of action or remedy which shall have accrued or
shall thereafter accrue to either party and all
provisions which are expressed to survive this Agreement
or impliedly do so shall remain in full force and
effect. |
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| MISCELLANEOUS |
| 12.1 |
The contract shall be
governed by and construed in accordance with English
Law and the parties hereby agree to submit to the
exclusive jurisdiction of the English courts in
respect of any dispute or matter arising out of
or in connection with the contract. |
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| 12.2 |
This contract constitutes
the entire agreement between the parties and supersedes
representations, communications and prior agreements
(oral or written). The clause shall not apply to
any statement, representation, or warranty made
fraudulently, or to any provision of this contract
that was induced by fraud for which the remedies
available shall be all those available under the
law. |
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| 12.3 |
Any notice or other communication
to be given under the contract must be in writing
to the other party and may be delivered or sent
by pre-paid first class letter post or fax transmission
to be served on the party to their last known address.
Any notice or document shall be deemed served if
delivered, at the time of delivery; posted, 48 hours
after posting; and if sent by facsimile transmission,
at the time of transmission. |
| 12.4 |
This contract shall not be assigned,
sub-contracted, novated, sub-licensed or otherwise
disposed of by you. FairBroadband reserves the right
to assign, sub-contract or otherwise transfer its
obligations to provide the service to any third
party. |
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| 12.5 |
The illegality, invalidity or unenforceability
of any provision in this contract shall not affect
the continuation in force of the remainder of this
contract. |
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| 12.6 |
A person who is not party to this
contract shall have no right under the contracts
(Rights of Third Parties) Act 1999 to enforce any
of these terms. This clause does not affect any
right or remedy of any person that exists or is
available or otherwise than pursuant to that Act.
Please print off these terms and conditions for
your own records. |
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