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Broadband Terms and Conditions |
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Dial-up Terms and Conditions |
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Broadband User Agreement |
These Conditions of Use (the "Conditions") set out the terms and conditions governing your use of the Service (as defined below) available via submission of an Order; the content, features and functionality of the Service are described in the Site www.beeb.net. The Service and Site are supplied by BBC Worldwide Limited, registered office Woodlands, 80 Wood Lane, London W12 0TT, Company Number 01420028,VAT NO 333289454 (“BBCW”).
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DEFINITIONS |
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1.1 |
Please note some terms used in these Conditions will have a certain meaning: “AUP” means the Acceptable Use Policy setting out rules in connection with the use of the Services; “BT” means British Telecommunications plc; “Business Day” means 9am - 5.30 pm, Monday to Friday, excluding UK public holidays; “Carrier” means any supplier of telecommunications services to BBCW or any third party provider to such supplier for the Service; “Customer” means the individual in whose name the Order is submitted; “CPE” (Customer Premises Equipment) means the equipment which is supplied to you by BBCW including but not limited to an ADSL or USB modem and microfilter; “CPE Welcome Letter” means the letter which is sent to you, which includes details of the CPE; “Foil Envelope” means the foil envelope contained in the Welcome Pack, which contains certain information which is necessary for your use of the Service; “General Conditions” means the general conditions of entitlement as set out in the notification issued by the Director General For Telecommunications on 22nd July 2003, in accordance with section 48(1) of the Communications Act 2003, pursuant to section 45 of said act, as may be amended from time to time; “Internet” means the global data network comprising interconnected networks using TCP/IP (“Transmission Control Protocol/Internet Protocol”); “Minimum Period of Service” means the period of 12 months, beginning on the date when the Carrier enables you to receive the live Service; “Order” means the application which you place for the provision of the Services by submitting an Order Form; “Order Form” means the form which is completed on the Site, or otherwise, by which you apply to receive the Service; “Premises” means your premises where the Service is to be received; “RIPE NCC” means the RIPE Network Coordination Centre, an organisation that maintains a database of European IP networks and their management information; “Schedule” means the schedule attached to these Conditions; “Service” means the connection and supply of a telecommunications circuit running over the Access Line and capable of supporting ADSL services at the Premises and the provision of telecommunication services over such circuit as further defined on the Site; “Site” means the website www.beeb.net and all content contained therein (including access to the Service); “Software” means the software licensed to you by a third party and which comprises part of the CPE; “Support Boundaries” means the boundaries, describing the level of support and assistance which BBCW may at its discretion, provide to you in connection with the CPE and otherwise, as detailed on the Site; “Telecommunication System” means the telecommunication system which is operated by BBCW’s Carrier in accordance with the General Conditions and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by, such supplier from a third party; “you” and “your” means the Customer who orders the Service and belonging to the Customer as the case may be; “Welcome Letter” means the letter contained in the Welcome Pack which details the fees and other features of the Service which you have ordered and constitutes an acceptance by BBCW of your Order; “Welcome Pack” means the pack sent to you by BBCW following your Order for the Service being accepted, which contains the Welcome Letter, and details and information relating to the Service; “we” “us” and “our” means BBCW and belonging to BBCW as the case may be; and These Conditions, together with the Acceptable Use Policy ("AUP") explain our responsibilities to you and your responsibilities to BBCW and to other users of the Service. The AUP in particular outlines what we consider to be unacceptable use of the Service by our customers so that we can take appropriate steps against abusers of the Service. The AUP forms an integral part of this Agreement and,unless otherwise expressly stated, all references to "Agreement” include reference to the Conditions, Order Form and the Welcome Pack and the applicable AUP. By using the Site and/or registering online, you confirm to us that you have read, understood and accepted these Conditions and the AUP. If there is anything you do not understand, please contact us via our Customer Service Department on 0845 270 0203 between 8.00am and 00.00am Monday to Sunday inclusive, or email us at beebhelp@beeb.net. Yo u must be 18 years or older to register for the Service.You have a right to cancel your Order as detailed below. |
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2.1 |
The Service described on the Site and in the Welcome Pack. From time to time, we may alter the features and functions made available as part of the Service, but we shall endeavour to keep the overall quality, quantity and variety of features and functions consistent. | |
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3.1 |
To use the Service, you will need to submit an Order whereby you will supply us with certain details. We will respect the privacy of this information and will comply with applicable data protection legislation in respect of it. | |
3.2 |
When placing your Order, we will ask you to set up a password and a security phrase (together being your “Account”).This is required so that we can identify you and make changes to your Service over the phone, having verified your identity. It is your responsibility to keep these confidential and not disclose them to any other person for any reason. If you disclose your password or security phrase you will be liable for any losses you incur if they are misused; we will accept your password or security phrase as authority to make any changes to your Service or Account.You are fully responsible for all action taken in respect of your Account whether or not the use is made by you or by someone else using your password. | |
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4.1 |
It is your responsibility to keep the personal data that you provide to us up to date.We may send notices or other information to you at the address you give us. | |
4.2 |
You warrant and undertake to us that all of your personal data, payment and contact details are accurate and complete and that you will notify us immediately of any change to your personal data by sending us an email to beebhelp@beeb.net or by calling us on 0845 270 0203. | |
4.3 |
You will keep your passwords and security phrases a secret and will not disclose them to third parties for any purpose.You must notify us of and change any password which you believe may have been compromised. | |
4.4 |
You may be subject to a standard credit check.The information that you provide may be disclosed to a licensed credit reference agency which may retain a record of the search.You hereby expressly authorise us to make such disclosures. | |
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5.1 |
You must have and continue to maintain an Access Line which: | |
5.1.1 |
is a suitable BT analogue exchange line, which has no incompatible services operating on it; and | |
5.1.2 |
is connected to a suitably equipped BT exchange at which there is appropriate capacity. | |
Provisioning of the Service by BBCW is subject to distance limitations and survey by BT. If you change from or do not maintain adequate Access Line we cannot be held responsible if you cannot or cease to be able to receive the Service. BBCW supplies the Service to you on the condition that you are the person or entity contracting with BT for the BT phone line associated with the Service. |
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5.2 |
You require the following operating systems for use of the Service: | |
5.2.1 |
if you are accessing the Service via a Personal Computer,Windows 98/Me/2000/XP; or | |
5.2.2 |
if you are accessing the Service via an Apple Macintosh, MAC OS 8.6 to 9.2 or Mac OS X. | |
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6.1 |
The Agreement shall operate from the Agreement Date, for the Minimum Period of Service and thereafter unless and until terminated in accordance with Clauses 14 and/or 15 of these Conditions. BBCW reserves the right to suspend under Clause 13 or terminate the Service under Clauses 14 and 15 of this Agreement. | |
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7.1 |
BBCW shall provide you with the Service for, and you agree to pay, the fees as set out on the Site and Welcome Letter.These fees are payable monthly in advance from the start of the Minimum Period of Service. Payment will be due on the date as advised to you by BBCW. Payment must be made using one of the methods specified on the Order Form and Welcome Letter, as specified by you when placing your Order. | |
7.2 |
BBCW reserve the right to change the fees from time to time. Details of any such increase shall be posted in accordance with the notice process in Clause 20 of these Conditions. In addition to the fees set out on the Order Form and Welcome Letter, BBCW shall be entitled to charge and you shall be liable to pay the fees set out in the Schedule for the reasons given.You will be entitled to terminate the Agreement if you are unhappy with any proposed increase in price provided you notify BBCW in accordance with the notice process set out in Clause 20 of this Agreement within fourteen (14) days of such notification of price variation. | |
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8.1 |
You shall use reasonable endeavours to allow BBCW or any Carrier to have access to the Premises at all reasonable hours for the purpose of testing or maintaining the Service and shall provide a safe and suitable environment for such access visits. | |
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9.1 |
You are fully responsible for: | |
9.1.1 |
connecting the microfilter, provided as part of the CPE, to the Carrier's master socket (and any extension sockets) at your Premises; and | |
9.1.2 |
connecting the modem, provided as part of the CPE, to the relevant port on the microfilter, and | |
9.1.3 |
installing the Software; and | |
9.1.4 |
providing and maintaining all other necessary computer equipment which you may require to use the Service. | |
9.2 |
BBCW, and its suppliers, accept no liability whatsoever for any loss you or any third party may suffer as a result of your installation of, and/or setting up your equipment to receive, the Service, including but not limited to loss caused by your faulty installation of any CPE. | |
9.3 |
While BBCW may from time to time advise Customers and prospective Customers on the make of equipment that will be compatible with the Service within the Support Boundaries, BBCW does not warrant that any particular equipment shall be compatible with the Service and BBCW shall not be responsible for supporting any equipment. | |
9.4 |
BBCW shall use reasonable endeavours to assist with reasonable queries you may have in respect of initial set up of the Service within the Support Boundaries. However, to the extent that such queries relate to any problems which, following an initial diagnosis, may be out side of BBCW’s control or ability to remedy (including but not limited to CPE), BBCW does not guarantee that it shall be able to help resolve any such difficulties. Such limited support shall be provided to you by telephone by you calling 09066 500 600 * . | |
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10.1 |
You hereby agree that you will comply with the terms of any licence agreement attaching to the Software.You hereby acknowledge that failure to comply with such terms may result in you being refused a licence for the Software or having the same revoked by the owner of the Software.You hereby further agree to indemnify BBCW in respect of any loss suffered by BBCW as a result of your failure to comply with such licence agreement. | |
10.2 |
Delivery times quoted by BBCW are estimates only. Delivery shall be deemed to take place when the CPE arrives at the Premises.All risk (ie liability if lost or damaged) in the CPE shall pass to you or your appointed agent at the time of delivery.Title (ie ownership) of the CPE shall not pass to you until you have paid all sums due to BBCW relating to your CPE. Prior to the title of the CPE passing to you, you shall hold the CPE on behalf of BBCW and shall keep the CPE separate from any other goods, properly stored, protected and insured and clearly identified and shall bear the costs thereof. BBCW shall not be liable for delivery failure in the event that you have provided incorrect delivery details to BBCW. BBCW will make up to two attempts to deliver the CPE to the Premises.The costs of any further delivery attempts shall be borne by you. | |
10.3 |
BBCW warrants that upon delivery, the CPE will be of satisfactory quality and fit for purpose.You shall inspect the CPE immediately on delivery and shall notify BBCW of any damage to or fault with the CPE on 0845 270 0203. In the event of any damage to or fault with the CPE, you should return it to BBCW within fourteen (14) days of delivery and replacement CPE will be despatched to you as soon as reasonably possible in accordance with 10.7. | |
10.4 |
If the Software is not complying with the specifications described in the accompanying Software documentation, BBCW will, during the said 24 month period, use its reasonable endeavours to ensure that such fault is eliminated or mitigated. | |
10.5 |
Notwithstanding clause 10.3, within a period of 24 months from the date of delivery BBCW will, subject to these Conditions make good by repair or replacement any CPE which, under proper use, is or becomes defective.This will not be applicable in the event that the defects result from: | |
10.5.1 |
natural disasters, fire or flooding occurring after delivery; | |
10.5.2 |
shock, fall or incorrect handling; | |
10.5.3 |
connection, installation or use not conforming to the instructions in the Accessories or specifications detailed on the Site or advised to you at the time of placing your Order; | |
10.5.4 |
the effect of over voltages, insufficient protection against humidity, heat or frost, modification, defect in or non-compatibility of hardware connected to the CPE; or | |
10.5.5 |
intervention by a third party not approved by BBCW. | |
10.6 |
Any CPE repaired or replaced, during the said 24 month period, will be guaranteed for the unexpired portion of the said period, subject to the conditions set out in clause 10.4. | |
10.7 |
Prior to returning the CPE to BBCW, the following returns procedure shall apply: | |
10.7.1 |
In the event that any CPE is faulty, you should call 09066 500 600 * , or such other telephone number as may be advised to you from time to time. | |
10.7.2 |
If the CPE fault is not resolved within three (3) Business Days from notification to BBCW, you will be allocated a Returns Authorisation Number ("RAN").Your RAN shall remain valid for a period of fourteen (14) days from the date of issue.Within the said fourteen (14) day period (as above) you must return the CPE and the Accessories by recorded delivery, registered post or courier to Net Lynk Limited, Centurion Court, Roman Way, Coleshill, Birmingham B46 1HQ or such other address as may be advised from time to time. BBCW will only accept return of the CPE after a valid RAN has been issued. If requested by you, replacement equipment will be despatched to you as soon as reasonably possible. | |
10. 7.3 |
The CPE must be adequately wrapped in packing to prevent damage during transit with the RAN clearly marked on the outside of the package.You will remain liable for any damage to the CPE caused during transit resulting from inadequate packaging. | |
10. 7.4 |
BBCW does not accept liability for any CPE lost or damaged during transit and proof of postage is not proof of delivery.As you will remain liable for any loss or damage caused until receipt of the CPE by BBCW, including costs of a replacement CPE you are strongly advised to maintain sufficient insurance to cover the value of the CPE.The cost of return carriage is to be borne by you.This will be refunded if the CPE is proved to be defective. | |
10. 7.5 |
On receipt of the CPE, at the address specified above, it will be tested against the stated fault (if any). If no fault is located and the CPE is found to be in full working order, you may be liable to pay the costs incurred by BBCW in delivering replacement CPE to you. If you have elected to have the CPE repaired, as opposed to replaced, it will be repaired and returned to you as soon as reasonably possible. | |
10.8 |
BBCW may, at its discretion, and without prejudice to the provisions contained above, provide you with support in accordance with the Support Boundaries. In doing so, BBCW will use reasonable skill and care. However, BBCW offers no guarantee that it will be able to remedy any difficulty that you may be experiencing and will not be liable to you in any way for such failure to remedy the difficulty. | |
10.9 |
BBCW and its suppliers, accept no liability whatsoever for any loss you or any third party may suffer as a result of your misuse of the CPE or for any accidental damage to it. | |
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11.1 |
BBCW will use reasonable endeavours to maintain the Service.The Service is subject to change from time to time. If you cannot use any part of the Service or where a failure, suspension or withdrawal of all or part of the Service is beyond our reasonable control, compensation will not be payable. Should any part of the Service be unavailable for any other reason for a period of 24 consecutive hours or more and during that time we are unable to provide suitable alternative services, BBCW will on request extend the period for which you have paid free of charge for the same number of part or full day(s) that the Service remains unavailable. | |
11. 2 |
BBCW shall provide the Service to you according to the terms of this Agreement. BBCW may obtain telecommunications services from a Carrier in order to supply the Service to you.You accept that it is technically impracticable to provide telecommunications services which are entirely free of faults and BBCW does not undertake to do so.You also accept that you may not be able to receive the Service due to certain technical restrictions. If such technical restrictions are discovered after the Agreement Date, BBCW has a right to terminate the Agreement in accordance with clause 14.2.4. | |
11. 3 |
You agree that your use of the Service is at your sole risk. | |
11. 4 |
The Service is provided to you on an “as is” and “as available” basis and to the fullest extent permitted by applicable laws we exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it.This clause does not affect any statutory or other rights available at law to you. | |
11. 5 |
BBCW make no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error free. | |
11. 6 |
BBCW may occasionally have to interrupt the Service or change the technical specification of the Service for operational or planned maintenance reasons, for upgrades or because of an emergency. BBCW will give you as much notice as practically possible of any planned interruption of your Service. | |
11. 7 |
BBCW will correct reported faults as soon as possible. Should you encounter a fault with the Service you should report this to BBCW at telephone number 09066 500 600 * . BBCW shall investigate the fault and will actively deal with the fault report between the hours of 9.00am and 5.00pm Monday to Friday, excluding UK public holidays. | |
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12.1 |
You shall comply with these Conditions and other related documents such as the AUP and act lawfully and honestly at all times in order to be able to continue to participate in the Service. | |
12.2 |
Yo u must NOT use the Service: | |
12.2.1 |
in a way that does not comply with the Conditions or any legislation or applicable licence or that is in any way unlawful or fraudulent or, to your knowledge, has any unlawful or fraudulent purpose or effect; | |
12.2.2 |
in connection with the carrying out of a fraud or criminal offence against any public telecommunications operator; | |
12.2.3 |
to send, knowingly receive, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses, trojans, worms or other similar programs, or which causes overloads to the Telecommunication System; | |
12.2.4 |
to send or procure the sending of unsolicited advertising or promotional material; | |
12.2.5 |
in a way that does not comply with any instructions given by BBCW for reasons of health, safety or the quality of the Carrier's telecommunications services or the Telecommunication System; | |
12.2.6 |
attempt to use the Service in any way that modifies, decompiles or reconfigures the Service or software or copy any manual or documentation relating to the Service, without BBCW's prior written consent, except as set out in this Agreement; or | |
12.2.7 |
in a way that in the reasonable opinion of BT could materially affect the quality of any telecommunications service, including the Service, provided by BT, as notified to you by BBCW. | |
12. 3 |
You shall not share use of the Service, or any part of it, with any other person, whether directly or indirectly, including by means of radio or other wireless technology of any kind, except that you may share the Service with members of your own household at the same address or where specifically agreed with us in writing. | |
12.4 |
You shall ensure that any person with whom you share use of the Service under Clause 12.3 complies in full with this Agreement as if they were an original party to them.You are responsible for any misuse of the Service by anyone with whom you share the Service. | |
12.5 |
You will co-operate with BBCW’s reasonable requests for information regarding your use of the Service and supply such information without delay. | |
12.6 |
The Service is supplied to you for your personal use and is not intended (i) for general use in connection with a trade, business or profession; or (ii) for use by a company, partnership or other such organisation.You must not use it in this way and must not commercialise it. | |
12.7 |
Where you use the Service to reach networks and services not operated by BBCW, you will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services. | |
12.8 |
To maintain the Service levels for other users BBCW reserve the right to block certain types of traffic without notice where they appear to contravene paragraphs 12.2 and/or 12.6. | |
12.9 |
Copyright and Use of this Site. All rights, including copyright and database right, in this Site and its contents including regarding the Services, are owned by or licensed to BBCW, or otherwise used by the BBCW as permitted by applicable law. In accessing these webpages, you agree that you will access the contents solely for your own private use.You can download and use the Site on a single computer at a time and you can print out a single hard copy of any part of the content of the Site solely for those purposes. Except as permitted above, you undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of this website without the prior written permission of BBCW or in accordance with the Copyright, Designs and Patents Act 1988. | |
12.10 |
Trade Marks etc. The names, images and logos identifying the BBC, BBCW or third parties and their products and services are proprietary marks of BBC, BBCW and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of the BBC, BBCW, or any other third party. | |
12.11 |
The Site and the information, names, images, pictures, logos and icons regarding or relating to BBCW, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without (to the fullest extent possible in law) any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event will BBCW be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Site. BBCW does not warrant that the functions contained in the material contained in the Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.Also there may be links to third party Sites unconnected with BBCW. BBCW is not responsible for and has no liability in relation to the content of any third party Sites, nor does it endorse any third party Site in any way. | |
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13.1 |
We shall investigate any suspected or alleged breach of this Agreement and in doing so we will act reasonably and fairly at all times.We reserve the right to take any action we deem reasonably appropriate and proportionate to the breach of the Agreement. | |
13.2 |
If we decide that you have breached the Agreement, and if the breach is capable of remedy by you, we will give you seven (7) days notice of our intention to suspend or cancel the Service and you will have the opportunity to remedy the breach before the end of the seven (7) day notice period. If the breach is incapable of remedy, or you fail to remedy it, we reserve the right to suspend or end the Service at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service. Particular examples of breaches which are incapable of remedy include jeopardising or compromising the security or integrity of our network or the network of any of our suppliers and serious breach of the AUP, including, for example, the posting or transmission of defamatory content through or in connection with the Service. However it may be necessary, due to the severity of the breach, to suspend or end the Service whilst details of the breach are investigated further. | |
13.3 |
Without limitation, you expressly authorise us to use your personal data and other Account information in connection with any such investigation, including by disclosing it to any third party whom we consider has a legitimate interest in any such investigation or its outcome. | |
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14.1 |
Either party may end this Agreement to take effect after the Minimum Period of Service by giving the other party not less than thirty (30) days' written notice. If you wish to end this Agreement before the end of the Minimum Period of Service, BBCW shall be entitled to charge you fees which would have been payable by you for the balance of the Minimum Period of Service. If you move from your Premises, BBCW shall be entitled to charge you fees, which would have been payable by you for the balance of the Minimum Period of Service at the Premises. If you wish to receive the Service at a new location, you are required to start a new contract for Service at your new premises. In such circumstances you will be required to pay a reconnection charge, however, you will not be required to pay for a new modem should you choose to continue to use your existing modem or any outstanding unpaid fees for the remainder of the Minimum Period of Service at your original premises. | |
14.2 |
BBCW may end this Agreement immediately upon written notice to you if: | |
14.2.1 |
it becomes unlawful for BBCW or the Carrier supporting the Service to continue to provide the Service or BBCW or the Carrier supporting the Service is required to cease the Service by a competent regulatory authority; | |
14.2. 2 |
any Carrier supporting the Service ceases to do so for whatever reason or materially changes the terms of its provision of telecommunications services directly or indirectly to BBCW for the Service beyond the reasonable control of BBCW; | |
14.2. 3 |
you (or a third party acting on your behalf or instruction) fail to comply with any of the material terms or conditions of this Agreement including your obligation to pay and you do not remedy such failure within fifteen (15) Business Days of a request to do so; or | |
14.2. 4 |
it transpires following the Agreement Date that, for any reason not within the control of BBCW, the Services will not be able to be provided to you. | |
14.3 |
You may terminate this Agreement if BBCW fails to comply with any material terms and conditions of this Agreement and BBCW does not remedy such failure within fifteen (15) Business Days of a request by you to do so. | |
14.4 |
In the event of termination in accordance with paragraph 14.2.1, 14.2.2, 14.2.4, and 14.3, BBCW shall repay to you any fees which you have paid in advance for the Services. | |
14.5 |
Your right to use the Service shall immediately terminate when this Agreement comes to an end. | |
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15.1 |
You have a right to cancel the service within seven (7) Business Days of the Agreement Date without incurring any obligation or liability to BBCW.Any use of the Service by you, including the opening of the Foil Envelope, during this period, will act as a waiver of this right to cancel.We will refund all monies you have paid to us within 30 days of receipt of your notification that you wish to cancel. If you choose to do this, please phone us on 0845 270 0203 or write to us indicating your intention to cancel by sending an e-mail to beebhelp@beeb.net. You cannot cancel once you have opened your Foil Envelope. In the event that you cancel the Service but have either already received or subsequently receive the CPE, you must take reasonable care of the CPE and within fourteen (14) days of cancelling the Service, return the CPE in accordance with clause 10.7 above. Any CPE being returned must be in no worse a condition than it was at the time of delivery to you. | |
15.2 |
Other than as set out in paragraph 15.1 above, you shall not have the right to cancel the Service after the Agreement Date as provisioning of the Service by BBCW and the Carrier will have been initiated. Other than cancellation under paragraph 15.1, if you attempt cancellation after the Agreement Date or after opening the Foil Envelope you will be liable to pay the Service fee set out on the Order Form and Welcome Letter for the Minimum Period of Service. | |
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16.1 |
Nothing in this Agreement shall exclude or limit our liability for (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees or (b) fraud. | |
16. 2 |
Subject to Clause 16.1 BBCW shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for: | |
16.2.1 |
any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); | |
16.2.2 |
any loss of goodwill or reputation; | |
16.2.3 |
any loss suffered due to changes to the BT exchange line resulting in termination or suspension of the Service; or | |
16.2.4 |
any special, indirect or consequential losses or any destruction of data, in any case, whether or not such losses were within the contemplation of either of the parties at the date of this Agreement, suffered or incurred by either party arising out of or in connection with the provisions of, or any matter under this Agreement. | |
16.3 |
Excepting paragraphs 16.1 and 16.2, our liability in contract, tort, negligence or otherwise arising in connection with this Agreement shall be limited to the price paid by you for the Services and the CPE in the 12 month period in which the event or events first arose, where such 12 month period shall commence with the Minimum Period of Service and each 12 month period thereafter. | |
16.4 |
You are solely responsible for any liability arising out of any content provided by you and/or any material to which other users can link to through such content. | |
16.5 |
Each provision of this Clause 16 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of these Conditions. | |
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17.1 |
You must indemnify us against any claims or legal proceedings arising from your use of the Service under this Agreement (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person where you are at fault. | |
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18.1 |
We may retain your personal data collected during the Order process, and you authorise us to use your personal data, for the following purposes: | |
18.1.1 |
provision of the Service to you; | |
18.1.2 |
keeping of a record for a reasonable period after termination of your Service; | |
18.1.3 |
operation and enforcement of this Agreement; | |
18.1.4 |
technical maintenance; | |
18.1.5 |
providing you with information about other BBC Worldwide products or services; | |
18.1.6 |
legal compliance including disclosing it to any third party who we reasonably consider has a legitimate interest in any such investigation or its outcome; and | |
18.1.7 |
transferring it to RIPE NCC as part of a general requirement for provision of these services within Europe. | |
18.2 |
Without limitation, you expressly authorise us to: | |
18.2.1 |
use your personal data and other Account information as detailed in Clause 13.3 above; | |
18.2.2 |
pass your personal data and other Account information to a third party in the event of disposal by us of the business which provides this Service to that third party. | |
18.3 |
Please note that the actual access and other Internet services within this Service are provided by THUS PLC for and on behalf of BBCW and the billing services are provided to THUS PLC by Hansen DataTrue Limited. Both are trusted partners of BBCW and are merely providing services to BBCW. These companies or any other third parties who replace them will be processing your information on behalf of BBCW but have absolutely no rights to any independent use of your data. | |
18.4 |
You can check that the information which we are holding is accurate by e-mailing us at beebhelp@beeb.net.Also, even if you have consented to receive marketing information from us you can request that we do not contact you with further information by e-mailing us at any time at beebhelp@beeb.net. | |
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| A cookie is a small amount of data, which is sent to your browser by the web server, stored on your computer, and then sent back when you subsequently look at pages on that server. Cookies are used as a tracking mechanism, however, these cookies will not collect personally identifiable information.They will only be used to allow aggregated statistical reports to be compiled by the BBCW or a third party involved with the provision of the Service.The information obtained from the cookies is gathered to monitor performance of the online order registration process only. If you choose not to have your browser accept cookies from the Site you will be able to view text which appears on the Site however, you may not be able to subscribe to the Service. | ||
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20.1 |
You may let us know of any complaints with the Service or give us notices under or in connection with these Conditions: | |
| 20.1.1 | by telephone, in which case you must quote your security phrase, on 0845 270 0203; | |
| 20.1.2 | by e-mail from elsewhere, in which case you must quote your address details including your postcode and your security phrase; or | |
| 20.1.3 | by post to Beeb.net Customer Services, 21 Tyndrum Street, Glasgow, G4 0JY. | |
20.2 |
Any notice to be sent to you will be sent to the address which you provide when submitting your Order and as contained on the Welcome Letter or such other address as you shall have given written notice of as the billing address. | |
20.3 |
As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received, and thereafter retain, an acknowledgement from us.This will normally be sent within seven (7) working days of our receipt of your notice. If you have not received an acknowledgement within seven (7) working days you must advise us accordingly. | |
20.4 |
This clause does not apply to notices sent to us regarding abuse of the Internet. Please send an e-mail to abuse@beeb.net for any notices regarding abuse of the Internet. | |
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21.1 |
BBCW reserves the right to assign or sub-contract any or all of our rights and obligations under this Agreement without your further consent to such assignment or sub-contract. | |
21.2 |
You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior written consent of BBCW. | |
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22.1 |
If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party's reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other party for such failure to perform its obligations. | |
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23.1 |
We reserve the right to add to and/or amend the Agreement at any time. If we do amend this Agreement, with the exception of changes in relation to fees which are dealt with separately in Clause 7.2 above, we will send you a letter or an email advising of the amendment thirty (30) days before the amendment is to take effect.You must read and will be deemed to have read e-mails from (beeb.net). You may terminate your use of the Service by sending us an email to beebhelp@beeb.net within thirty (30) days of receiving our notification.We will then reimburse you any fees paid to us for Service after such end date. If you continue to use the Service after any amendments to this Agreement have been notified to you and after the thirty (30) day period has expired, you will be deemed to have accepted such amendments. | |
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24.1 |
The Agreement shall be governed by the laws of England and Wales and the courts of England and Wales shall have non exclusive jurisdiction. | |
24.2 |
In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to this Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same. | |
24.3 |
Any failure by either of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. | |
24.4 |
Each of the parties acknowledges and agrees that in entering into this Agreement, and subject to the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement as a representation.The only remedy available to it for breach of the representations shall be for breach of contract under the terms of this Agreement. Nothing in this paragraph shall, however, operate to limit or exclude any liability for fraud. | |
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*Calls from a BT land line will be charged at 60p per minute, these charges may vary from other
operators or mobiles.