Terms of Business

Please read these terms and conditions carefully.

If you are unsure of your rights or responsibilities under them or you would like an explanation of any of them, please contact our Customer Services team today Free on 0800 505 3210†.

†Lines are open 9am-5pm, Mon-Fri.

Terms of Business for Connect Broadband Services

GENERAL SERVICE TERMS AND CONDITIONS

These Terms and Conditions are generic to a number of services
provided by the Supplier and shall not apply to the extent that
service specific terms and conditions appear on its website
www.4telgroup.com or bespoke terms & conditions
are agreed in writing with the Customer.

In the context of any particular Service, certain provisions of these Terms and Conditions may be inapplicable or subject to such change as is necessary.

Supplementary terms and conditions apply in respect of certain
products or services, details of which are also available under
those product descriptions on www.4telgroup.com

1. Definitions and Interpretation
Agreement: means these Terms and Conditions together with the
Order and any document referred to in the Order.
Associated Company: means any company which is a parent
company of the relevant entity or a subsidiary of such parent
company, where parent company and subsidiary have the meanings
set out in Section 736 of the Companies Act 1985.
BT: means British Telecommunications plc and its Associated
Companies.
Call Charge: means the Supplier’s charges for calls (billed in one
second units and the aggregate rounded up to the next £0.01) made
on the System (including reverse charge calls) as specified in the
Order or otherwise notified by the Supplier.
Charges: means any or all of the charges or other sums payable by
the Customer pursuant to this Agreement.
Connection Charge: means the non-refundable charge payable by
the Customer for installation and connection to the System as
specified in the Order or otherwise notified by the Supplier.
Customer: means the party purchasing the Service, as named in the
Order.
Early Termination Fee: means the amount determined in its
discretion by the Supplier and notified to the Customer following
early termination, not exceeding (a) the Rental for the balance of the
Minimum Period that remains outstanding or (b) if no Rental is
payable, a sum equal to the arithmetic average of the Customer’s
monthly invoices prior to termination and based upon the last three
full calendar month’s invoices, multiplied by the number of complete
calendar months left in the Minimum Term after the date of
termination (but including the month in which the date of termination
falls) together with (both for (a) and (b)) an administration fee of
£30.00 plus VAT.
Exchange Line: means apparatus forming part of the System used
by the Supplier to connect the Site to a telephone exchange to
provide the Service.
IPR: means all intellectual property rights including, without limitation,
copyright, patents, trade marks, registered designs, design rights,
mask works, know how and all other similarly protected rights.
Minimum Period: means twelve (12) months (or such period
as is referred to in the Order) from the date that the Service is first
delivered to the Customer. If the Service is provided in discrete
elements (such as separate Exchange Lines or separate Sites) then
each discrete element shall have its own Minimum Period.
Offending Material: means any material, data, images or information
that is:
(i) in breach of any law, regulation, code of practice or Supplier’s
acceptable use policy (available on www.4telgroup.com) or
(ii) offensive, indecent, defamatory, obscene or menacing or
otherwise offensive, or
(iii) in breach of confidence, IPR, privacy or any right of a third party.
Ofcom: means the Office of Communications or any similar office (or
nearest equivalent overseas regulator, if applicable) that may be
appointed in addition or in substitution.
Order: means the Service or Sales Order Agreement or such other
document(s) that the Supplier deems to constitute the Order.
Rental: means the monthly fee (including line rental, equipment
rental, and other rental) payable by the Customer for the Service, as
set out in the Order or otherwise notified by the Supplier.
Service: means any and all of the services that the Supplier has
agreed to supply to the Customer, as set out in the Order.
Site: means any or all of the Customer’s sites at which the Supplier is
providing the Service.

Supplier: means 4tel Communications Limited,
(Company number 4512684) whose registered office is at Carrick Business Centre, Commercial Road, Penryn. TR10 8AR
Supplier’s Equipment: means any equipment owned by the Supplier
or its licensors that the Supplier uses to provide the Service.
System: means the electronic communications network that the
Supplier uses to provide the Service.
Working Day: means 09:00 to 17:00 Monday to Friday but excluding
public holidays in the relevant part of the United Kingdom.
Any reference in this Agreement to any provision of a statute or
regulation shall be construed as a reference to that provision as
amended, re-enacted or extended at the relevant time.

2. Duration and Scope of this Agreement
2.1 This Agreement commences on the date of acceptance of the
Order by the Supplier and will continue (subject to Clause 7)
until terminated by either party on 30 days (or such period as is referred to in the Order) written notice, to expire on or after the end of the Minimum Period. If the Customer terminates this Agreement after the Minimum Term and fails to give such written notice, the Customer shall (without prejudice to the Supplier’s other rights) pay a sum equal to the daily rate of the Customer’s arithmetic average monthly invoice based upon the Customer’s last three full calendar month’s invoices for each day left in such notice period, together with an administration charge of £30.00 plus VAT.
2.2 If the Customer terminates the Agreement (other than validly
under Clause 7) during the Minimum Period, the Customer shall
(without prejudice either party’s other rights including in respect
of Charges payable for the period up to the date of termination)
pay the Early Termination Fee.
2.3 If no Rental is payable and the Customer does not (other than
for reasons of the default of the Supplier or Clause 9) incur Call
Charges in any month during the Minimum Period, the
Customer shall in respect of each such month pay a minimum
Charge equal to the arithmetic average of the Customer’s last
three monthly invoices prior to the month when no Call Charges
were incurred.
2.4 The Customer shall provide such information as is reasonably
requested by the Supplier, and also access to the Site for the
Supplier, BT and anyone acting on their behalf, to carry out
their obligations. The Customer acknowledges that the Supplier
may not be readily able to process the provision of the Service
until such information and access is provided.
2.5 The Customer shall provide a suitable and safe working
environment for the Supplier, BT and anyone acting on either of
their behalf, to the Customer's premises.

3. The Supplier’s General Obligations
3.1 The provision of the Service is subject to all relevant licences,
infrastructure (or interconnect arrangements) and consents
being in place. The Supplier shall use reasonable endeavours
to meet any agreed dates but shall not be liable for failure to
meet them. The Customer shall obtain any consent (including
landlord’s consent) or facility that is reasonably requested for
the Supplier to provide the Service on the Site.
3.2 The Supplier shall exercise the reasonable care and skill of a
competent communications operator but the Service cannot be
guaranteed to be fault free.
3.3 The Customer shall report any fault to the Supplier’s Customer
Services Department, where it will be dealt with in accordance
with any agreed fault repair service. The Supplier may request
that the Customer first have its designated maintainer check
and/or re-program the Customer’s equipment. If the Supplier
agrees to fix a fault that is caused by the Customer or that
otherwise falls outside the responsibility of the Supplier or
where no fault is found, the Supplier may charge the Customer
for any work that the Supplier has undertaken at its applicable
man-hour rate.
3.4 Where the Supplier allocates telephone numbers to the
Customer, the Customer will not (without prejudice to any
statutory number portability rights) acquire any rights
whatsoever in such telephone numbers. The Customer will not
apply for registration of the telephone numbers as part of a
trademark. The Supplier may change any telephone number
allocated to the Customer after giving reasonable notice where
such change is necessary or desirable to comply with the law,
any Ofcom decision or for operational reasons.

3.5 The Supplier does not accept any liability for claims relating to
the Customer’s ability to use or to continue use of a particular
telephone number.

4. The Customer’s Obligations
4.1 The Customer shall not utilise and shall ensure that no other
person uses the Service:
4.1.1 For sending, knowingly receiving, uploading,
downloading, using or re-using any Offending Material; or
4.1.2 Unlawfully or fraudulently or in breach of any legislation;
or
4.1.3 To make nuisance Calls; or
4.1.4 Contrary to instructions that the Supplier may reasonably
give to the Customer from time to time.
4.2 The Customer will provide the Supplier with all information that
the Supplier reasonably requests and allow the Supplier to use
that information for credit checking and debt collection
(including disclosure to and use by third parties acting for the
Supplier) and any other uses and disclosures allowed by the
Data Protection Act 1998 and will allow the Supplier to disclose
such information to the extent that the Supplier is required to do
so by Ofcom, the law or any relevant authority. In addition, the
Customer consents to the Supplier disclosing to BT, and BT
processing, the Customer’s personal data for the purposes of
the performance by BT of its obligations in so far as relevant to
this Agreement.
4.3 The Customer shall keep all of the Supplier’s Equipment and
BT’s equipment at the Site safe and shall pay for the
replacement and/or repair of any of the Supplier’s Equipment or
BT’s equipment which is lost, damaged (otherwise than by fair
wear and tear) or destroyed. The Customer shall not alter or
move any of the Supplier’s Equipment or BT’s equipment, nor
do anything that is likely to damage or adversely affect its
performance, nor remove or deface any words or signs on it,
nor permit anyone else to do so. The Customer shall not sell,
let, mortgage, charge, pledge, dispose of or do anything that
would prejudice the Supplier’s Equipment or BT’s equipment or
the System in any way. The Customer will allow the Supplier to
inspect, test, modify, change, add to, replace or remove any
Supplier’s Equipment or BT’s equipment, either remotely or via
a designated maintainer. At the end of the term of the
Agreement, the Customer will allow the Supplier and BT
access at all times to collect any of the Supplier’s Equipment
and BT’s equipment at the site or in the Customer’s possession
or control.
4.4 The Customer shall at its own cost arrange for the required Site
specific conditions, as notified by the Supplier. This will
include, without limitation, a suitable location, mains electricity
supply, connection points and computer terminals. In addition,
the Customer shall comply with any reasonable instructions
given by the Supplier or BT which they respectively believe are
necessary for health, safety or the quality of the Service.
4.5 The Customer shall ensure that any equipment (excluding
Supplier’s Equipment) that it uses in connection with the
Service meets any legal or regulatory requirements and is
approved for connection to the System. If not, the Customer
must immediately disconnect it or allow the Supplier to do so at
the Customer’s expense.

5. Payments
5.1 The Customer shall pay for the Connection Charge when the
Service is available to the Customer, for the Rental monthly in
advance and for the Call Charges after the end of the month in
which the relevant calls were made. The Customer shall pay all
Charges whether the Customer or someone else uses the
Service. The Call Charges will (in the absence of fraud or
manifest error) be calculated using the details recorded or
logged by the Supplier and not details recorded by the
Customer. Where no Rental Charge is payable, the Customer
shall pay a minimum of £10.00 per month plus VAT Charges.
5.2 The Customer shall pay any charges for cancellation, abortive
visits, engineering visits or site surveys, or maintenance service
imposed on the Supplier by BT relating to the Service, save
where such abortive visit or service maintenance charges arise
through the Supplier's default.
5.3 If the Customer disputes any invoice, it must notify the Supplier
within eleven (11) months of the date of the invoice giving its reasons.

5.4 The Charges are exclusive of Value Added Tax, which shall be
payable by the Customer in addition to the Charges at the rate
applicable from time to time.
5.5 The Customer shall (without set-off or deduction) pay in pounds
sterling all invoices issued by the Supplier within thirty (30) days
(or such other period as is specified in the Order) of the date
upon them. If the Customer’s credit rating decreases at any
time, the Supplier shall be entitled to revise the credit terms to
require payment in less than thirty (30) days. If the Customer
fails to make payment by the due date in full, in addition to the
Supplier’s right to suspend set out in Clause 6.1, the Supplier
may charge interest at the rate specified in the Late Payment of
Commercial Debts (Interest) Act 1998 on any amounts
outstanding from the due date for payment until payment is
made in full. Time is of the essence in relation to payments due
from the Customer and the Supplier reserves the right to treat
any failure to pay on time as a repudiatory or material breach
by the Customer. In addition, the Customer shall pay all
reasonable third party costs incurred by the Supplier in securing
payment from the Customer.
5.6 Where the Charges are fixed for the Minimum Period, the
Supplier may at any time with effect on or after the expiry of the
Minimum Period, change the level of its Charges after giving
the Customer four (4) weeks written notice of its intention to do
so. This notice may be included in an invoice to the Customer.
5.7 The Supplier may also change the level of its Charges during or
after the Minimum Period, retrospectively as well as
prospectively, as a consequence of (a) any Ofcom direction,
determination, order or similar decision, or (b) any change in
BT's wholesale or interconnect charges to the Supplier. In both
cases, the Supplier shall only be entitled to change the level of
its Charges where the foregoing impacts upon the basis upon
which the Charges were calculated. This notice may be
included in an invoice to the Customer.

6. Suspension and Variation of the Service
6.1 The Supplier may suspend or vary the Service (without
compensation unless directly due to the default of the Supplier)
for any period during which:
6.1.1 The Supplier is required to do so in order to avoid a breach of the Communications Act 2003 or the Supplier’s authorisation under it;
6.1.2 The Supplier is obliged or requested to comply with an order or instruction of, or a recommendation or request to take such action received from the Government, Ofcom, an emergency services organisation or a competent administrative authority;
6.1.3 The Supplier reasonably suspects or believes that the
Customer is in breach of Clauses 4.1 or 5;
6.1.4 The Customer’s credit rating decreases at any time, and the Customer fails to supply security reasonably acceptable to the Supplier in response to a request from the Supplier; or
6.1.5 The Supplier's contract with BT relating to the Services
is suspended, varied or terminated. The Supplier shall try to notify the Customer as soon as reasonably practicable of such suspension or variation.
6.2 The Customer acknowledges that BT may make take action or
fail to take action which may result in disruption in the Service.
6.3 The Customer shall reimburse the Supplier for all reasonable
costs and expenses incurred as a result of the suspension and
any re-commencement or variation of the Service where
suspension or variation is implemented as a result of any act or
omission of the Customer.
6.4 The Supplier may at any time suspend the Service or any part
of it:
6.4.1 To vary the technical specification of the Service in
order to comply with any relevant law or regulation or
direction from a competent authority; or
6.4.2 To repair, maintain or improve the Service.
The Supplier will, during such suspension under this Clause
6.4, try to ensure that minimum disruption is caused to the
Service.
6.5 The Supplier reserves the right to vary the terms and conditions
of this Agreement by placing the revised terms and conditions
on its website www.4telgroup.com under
“Product” for the relevant Service. Any variation to these terms
and conditions will be placed on the website (or otherwise
notified to the Customer) not less than one (1) month before
such variation is to take effect, except in the case of a Third

Party Variation which means a variation which the Supplier
considers is required as a result of a change in (a) the law or a
decision of Ofcom or other relevant authority or (b) any service
of any other operator on which the Supplier relies to provide the
Service. A Third Party Variation shall take effect as soon as the
law or underlying service changes. The Supplier shall place the
change on the website as soon as reasonably practicable. If the
variation (other than a Third Party Variation) materially
prejudices the Customer, the Customer may before the
variation takes effect give written notice to the Supplier
objecting to the variation, in which case the variation shall not
apply to the Customer, (unless otherwise agreed with the
Customer, such agreement not to be unreasonably withheld or
delayed). If the Supplier does not receive notice of the
Customer’s objection to a material variation prior to the
variation taking effect, the Customer will be deemed to have
accepted it. The Customer should periodically check the
Supplier's website www.4telgroup.com to make
itself aware of any variations.

7. Termination
7.1 Either party may immediately terminate this Agreement by
written notice if the other party commits a material breach that
is not capable of being remedied.
7.2 Either party may serve written notice requiring the other party to
remedy within two (2) Working Days in the case of an overdue
payment and thirty (30) days in any other case, of receipt or
deemed receipt of the notice a material breach of this
Agreement that is capable of remedy. In the absence of a
remedy in this period, the party that served notice to remedy
may immediately terminate this Agreement, confirmed written
notice.
7.3 Either party may immediately terminate this Agreement,
confirmed by written notice, if the other party commits an act of
bankruptcy or goes into or is put into liquidation (other than
solely for the purposes of a reconstruction or amalgamation) or
if a receiver, administrative receiver or administrator is
appointed over all or part of the other party’s assets or the other
party suffers seizure of any of its property for non payment of
monies owing.
7.4 If this Agreement is signed before the Supplier has completed
its credit check of the Customer, the Supplier shall be permitted
to suspend and/or terminate this Agreement immediately if the
Customer fails to pass the Supplier’s credit policy. The
Supplier will notify the Customer.
7.5 The Supplier shall be permitted to terminate this Agreement
immediately by written notice at any time for the reasons set out
in Clauses 6.1.1 and 6.1.2.
7.6 The rights to terminate this Agreement given by this Clause 7
shall be without prejudice to any other right or remedy of either
party in respect of the breach concerned (if any) or any other
breach.
7.7 Following termination of the Service, service may be
disconnected unless the Customer makes alternative
arrangements with the Supplier or another communications
service provider.

8. Limitations and Exclusions of Liability
8.1 The Supplier's duty in performing any obligations under this
Agreement is only to exercise reasonable care and skill of a
reasonably competent communications provider. This Clause 8
sets out each party’s entire liability (including any liability for
acts or omissions of its employees, agents or subcontractors) to
the other party in tort (including negligence), contract or
otherwise arising in connection with the performance, nonperformance or contemplated performance of this Agreement,
other than the payment of the Charges. Except as set out in
this Agreement, the Supplier provides no warranties, conditions
or guarantees as to the description or quality of the Service,
and all warranties, conditions or guarantees implied by or
expressly incorporated as a result of custom and practice,
statute, common law or otherwise are hereby expressly excluded so far as permitted by law.
8.2 Subject to Clause 8.4:
8.2.1 and subject also to Clause 8.2.2, the Supplier’s entire
liability for non-fraudulent representation, or implied
warranty, condition or other term, or under any duty at
common law, or in tort (including negligence) or under
the express terms of this Agreement shall not in the

aggregate, in any period of twelve (12) months, exceed
the greater of (a) the Charges paid in respect of that
twelve (12) month period and (b) £25,000. If for any
reason this limit of liability shall be found to be unlawful
or invalid by a court of competent jurisdiction, the
Supplier’s entire liability as referred to in this clause
shall not exceed £1,000,000 for any one incident or
series of related incidents and £2,000,000 in aggregate
during the term of this Agreement.
8.2.2 if, in respect of loss or damage to physical property of
the Customer, the Supplier actually receives (after
taking into account of any deductible or excess)
insurance monies from its insurers in excess of the limit
referred to in Clause 8.2.1 in respect of such loss or
damage, the Supplier’s liability to the Customer for
such loss or damage shall not exceed such receipts.
8.3 Except in respect of the payment of the Charges and any
liability under Clause 8.4, neither party shall be liable to the
other party under the express terms of this Agreement or by
reason of any non-fraudulent representation or implied
warranty, condition or other term, or any duty at common law,
or any tort (including negligence), whatsoever and howsoever
caused, for any:
(a) loss or reduction of profits
(b) loss or reduction of revenue or income
(c) increased costs of operation
(d) loss of or damage to business
(e) loss of or damage to goodwill or reputation
(f) loss or reduction of anticipated savings
(g) loss or corruption of, or damage to, data
(h) loss or reduction of use
(i) damages payable or other payments to any third party, or
(j) indirect or consequential or special loss or damage.
8.4 Neither party excludes or restricts its liability for death or
personal injury resulting from its own negligence or for
fraudulent misrepresentation.
8.5 Each of the Supplier and the Customer acknowledges that it
considers the provisions of this Clause 8 to be reasonable,
taking account of the other terms of this Agreement (including
the Charges, which have been based upon the allocation of risk
in this Agreement) and its ability to insure against losses which
may arise from any breach by the other Party of its obligations
under this Agreement.
8.6 The provisions of this Clause 8 shall survive termination or
expiry of the Agreement.

9 Circumstances Beyond Reasonable Control
9.1 Neither Party shall be liable for any delay in performing its
obligations under this Agreement caused by circumstances
beyond its reasonable control. These are circumstances such
as, but not limited to, Acts of God, insurrection or civil disorder
or military operations, national or local emergency, acts or
omissions of government or other competent authority or
regulatory authority, acts or omissions of suppliers or other
communications network operators, fire, flood, lightning or other
weather of exceptional severity, radio interference, line-of-sight
interference, subsidence, explosion or industrial disputes. This
Clause does not apply to the Customer’s obligation to pay.
9.2 If either party is affected by circumstances beyond its
reasonable control, it shall notify the other party and shall use
reasonable endeavours to overcome the effects. If those
effects continue for more than three (3) months, the parties
shall enter into a discussion to agree, in good faith, the best
way forward.

10 Notices
10.1 Notices must be written and delivered by (a) hand, (b) facsimile
or electronic mail (confirmed by first class pre-paid post in
respect of posting and delivery within the UK or airmail
otherwise) or (c) first class prepaid post in respect of posting
and delivery within the UK or airmail otherwise. The address
for service on the Supplier (subject to any change notified by
the Supplier) is: 4tel Communications Limited, 1st Floor, Carrick Business Centre, Commercial Road, Penryn. TR10 8AR
10.2 The address for service on the Customer is as set out in the
most recent invoice.
10.3 A notice will be deemed served as follows:
10.3.1 By hand, on delivery except where this is outside a
Working Day, in which case the next Working Day;

10.3.2 By fax (written record of successful dispatch) on
delivery except where this is outside a Working Day, in
which case the next Working Day;
10.3.3 By electronic mail on delivery except where this is
outside a Working Day, in which case the next Working
Day, provided that either a telephone call is made to
and received by the recipient informing the recipient of
the date and time of that electronic mail message or the
recipient expressly or impliedly acknowledges receipt of
the electronic mail message;
10.3.4 Two Working Days after posting, if posted in and for
delivery in the UK; or five Working Days if otherwise.

11 General
11.1 A delay in enforcing rights under this Agreement shall not be a
waiver unless expressly granted in writing.
11.2 The unenforceability or invalidity of any part of this Agreement
shall not affect the enforceability or validity of the remainder of
it.
11.3 The termination or expiry of this Agreement shall be without
prejudice to the rights of either party, which have accrued prior
to termination or expiry. Clauses that are expressed to survive
or which are by implication intended to survive termination or
expiry of this Agreement shall so survive.
11.4 Where an Order is signed (or, in the case of Orders taken over
the telephone, a contemporaneous recording of the telephone
Order is made by the Supplier) this Agreement contains the
entire agreement and supersedes all other agreements and
understandings between the parties with respect to its subject
matter. Any terms proposed by the Customer that are not
expressly accepted in the Order shall be invalid. Subject to
Clause 8.4, each party acknowledges that, in entering into this
Agreement, it does not do so on the basis of, and does not rely
on, any representation, warranty or other provision except as
expressly written in this Agreement, and that its only remedy
can be for breach of contract. Nothing in this Clause shall
operate to limit or exclude any liability for fraud.
11.5 This Agreement is not intended to be for the benefit of and shall
not be exercisable by, any third party under the Contracts
(Rights of Third Parties) Act 1999 or otherwise and neither
party can declare itself trustee of the rights under it for the
benefit of any third party.
11.6 The Supplier may transfer or assign its rights and obligations to
any of its Associated Companies or to any purchaser of the
whole or a substantial part of the Supplier’s retail business and
may sub-contract any of its obligations. Otherwise, neither
party may transfer, assign, sub-licence or subcontract any
rights, licences or obligations under this Agreement without the
prior written consent of the other party, which will not be
unreasonably withheld or delayed.
11.7 English law shall govern the validity, construction and
performance of this Agreement and the parties submit to the
exclusive jurisdiction of the English Courts.

TERMS AND CONDITIONS FOR CONNECT MAX BROADBAND

These Terms and Conditions are supplementary to the General
Service Terms and Conditions.

1. Additional Definitions
All terms defined in the General Service Terms and Conditions shall
have the same meaning in these Terms and Conditions and, in
addition, the defined terms set out below shall apply to these Terms
and Conditions only.
Provisioning Procedure: means the procedure set out in Schedule
1 for the issuing of an Order and delivery of the Service;
RFS Date: means the date on which the Supplier notifies the
Customer that the individual DSL requested under an Order is ready
for Service by the Customer;
Transmission: means a signal transmitted over the Supplier’s or its
licensor’s network.

2. Scope of this Agreement
2.1 Prior to RFS Date, the Supplier reserves the right to revoke its
acceptance of any Order where the Services cannot be
reasonably delivered to the Site in question having due regard
to the any technical issues arising.
2.2 If, after acceptance, the Customer cancels or amends any
Order prior to the RFS Date the Supplier will be entitled to
pass on to the Customer any charges for the installation or
provisioning of that Order levied on the Supplier by its licensor
or BT.
2.3 The Supplier shall be entitled to reject any Order if the
Customer has provided the Supplier with incorrect or
incomplete information necessary for registration as part of the
Provisioning Procedure.
2.4 The Customer and the Supplier shall agree a forecast of the
Customer’s likely capacity requirements three (3) months in
advance for a six (6) month period. The Supplier agrees to use
reasonable endeavours to provide such capacity for the
Customer and in good faith subsequent months capacity
forecast based on similar projections as agreed between them.
2.5 The provisions of Schedule 2 shall apply.

3. The Supplier’s Additional Obligations
3.1 The Supplier shall consult with the Customer, as appropriate in
the circumstances, by means of letter or e-mail as to the time
periods for conducting routine maintenance or upgrading
works to the Supplier Equipment and/or the System. The
Supplier shall notify the Customer as soon as reasonably
practicable of such works, and where reasonably practicable
prior to such works, and shall use its reasonable endeavours
to carry out such routine maintenance or upgrading during
such times as the traffic over the Internet or private network (if
applicable) is at its lowest.
3.2 Notwithstanding Clause 3.1, the Supplier shall be free to carry
out emergency or urgent maintenance to the Supplier
Equipment and/or the System at any time to ensure the
Services are continued to be supplied. Wherever reasonably
possible, any emergency or urgent maintenance will be carried
out during such times as the traffic over the Internet (if
applicable) is at its lowest. The Supplier shall advise the
Customer as soon as reasonably practicable of any such
emergency or urgent maintenance and where reasonably
practicable prior to such works.

4. The Customer’s Additional Obligations
4.1 The Customer shall additionally not utilise and shall ensure that no other person uses the Service:
4.1.1 To knowingly make available or upload files that contain software or other material, data or information not owned by or licensed to the Customer;
4.1.2 To knowingly make available or upload files that contain a virus or corrupt data;
4.1.3 To falsify the true ownership of software or other material or information contained in a file that the Customer makes available via the System;
4.1.4 To “spam” or otherwise deliberately abuse any part of the System; or
4.1.5 To obtain access, through whatever means, to notified
restricted areas of the System.
4.2 The Customer shall notify the Supplier of any existing technical or other facilities (of which it is should reasonably be aware) including, but not limited to, water and gas which could be damaged during installation of the Supplier Equipment.
4.3 The Customer will be responsible for charges and expenses levied on the Supplier by BT directly or via its licensor where the Customer has requested an engineer to visit any Site to carry out remedial works which in the event are substantially attributable to the act or omission of the Customer and not to BT provided always that the Supplier shall be responsible for BT’s charges and expenses where the fault is substantially attributable to the Supplier’s act or omission.

5. Suspension of the Service
The Supplier may additionally at any time suspend the Service or
any part of it, without liability, at any time make any changes to the
Services supplied to the Customer which in the reasonable opinion
of the Supplier are necessary to comply with any applicable safety,
regulatory or other statutory requirements; or to preserve the
integrity or avoid degradation of the System. The Supplier will,
during such suspension, try to ensure that minimum disruption is
caused to the Service.

6. Confidentiality and Data Protection
The Customer hereby agrees to the Supplier using and storing
information relating to any Transmission, without limitation,
information as to origin, destination, duration, route and time,
exclusively for the purpose of collating statistics therefrom which will
be of assistance to the Supplier or its licensor in its network and
business planning, provided that the Supplier uses and stores such
information strictly in accordance with the provisions of the Data
Protection Act 1998.


SCHEDULE 1
ADSL CONNECTIVITY SERVICES

Interpretation
In this Schedule the following expressions shall have the following
meanings unless the context otherwise requires:
DSL Access: means an individual DSL circuit;
API: means Application Program Interface;
CPE: means Customer Premise Equipment, and refers to equipment
provided by the Supplier located at a Site;
First Line Support means the facilities to highlight and report
potential Service issues;
USB Modem: means Universal Serial Bus Modem;
RADIUS: means Remote Authentication Dial-IN User Services;
Technical Support: Means the provision of resources to resolve
complex network delivery problems.

1. ASDL Services
1.1 The Supplier will provide Asymmetric Digital Subscriber Line
(ADSL) or Symmetric Digital Subscriber Line (SDSL) services
using the Customers existing BT telephone lines to provide a
data connection to enable the use of email, Internet access,
intra-corporate Local Area Network communication or other
such service.
1.2 The Supplier will provide a product portfolio including
consumer and business grade connectivity options as
requested by the Customer in any given Order.

Connect Max Broadband

• IPStream “Wires Only” DSL solution including
• Supplier Radius
• NAT and NO NAT option
• Static IP Address(es)
• 10:1, 20:1 & 50:1 Contention
• Up to 8Mb/sec download capacity (line dependent)
• Access to Public Internet
• The DSL connection can support both Data and Voice
• ISDN Conversion to DSL (allows for automatic conversion
of ISDN to PSTN)

2. Provisioning
2.1 The Supplier must receive Orders in an electronic format
acceptable to the Supplier.
2.2 The Supplier will progress the Order with any third party
telecommunications provider as necessary.
2.3 Cancellation of DSL lines will be achieved by issuing a manual
cancellation order confirmed by email. The Customer shall
give three days notice for the cancellation of any individual
line, but for the avoidance of doubt, cessation of individual
lines shall be subject to third party processes and timescales.
Charges will be applicable up to the date of actual cease.

3. Supplier’s Additional Responsibilities

IPStream DSL wires only

The Supplier shall be responsible for the following items:
• The implementation of NAT or No NAT
• Implementing DSL connectivity
• The implementation of Static IP address(es)


4. Customer’s Additional Responsibilities

IPStream DSL wires only

The Customer shall be responsible for the following items:
• The provision of CPE
• BT PSTN line (not cable)
• The decision on the option of NAT or No NAT
• Where necessary the supply and configuration of Firewall system
• The connection and configuration of user equipment to be
connected to DSL service


SCHEDULE 2
COMMERCIAL TERMS

TERM
Minimum Term - Twelve (12) months (or such period as is referred to in the Order)

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