Metronet Terms and Conditions for Internet Services and/or the sale of Equipment ("Conditions")
These terms applied to customers who signed up between Friday
26th September 2008 and Thursday 17th September 2009.
1. Definitions and Interpretations
1.1 The following definitions shall apply in this Agreement.
"ADSL" means Asymmetric Digital Subscriber Line a technology for transmitting digital information at a high bandwidth on existing phone lines to homes and businesses.
"Agreement" means these Conditions and Annexes hereto, the Customer Order, and any other document that the parties agree in writing will form part of the Agreement.
"Broadband" means telecommunication in which a wide band of frequencies is available to transmit information.
"Broadband Products"means any product supplied by us which uses Broadband.
"Business" means but is not limited to a trade or profession.
"Charges"means any or all charges to the Customer payable to Metronet as shown on our website at www.metronet.co.uk whether for Internet access and/or any other Service or Equipment which you purchase from Metronet from time to time.
"Consumer" means any natural person who, in Agreements to which these Conditions apply, is acting for purposes which are outside his Business.
"Contact Us" means the tool at www.metronet.co.uk that enables electronic communications between You and the Metronet Customer Support Team.
"Customer"means the Consumer or Business so named on the Customer Order with whom Metronet enters into this Agreement. Also referred to as "you" in these Conditions.
"Customer Equipment" means any equipment provided by the Customer and not sold by Metronet to the Customer under this Agreement.
"Customer Order" means the signup at www.metronet.co.uk completed by the Customer or other Customer order for Services and/or Equipment.
"Domain Name" means any name and appropriate classification and/or geographic locator registered with an appropriate domain registry and converted to an Internet address by means of a Domain Name Server.
"Equipment"means goods provided by Metronet to the Customer under this Agreement including Hardware, Software, documentation or other materials.
"Hardware" means any physical product provided by us or on our behalf.
"Intellectual Property Right"includes patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyright, database rights, design rights, rights affording equivalent protection to copyright, semiconductor topography rights, trade marks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforementioned items, rights in the nature of any of the aforesaid items in any country or jurisdiction, rights in the nature of unfair competition rights and rights to sue for passing-off.
"Internet" means the global data network comprising interconnected networks using TCP/IP to which Metronet is connected and provides access to its Customers.
"Metronet"means Metronet, part of Plusnet Plc (Company Number 03279013) of The Balance, 2 Pinfold Street, Sheffield, S1 2GU. Also referred to as "we" or "us" in these Conditions.
"Metronet Customer Support Team" means the Customer support team contactable on the Contact Us tool on www.metronet.co.uk.
"Narrowband Products"means a dial-up product, for example, using an 0845 or 0808 number.
"Nominated third party" means any third party nominated by us to supply you with any Equipment or Services pursuant to this Agreement.
"Password"means the alphanumeric characters chosen and used exclusively by the Customer at his own risk for the purpose of securing and maintaining the exclusivity of his access to Metronet's service.
"PAYG"means Pay As You Go, Metronet's metered dial-up Internet access service, charged on a pence per minute basis. PAYG can also refer to Metronet's broadband Internet access service, charged on a per-Megabyte (MB) transferred basis.
"Portal" means the interface through which a Customer accesses Services provided by us, also referred to as "extranet".
"Premises"means the place where the Equipment will be delivered and installed in order to provide you with the Service.
"Service" means Services provided by Metronet to the Customer under this Agreement and includes all or any part of the range of Internet connectivity, subscriptions, content, services and applications provided to you by us.
"Software" means a program/programs used to operate computers and related devices.
"TCP/IP" means Transmission Control Protocol/Internet Protocol, the basic communication language or protocol of the Internet.
"User Name"means such sequence of alphanumeric characters as are used from time to time by the Customer to identify himself to other users of other computers to which Metronet is from time to time connecting or otherwise forwarding data to and from the Customer. User name also constitutes the customers parent administrative account name under which other services can be purchased.
"Working Days" means Monday to Friday, excluding Bank or other Public holidays in the United Kingdom.
1.2 In the event of any conflict (whether as to interpretation or otherwise) between the provisions of the Customer Order, these Conditions and Annexes, the provisions of any other Agreement or document referred to in these Conditions and Annexes the following order of precedence shall apply:
1.2.1 the Customer Order;
1.2.2 these Conditions and Annexes; and
1.2.3 any other Agreement or document.
2. Acceptance of Orders
Any Customer Order shall comprise an offer which must be expressly accepted by Metronet before an Agreement is completed in accordance with clause 4. Metronet reserves the right in its absolute discretion to refuse any such order. All Agreements are subject to the availability of the Service and/or Equipment ordered.
3. The Service
3.1 Subject to these Conditions Metronet will provide the Services and/or Equipment specified in the Customer Order.
3.2 Domain Name registration is subject to the availability of the requested Domain Name. The Customer acknowledges and accepts that registration may take from 1 to 40 days from the date of payment and receipt of full details.
3.3. Domain Name renewals are the responsibility of the Customer. The Customer must not rely upon receiving notification from Metronet or domain registrars, agents or resellers for domain renewals. It is the responsibility of the Customer to ensure that the renewal fee has been received by the registrar within the existing registration period. You should keep track of your domain renewal dates and renew them through Metronet in good time.
3.4 Any date indicated by Metronet as a date for connection is an estimate only and may be liable to change without prior notification to the Customer. Accordingly Metronet will not be responsible for any delay in connection beyond such a date. We will use reasonable endeavours to provide you with reasonable notice of any delay.
3.5 The Customer must inform Metronet of any change to their telephone, fax, email or other contact addresses prior to the change becoming effective. Any such change may impact on the Services offered to you, and may incur further charges.
4. When our Agreement with you starts
4.1 You can sign up for the Service or purchase Equipment online. By clicking on the "I Accept" button, you will be deemed to be making an offer to Metronet on the basis of these Conditions and all related policies, including the Acceptable Use Policy at Annexe 1 of these Conditions.
4.2 Acceptance is made when you receive notification of acceptance, or when the Service is activated, or when we accept receipt of the Charges (whichever is soonest) at which point, subject to clause 5 below, the Agreement shall commence. When we have processed your online sign-up registration, and received any Charges that are due from you, we will then provide you with the relevant Service.
4.3 Metronet will use reasonable endeavours to provide the Service and/or deliver Equipment by the date agreed with the Customer, but all dates are estimates and Metronet has no liability for any failure to meet any date.
4.4 The right to use the Service is personal to you or if you are a Business your employees. You must advise us if you suspect that someone else is using your account or is able to access your account.
4.5 You select the type of Service and duration of the Agreement during the completion of the Customer Order.
4.6 When we provide the Service to you, we promise to use all reasonable skill and care of a competent Internet Service Provider.
4.7 The terms of this Agreement shall prevail over any terms and conditions from the Customer with whom we are dealing.
5. Getting Started
5.1 For Narrowband Products
5.1.1 You will need to provide certain Customer Equipment as specified to you by us including modem and connection Software.
5.2 For Broadband Products
5.2.1 Before we can be certain that we can provide you with the Service, we need to:
22.214.171.124 successfully complete a line test and survey to demonstrate that we can effectively provide the Service to you; and
126.96.36.199 successfully activate the Service.
5.2.2 If the items contained in clause 5.2.1 cannot be successfully completed and, as a result, we cannot provide you with the Service, we will notify you as soon as possible through the Contact Us tool and by email.
5.3 We may give you some advice on preparing your Premises. As a minimum, you will need to provide a suitable location for any Equipment required to access the Service.
5.4 When Equipment is being installed at your Premises or your Service is being activated, the normal expectation is that you will be likely to lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be replaced to allow you to access the Service. You agree to a loss of telephone service in these circumstances, and we accept no liability for any loss arising from a loss of telephone service of any duration.
6.1 If you are purchasing Equipment from Metronet, whether on its own or in addition to the Service, you shall be subject to the Equipment Conditions in this clause 6.
6.2 Delivery, Title and Risk:
6.2.1 Any time or date stated for delivery is an estimate only. We will make every effort to dispatch Equipment on time, but we will not accept liability for failure to deliver within the stated time.
6.2.2 If we are unable to deliver the Equipment within 30 days of the date of the Customer Order, you, as your sole remedy, are entitled to cancel the order and require any monies paid to us in respect of that order to be refunded. In order to cancel in these circumstances, you must send your notice of cancellation to us using the Contact Us tool after the above date but before delivery of the Equipment or notification from us that the Equipment is ready for delivery.
6.2.3 We do not accept liability for shortages or damage to deliveries unless you notify us of the shortage or damage in writing through the Contact Us tool within 7 days of receipt of the delivery.
6.2.4 You have to accept the Equipment when it is ready for delivery.
6.2.5 Delivery is deemed to take place when the Equipment is delivered to your nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to you.
6.2.6 Title in the Equipment does not pass to you until payment is received in full by us, or when the Service is activated where applicable.
6.2.7 If you cannot accept delivery because you are not at home we may, at our option:
188.8.131.52 re-arrange delivery provided that we may charge you for the additional delivery costs incurred.
184.108.40.206 sell the Equipment at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to you any excess over the sale price or charge you for any shortfall or;
220.127.116.11 store and insure the Equipment at your expense and risk.
6.2.8 You may request a Proof of Delivery, provided that this request is made in writing through Contact Us tool within 3 months of the date of delivery and we shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
6.2.9 You are responsible for any wear and tear to Equipment. You will be subject to the terms and conditions and warranty specified by the Equipment producer for Equipment use. We will have no responsibility or liability for malfunctioning or defective Equipment.
6.2.10 Where Equipment is ordered as part of a Service, is shipped prior to the activation of the Service and the activation of the Service fails, the following applies:
18.104.22.168 You may choose to retain the Equipment, in which case you are liable for the full price of the Equipment as specified on our website at the time the order was placed;
22.214.171.124 You may choose to return the Equipment, in which case you will be responsible for shipping and associated costs incurred. The Equipment must be returned unopened and in perfect re-saleable condition. Any defacement of the producer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at our sole discretion;
126.96.36.199 Any refunds for activation, Equipment and initial subscription may be adjusted to reflect any outstanding charges or damage to any returned Equipment; or
188.8.131.52 We reserve the right to levy further charges if any Equipment is not returned or full payment received within 14 days of us notifying you of the failed activation.
6.3 Product specification:
6.3.1 We will make every effort to supply Equipment as advertised but we reserve the right to supply the Equipment subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice.
6.3.2 If we cannot supply the Equipment ordered by you, we reserve the right to offer Equipment of equal or superior quality at no extra cost. In such a case, if you do not wish to accept the alternative Equipment offered, you may cancel the order and require the refund of any money paid to us in respect of that order. This shall be your sole remedy in these circumstances.
6.4 Trade names and trademarks:
6.4.1 Trade names and trademarks are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
6.4.2 If no brand of Equipment is specified by us, and if you require a particular brand of Equipment you must check with us before placing an order to determine the brand of the Equipment you wish to purchase and specify in writing the brand you wish to purchase. If you do not do so, then you are deemed to accept the brand of any Equipment that we send you.
6.5 Installation Requirements, Access and Site Regulations:
6.5.1 To enable the installation of the Equipment, you will, at your own expense:
184.108.40.206 provide a suitable environment, use accommodation and foundations, including all necessary trunking, conduits, cable trays and ample power supply in accordance with the relevant installation, standards and manufacturers instructions;
220.127.116.11 take up or remove such fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers, as we or a nominated third party advise are necessary to install the Equipment, and carry out afterwards any making good or decorator's work required.
6.5.2 All preliminaries must be completed in advance of any installation work.
6.5.3 You must:
18.104.22.168 obtain all necessary consents, including consents for any necessary alterations to buildings; and
22.214.171.124 provide any electricity and connection points required by us or a nominated third party.
6.5.4 You will provide our or a nominated third party's employees, who produce a valid identity card, with access to any site at all reasonable times where reasonably required for the provision of the Service. We will normally only require access during normal working hours but may require you, on reasonable notice, to provide access at other times. We may agree to work outside our normal working hours, but you must pay any additional charges for doing so.
6.5.5 Our personnel will observe your reasonable site regulations, as previously advised to us in writing through the Contact Us tool.
6.5.6 You will provide a suitable and safe working environment for our personnel and personnel of our nominated third parties.
6.6 Software and documentation:
6.6.1 Where Software is supplied as the whole or part of the Equipment, we grant you, to the extent that we are entitled to do so, a non-exclusive, non-transferable licence to use the Software for the purpose for which it is supplied.
6.6.2 You will keep the Software and any operating manuals and other documentation supplied under the Agreement confidential, and will not disclose them other than to your employees, agents or contractors who need to use them to operate the Equipment. You will ensure that such employees, agents and contractors will themselves keep confidential, and not disclose to third parties, the Software and any operating manuals and other documentation supplied under the Agreement.
6.6.3 You will not, without our prior consent, copy (except as permitted by law), de-compile or modify the Software in any way, nor copy the operating manuals or documentation.
6.6.4 You will sign any agreement reasonably required by the owner of the copyright in the Software to protect the owner's interest in that Software.
6.7 Warranties and returns:
6.7.1 In the event that Equipment is found to be faulty or defective, we offer the returns facilities described below.
6.7.2 All Equipment supplied by us is warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such Equipment would normally be used, for a period of 12 months from the date of supply. Subject to this, however, Equipment is not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
6.7.3 We shall use our skill and expertise to carry out any contracted works ("Works") to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects for a period of 30 days after completion of the Works. In particular, we cannot be held responsible for any fault or damage not caused by our or our nominated third party's personnel.
6.7.4 In the event of a claim arising relating to the Works, we reserve, at our sole discretion, the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Works. Additionally, we cannot be held responsible for Equipment installed or configured when the Equipment has subsequently been altered or configured by persons other than our personnel or the personnel of our nominated third parties.
6.7.5 Except as expressly provided in this clause, all other express or implied terms or warranties relating to the Equipment or the Works are excluded to the fullest extent permitted by law.
6.7.6 You must check suitability and specifications of Equipment before ordering.
6.7.7 In the event that we, at our discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply), agree to accept the return for credit of unwanted Equipment, the Equipment must be returned with our prior written agreement through the Contact Us tool within 14 days of delivery. The Equipment must be unopened and in perfect re-saleable condition. All Equipment returned in these circumstances will be subject to a handling fee of 15% of our sale price for the Equipment, or £20, whichever is the greater.
6.7.8 Subject to testing to verify any alleged fault, and subject to the Consumer Protection (Distance Selling) Regulations 2000, we will accept the return of defective Equipment for full refund or replacement at our option, if, but only if the Equipment is returned within 14 days of delivery.
6.7.9 We will advise you through the Contact Us tool, as appropriate, of what method of delivery to use to return the Equipment. Depending on the nature of the Equipment purchased, we will either arrange a courier collection, or you must return the Equipment directly to us. If the Equipment is found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised Equipment returns must be sent to the address we notify you of when you request the return.
6.7.10 All returned Equipment must be accompanied by our Return Merchandise Authorisation number ('RMA Number') which can be obtained by using the Contact Us tool. Returned Equipment will not be accepted without an RMA Number. You must not write directly on the manufacturer's packaging. You must write the RMA number on the address label. Any defacement of the packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at our sole discretion.
6.7.11 We cannot accept liability for packages damaged during transit. It is your responsibility to package the Equipment adequately to prevent damage.
6.7.12 Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the Equipment for its full value.
6.7.13 On receipt of the returned Equipment we may test it to identify the fault you have notified to us. If following the testing process the Equipment is found to be in good working order, without defect, we may return the Equipment to you and the carriage costs of this return will be your responsibility. If you have required us to provide you with replacement Equipment before completion of the testing process, you will also have to pay for this Equipment.
6.7.14 This warranty will not apply if the Equipment has been worked upon, altered or damaged in any way by you or your employees or agents, or to Equipment not used in accordance with the producer's instructions.
6.7.15 Unless otherwise stated in the producer's documentation, all Equipment delivered to a UK mainland address carries a 12-month warranty. If you wish to make a warranty claim, you must comply with the producer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the Equipment producer to deal directly with the return. In these instances, we will provide you with the contact information for the relevant producer. If you are a Consumer, this does not affect your statutory rights.
6.7.16 No Software on which seals have been broken can be returned for credit. If any Software supplied by us is faulty, the producer will ordinarily replace it. If you are a Consumer this does not affect your statutory rights. Please note Software licences are non returnable unless the Software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
6.8 Health and Safety:
6.8.1 In accordance with the Health and Safety at Work Act, 1974 and the Consumer Protection Act 1987, we confirm that the Equipment we supply as a distributor does not present a hazard to health and safety:
126.96.36.199 when properly used for the purpose for which it is designed; and
188.8.131.52 when you take reasonable and normal precautions in its use.
7.1 If you are a Consumer:
7.1.1 Agreements for the purchase of Services and/or Equipment made over the telephone or through our website, or by mail order, are, with the exception of certain excepted Agreements subject to The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations").
7.1.2 If you have purchased Services then you may cancel this Agreement in relation to the Services in accordance with the Regulations within 7 Working Days beginning on the day after the day on which the Agreement is concluded. If the Services include line installation then, in relation to the line installation Service and related Services, this 7 day period is deemed to commence on the day after the day on which the Customer line is installed. In any 7 day period under this paragraph, you lose the right to cancel if the Service is used or otherwise performed within the 7 day period.
7.1.3 If you have purchased Equipment, then you may cancel this Agreement in relation to the Equipment in accordance with the Regulations within 7 Working Days beginning with the day after the day on which you receive the Equipment.
7.1.4 In accordance with the Regulations, the following exceptions apply to the right to cancel under clauses 7.1.2 and 7.1.3. If you have purchased audio or video recordings or computer software, then in any 7 day period under this clause you lose the right to cancel in relation to these when they are unsealed by you. Where they are supplied to you on-line, audio or video recordings or computer software shall be deemed to be unsealed when downloaded. You have no right to cancel in relation to the following contracts: for any gaming, betting or lottery services; for the supply of newspapers periodicals or magazines; for the supply of any goods made to your specifications or clearly personalised or which by their nature cannot be returned or are liable to deteriorate rapidly; for the supply of goods or services the price of which is dependant on fluctuations in the financial market which cannot be controlled by Metronet.
7.1.5 If the Regulations apply, you may cancel Services or Equipment purchased from us by sending written notice of cancellation by post or hand delivery addressed to Customer Services at the address available under the Contact Us tool or by using the Contact Us tool.
7.1.6 You will be responsible for the cost of returning the Equipment if you exercise this right of cancellation under the Regulations. If you do not actually return the Equipment to us, you are under a duty to make the Equipment available for collection at your expense from the address to which it was delivered.
7.1.7 You are under a duty to retain possession of the Equipment whilst awaiting return to us and take reasonable care of it during this period. You will be liable for any loss of or damage to the Equipment if you fail to comply with this obligation.
7.2 The Regulations, and this clause, do not apply to Business Customers.
8. Providing Instructions
We may accept instructions regarding the Service and/or Equipment from any person who reasonably appears to be acting on your authority. Any agreements made on your behalf by such a person will be binding on you and subject to these Conditions.
9. Service Security
9.1 We will issue you with a set of User Names and Passwords. These are essential for secure use of the Service and so you must ensure that you keep these confidential, secure and that you use them in accordance with all relevant instructions. Passwords and User Names must not be disclosed to anyone without authorisation. You must not send your passwords over the internet by email, chat or other insecure communication methods.
9.2 You must not use a false identity in email or other network communications.
9.3 You must not attempt or participate in, the unauthorised entry into or viewing of another Customer's account or another system.
9.4 Computers and network systems shall not be used for fraudulent activities, or used to breach another organisation's security (cross networking hacking). This is an illegal act and prosecution under criminal law may result.
9.5 Network traffic may be monitored from time to time for the purposes of backup, problem solving, network management and where required by law.
9.6 If we think there has been or may be a breach of security or misuse of the Service, we may:
9.6.1 change your Password and then notify you of this change; and/or
9.6.2 suspend User Name and Password access to the Service (please also see clause 18).
9.7 We shall have the right from time to time to change your User Name, internal address and/or Password allocated by us for the purpose of essential network maintenance, enhancement, modernisation or other work which we deem necessary to the operation of the Service or on any other reasonable grounds. Any such changes will be notified to you by email or by the Contact Us tool.
9.8 If you forget your User Name or Password or you think someone knows your User Name or Password and they are not authorised to use it, or if any Password is being or is likely to be used in an unauthorised way, it is your responsibility to inform Metronet immediately using the "Contact us" tool.
9.9 If you are using Narrowband Products, you must make Caller Line Identification (CLI) available when using the Service to connect to the Internet. This is so that we can improve the safety and security of the Service. If you have disabled CLI, we may temporarily enable it to allow this connection.
9.10 If any of the information provided by you during the sign-up procedure changes, including any changes to your payment details, you must inform us immediately. Please note that if you update your address because you are moving Premises and need Broadband at the new location (usually on a different phone line), there will be costs incurred for which you are liable. More information can be found here.
10. Actions we may need to take
10.1 We may have to alter code or access numbers or technical specifications associated with the Service for operational reasons. If we do this, we will use reasonable endeavours to give you reasonable notice.
10.2 If any operator shall discontinue the provision of telecommunications services to Metronet or shall alter, modify, expand, improve, maintain, repair, suspend or otherwise change the telecommunications services or any part thereof provided to us, we shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Service to you as necessary.
11.1 We may need to temporarily suspend, with reasonable notice, the Service or parts of the Service for operational reasons, including but not limited to:
11.1.2 planned maintenance; or
11.2 Should we need to temporarily suspend the Service or parts of the Service in accordance with clause 11.1, we shall use reasonable endeavours to restore the Service as soon as is reasonably practicable thereafter.
11.3 We may suspend the Service to you without notice and without prejudice to our rights of termination under clause 23 in the event of the following:
11.3.1 failure by you to make any payment to us on its due date for payment;
11.3.2 if you contravene the Acceptable Use Policy or any term of this Agreement.
11.4 During suspension we reserve the right to refuse to release your Domain Name as issued by Metronet.
11.5 If we decide to suspend the Service or part of the Service (for any reason), we reserve the right to restore it (if neither you nor we have ended this Agreement) only if we are reasonably satisfied that you will only use the Service as agreed.
11.6 If we decide to suspend the Service, this Agreement will continue during the period of suspension and you will have to pay all relevant Charges.
11.7 If you have a Narrowband PAYG account and you do not use this account to connect to the Internet for a period of 90 days or more, we may terminate your account and any associated email account(s) or products.
12. Repairing faults in the Service
12.1 Although we attempt to provide you with the best possible Service, we cannot guarantee that the Service will never be faulty. We shall use our reasonable endeavours to correct all reported faults as soon as is reasonably possible.
12.2 If there is a fault with the Service, or you forget a Password, you should contact the Metronet Customer Support Team.
12.3 We may sometimes monitor or record calls to or from our Customer Support Team. We may do this for training purposes or to improve the quality of our customer support.
13. Paying our Charges
13.1 You must pay the Charges for the Service and/or Equipment at the price prevailing at the time of the Customer Order. The Charges form part of this Agreement. You will be responsible for the maintenance of your connection settings. You are responsible for checking your connection settings against the configurations which we stipulate on our website in the Member Centre section. We will not be liable for any Charges incurred where you have not followed our recommended connection settings. Any Charges incurred due to incorrect connection settings will be payable by you.
13.2 When you register for the Service and/or place an order for Equipment, we will ask you to select a payment method and we will begin charging you for the Service on the date that the Service is activated, or when your Customer Order has been accepted (whichever is the sooner). Following activation of the Service, Charges shall be payable monthly unless any other payment method has been agreed in writing between Metronet and the Customer or as detailed on any accepted Customer Order. Charges for Equipment ordered by you are payable by Credit or Debit Card at the time the order is placed.
13.3 You undertake that the Credit or Debit Card you use to make a purchase from us is your own Card or if you are a Business your Business' card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Equipment or Services you order from us. We reserve the right to obtain validation of your Credit or Debit Card details and process your payment before providing you with any Services and/or Equipment.
13.4 We will invoice Services and/or Equipment, together with VAT, at the price prevailing at the time of the Customer Order.
13.5 You understand and agree that if you fail to make payments of Charges when they are due, we may suspend or cancel your Service, in part or in full, until payment is received in full. If we need to cease your Service because you have not paid and you then later decide to resume the Service, there may be a re-activation and administration charge where applicable, for which you will be liable.
13.6 Certain Services include the use of a Domain Name without charge. The provision of this domain is subject to the minimum contract period of the associated Service. If the Service is terminated prior the fulfilling of the minimum contract period for whatever reason, you will be liable for the cost of the Domain Name which is set out here. Until we have received this payment, or you have completed the minimum contract period, whichever occurs earlier, we may prohibit the release of the Domain Name associated with this domain.
13.7 Unless you notify us to the contrary, Services provided for an agreed period will automatically continue when the agreed period comes to an end. In these circumstances, you understand and agree that continuation of the Service will incur the Charges for the Services prevailing at the point of termination of the agreed period unless you notify us in accordance with clauses 23 and 26.
13.8 Where we arrange for an engineer to visit your Premises for activation of the Service, or for resolution of a fault, you will be responsible for any costs incurred owing to any of the following:
13.8.1 an engineer attends an incorrect address as provided by you;
13.8.2 the site for installation does not meet the minimum requirements as agreed during the product registration;
13.8.3 an engineer arrives to carry out the installation at the address provided by you, but you no longer want the installation completed;
13.8.4 entry is refused to the Premises, or access cannot be gained, at the appointed time, as agreed between you and us;
13.8.5 you report a fault, an engineer attends your Premises, and discovers the fault is not the result of the Service or Equipment;
13.8.6 your reported problem, following your request for an engineering visit, cannot be confirmed; and
13.8.7 when you cancel a request for an engineering visit later than 48 hours before the scheduled visit.
13.9 Interest payable on demand shall accrue from day to day on overdue amounts at the rate of 2% above the base rate of National Westminster Bank Plc together with VAT if applicable.
13.10 We reserve the right to engage a third party debt collection agency in order to obtain any outstanding debt. Any additional charges generated as a result of this process will be payable by you.
13.11 You must pay any costs incurred by us due to the cessation of your broadband
service (either when cancelling your service or as a result of a house move
where a cessation and new provision of service is required) or cessation of
the telephone line over which broadband service is provided. Full details of
the charges can be found here.
14. Use of the Service
14.1 You will not use the Service, and will take all reasonable precautions to ensure that no one (including you) uses the Service:
14.1.1 fraudulently or in connection with a criminal offence or in breach of any law;
14.1.2 to send, knowingly receive, upload, download or use any material which is or may be offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of any Intellectual Property Right, confidence, privacy or any other rights;
14.1.3 to cause annoyance, inconvenience or needless anxiety;
14.1.4 to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party. We reserve the right to restrict or block any unsolicited email to or from you;
14.1.5 in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located here. We reserve the right to make an administrative charge as a result of abuse of any Acceptable Use Policies;
14.1.6 in a way that does not comply with any reasonable instruction that we have given you; or
14.1.7 in such a way that your account is used to access the Service more than once at a time unless your product specifically allows it. Please note that if you have an ISDN line and are not using PAYG, accessing the service more than once at a time includes "channel bonding".
You agree that a breach of any of the provisions in this clause, and indeed any clause within the Acceptable Use Policy, will comprise a material breach of contract, which may lead to suspension of the Service or ending the Agreement, in accordance with clause 20. You agree to indemnify and hold harmless Metronet against any expense, loss or damages that we might suffer by reason of any breach by you of this clause.
14.2 If we think that your use of the Service may:
14.2.1 impair the security of the system and/or the network used to provide the Service; or
14.2.2 cause detrimental performance of the Service to you or any other Customer;
we may suspend your access to the Service or parts of the Service in accordance with clause 20. If possible, we will give you prior notice if we do suspend your service pursuant to this clause.
14.3 Where we provide you with Services that involve providing storage space (temporary or otherwise), or transfer capabilities on our systems, we may impose limits (which we may vary from time to time) on the storage space, or transfer capability we provide to you in order to ensure the quality of the Service to you and any other Customer. We may suspend, reject or delete material that exceeds these limits. Information on these limits can be viewed here. If possible, we will give you prior notice before taking action.
14.4 We may make available to you Software that enables you to use the Service. You must not copy, modify or distribute this Software (save only to the extent permitted by law). It is important that you only access the Service through this Software or in an alternative way permitted by us and you must not attempt to circumvent any security measures in the Service or software.
14.5 When we provide you with the Service and any associated Software, it is for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the whole or any part of the Service or the associated Software to anyone else.
14.6 Certain Services are provided with data-transfer caps. You are responsible for all data-transfer and use of the Service, and are liable for all costs incurred as a result.
14.7 It is the Customer's responsibility to obtain and keep in force any licence necessary for the Customer to use the Service in any country in which it is provided.
14.8 The Service must not be used in any way that:
14.8.1 does not comply with the terms of any legislation or any licence applicable to the Customer or that is in any way unlawful; and
14.8.2 does not comply with any instructions given by us or any other public telecommunications operator or other competent authority, in any country where the Service is provided.
15. Content provided by us
15.1 As part of the Service, we may provide you with content, including applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content may change over time.
15.2 The content we provide to you can only be used for your own purposes and may be protected by copyright, trademark and other Intellectual Property Rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.
15.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.
15.4 Some of the content will have its own Terms and Conditions. These may be displayed online or elsewhere. If you access this content, you must comply with those Terms and Conditions. You should be aware that any content provided on a subscription basis as part of the Service will cease when this Agreement ends.
16. Your website
16.1 As part of the Service, you may be able to set up your own website(s). If you choose to do this you are responsible for the material that you or anyone else puts on your website(s). You agree to indemnify and hold harmless Metronet in respect of any expense, loss, or damage which Metronet may suffer by reason of the material on your website.
16.2 Material on your website(s) must not, and the use of it must not, in any way be unlawful. In particular, you must obtain all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant Intellectual Property Rights).
17. Your use of the Internet
Access to the Internet may be included in the Services provided to you. The Internet is separate from the Service and use of the Internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the Internet.
18.1 In general, when you visit our websites and access information you remain anonymous. Before we ask you for information, we will explain how this information will be used. We will not provide any of your personal information to other companies or individuals without your permission or unless it is necessary to provide you with the Services and/or Equipment you request from us. In particular we may need to provide your name and delivery address to third parties that we use for the purposes of delivering specific Services and/or Equipment to you.
18.2 Some of our sites require registration to access. There are also occasions where we will ask for additional information. We do this to be able to better understand your needs, and provide you with Services and/or Equipment that we believe may be valuable to you.
18.3 We will take appropriate steps to protect your privacy. Whenever you provide sensitive information (for example, a Credit Card number to make a purchase). we will take reasonable steps to protect it, such as encrypting your Card number. We will also take reasonable security measures to protect your personal information in storage. Credit card numbers are used only for payment processing and are not retained for marketing purposes.
18.4 Our websites may provide links to third party websites. Since we do not control these websites, you are responsible for reviewing and abiding by the privacy policies of these third party sites.
18.5 If you would like to change your preferences for the electronic communication
you receive from Metronet, please contact the Metronet Customer Support Centre
by phone or by email.
18.7 If you feel your privacy has been breached, you can contact us via the 'Contact Us' tool or by email.
19. Data Protection
19.1 We do not capture and store any personal information about you, except where you choose to give us your personal details voluntarily when enquiring about ordering any of our Services and/or Equipment. In these cases, the personal information you give is used exclusively by us for providing you with current and future information about our Services and Equipment. We will not pass any of your personal data to outside organisations and/or individuals, except for the purposes of delivering specific Services and/or Equipment to you or with your express consent.
19.2 Our websites monitor website traffic to help us improve our services. This information is not linked to any personal data so that visitors to our site remain anonymous.
19.3 You have a right to know about the personal information we hold about you. You also have a right to have your data corrected or deleted. If you want to know what personal data we hold, please give us details of the account you require information on and we will return the details to the registered account address.
19.4 Please address all your requests and/or queries about our data protection policy along with a cheque for £10 made payable to "Plusnet plc" and send it marked confidential by recorded delivery post to:
Data Protection Officer
2 Pinfold Street
19.5 Your details will be sent within 40 calendar days of the funds clearing
20. Breach of Contract
20.1 We can suspend the Service in whole or in part, or end this Agreement (or both) at any time:
20.1.1 with immediate effect if you materially breach this Agreement or commit a series of non-material breaches of this Agreement;
20.1.2 with immediate effect if we have reasonable grounds to suspect that the Service is being used in a way described in clauses 14.1, 14.2 or 14.3, even if you do not know that the Service is being used in such a way;
20.1.3 upon reasonable notice if you breach this Agreement in any other way and fail to remedy the breach within a reasonable period of being asked to do so;
20.1.4 with immediate effect if bankruptcy or insolvency proceedings are brought against you, or you make an arrangement with your creditors, or a receiver or administrator is appointed over any of your assets, or you go into liquidation; or
20.1.5 with immediate effect if we have terminated your use of any Service previously provided to you due to your breach.
20.1.6 with immediate effect where the Service cannot be provided to the Premises requested by the Customer.
20.2 If we have suspended or terminated this Agreement under sub-clause 14.1 above, we will inform you of such suspension or termination as soon as is reasonably possible and provide details of why this action has been taken.
21. Matters beyond our reasonable control
If we cannot do what we have promised in this Contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If the events continue for more than three months, we can terminate this Contract immediately by giving you written notice through the Contact Us tool. Please see paragraph 23 for your right to end this Agreement.
22. Our liability to you
22.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability by paragraphs 22.2 or 22.3 or in any other way.
22.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this Contract starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure, data being lost or corrupted, loss or damage incurred by you as a result of third party claims or any indirect, special or consequential loss or damage howsoever caused.
22.3 Any liability we have of any sort (including liability for negligence) is limited to £250,000 for any event or related series of events and £500,000 for all events in any 12 month period.
22.4 You will indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because the Service and/or Equipment is used in breach of these Conditions.
22.5 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other service providers, or for faults in or failures of their networks and equipment.
22.6 Each provision of this clause operates separately in itself and survives independently of the others.
23. Ending this Agreement
23.1 This Agreement can be ended by:
23.1.1 us giving 10 days notice to you; or
23.1.2 you giving 10 days notice to us.
23.1.3 you giving us immediate notice within the 10 day notice period if, under clause 24, we inform you that we are increasing our charges or changing the conditions of this Agreement to your detriment.
23.2 If we give you notice, you must pay the Charges applicable up to the end of that notice. If you give us notice, you must pay us the Charges that would have been due within the notice period.
23.3 If you give us notice that ends, or we end this Agreement under clause 20, during the period of the Agreement, you must pay us the relevant cancellation Charges set out in your Agreement.
23.4 If you give us notice that falls before the end of your current Agreement period because we have increased our Charges or materially changed the Conditions of this Agreement to your detriment, you may cancel in 10 days of being given notice.
23.5 If you have paid any Charges for a period after the end of the Agreement we will either repay it or put it towards any money you owe us
24. How this Agreement can be changed
We may change this Agreement, including our Charges, at any time. We will give you at least 30 days notice of any changes before they take effect. You may not change any term of this Agreement. As explained in clause 23, you can end this Agreement by giving us immediate notice in this 10 day period if we increase our Charges or change the Conditions of this Agreement to your detriment.
25. How this Agreement can be transferred
Neither we nor you can transfer this Agreement or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
26.1 Any party wishing to give notice to the other under this Agreement must use one of the following mechanisms. No other form of communication will be accepted, unless specifically stated otherwise in this agreement:
26.1.1 To us: using the Contact Us tool at www.metronet.co.uk or in writing to:
2 Pinfold Street
26.1.2 To you: at the appropriate website using the Contact Us tool or email to the address provided to you as part of the service or by post to the address provided by you in the Customer Order.
26.2 Any notice given by the Contact Us tool or by email shall be deemed to be served on the day of transmission. In the case of written postal notice, notice shall be deemed to have been served on the date of acceptance by signature of the recorded delivery or 2 Working Days after the date of posting, whichever is sooner.
26.3 You are responsible for checking for email sent to the email address provided to you as part of the Service.
27. Errors and Omissions
27.1 We will make every effort to ensure that all prices and descriptions quoted on our Website or in communications to you are correct and accurate. However, it is inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, we will be entitled to rescind the Agreement, notwithstanding that we have already accepted your order and/or received payment from you. Our liability in that event will be limited to the return of any money you have paid in respect of the order. In the case of a manifest error in relation to price, you will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by us through the Contact Us tool after the manifest error has been discovered.
27.2 A 'manifest error', as the term is used in paragraph 27.1 above, means, in relation to an incorrect price, a price quoted in error by us which you knew or should reasonably have known was quoted in error, for example, because the price was significantly lower than the usual market price for the Service and/or Equipment in question and was not subject to a special offer.
Neither we nor you shall be considered to have waived any right under this Agreement because of failure or delay in exercising that right.
29. Third party rights
A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
30. Governing Law and Jurisdiction
30.1 This Agreement and any matter arising from or in connection with it shall be governed by and construed in accordance with English law.
30.2 Each Party irrevocably agrees to submit to the exclusive jurisdiction of the English courts over any claim or matter arising from or in connection with this Agreement or the legal relationships established by or in connection with such Agreement.
31.1 Nothing in these Conditions affects your statutory rights as a consumer.
31.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
31.3 In this Agreement, unless the context otherwise requires or is otherwise specified:
31.3.1 the words "including" and "include" and words of similar effect shall not limit the general effect of the words before them;
31.3.2 reference to any agreement, contract, document or deed shall be considered as a reference to it as varied, supplemented or novated;
31.3.3 obligations undertaken by a party which comprises more than one person are made by them jointly and severally;
31.3.4 words importing persons shall include firms, companies and bodies corporate and vice versa;
31.3.5 words meaning the singular shall include the plural and vice versa;
31.3.6 words describing gender shall include either other gender;
31.3.7 construction of this Agreement shall ignore the headings, contents list and front sheet (all for which are for reference only);
31.3.8 references to a numbered clause, schedule, paragraph, or appendix are references to the clause, schedule, paragraph or appendix of or to these Conditions or an Agreement so numbered; and
31.3.9 any reference to any legislative provision shall include any subsequent re-enactment or amending provision.
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1. Application of the Service
ACCEPTABLE USE POLICY
1.1 The Service includes a number of product features. Not all product features are activated as standard. Product features that require Customer activation are subject to reset should they remain unused for 3 months.
1.2 You are required to sign-up to an appropriate account type depending on your required utilisation. Certain accounts are designed for consumers only. If you wish to use your account commercially then you must sign-up to a Business account where appropriate. For guidance, we consider commercial use to be at a level above that which is running a part time Business or supporting any kind of hobby. Business accounts must be used if the account is to be used from any official Business Premises.
2. Disruption to the Service
2.1 You may not disrupt the Service(s). The Service(s) also may not be used to interfere with computer networking or telecommunications Services to any user, host or network, including, without limitation, denial of Service attacks, flooding of a network, overloading a Service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or Software that contains a virus or other harmful feature is also prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device.
2.2 Using the Service, particularly "Always On" products, to run open servers, such as SMTP relay, web proxy and NNTP, is prohibited. We define an open server being one which can be connected to over the Internet by hosts not in a trusted list.
3. Inappropriate Use
3.1 There may be content on the Internet or otherwise available through the Service(s) which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content that is pornographic or offensive, particularly to children. We can assume no responsibility for the content contained on the Internet or otherwise available through the Service(s). You must assume the risk of accessing content through the Service, and neither we nor any of our employees, shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider, and not us.
3.2 You are solely responsible for any information that you publish on the Internet or other Internet Service(s). You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. We and our employees reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
4. Legal Obligations
4.1 We and our employees have no obligation to monitor transmissions made on the Service(s). However, we and our employees have the right to monitor such transmissions from time to time and to disclose the same in accordance with your Agreement.
4.2 By using the Service(s) to reproduce, publish, display, transmit and distribute content, you are warranting that the content complies with this Policy and you are authorising us and our employees to reproduce, publish, display, transmit and distribute such content as necessary for us to deliver the content in a timely manner when required through legal processes.
4.3 If you do not abide by the limitations of your Service(s), you will have action taken against them, not limited to, but including instant termination of your account without a refund.
4.4 4.4 Any decision made by us in relation to this Service shall be final.
. Broadband Acceptable Use Policy
.1.1 The Broadband Internet access component of your account is based on a contended service. This policy contains guidelines on how you can use this Service. We manage our network using prioritisation techniques to ensure that during busy periods time sensitive applications such as VoIP, email, gaming and web browsing are given priority over bandwidth intensive, non-time-sensitive applications such as Peer-to-Peer (P2P) file sharing. Traffic shaping is used to a greater or lesser extent on all our Broadband Services.You can find more information on contention and how we manage our network here.
.1.2 These guidelines are to give you a clear expectation as to what constitutes fair and reasonable account usage. You are bound by these guidelines we impose on you, as a user of the Service, in order that we can operate a reliable service for our customers.
.1.3 If you do not abide by the limitations of this account, we will take action against you not limited to, but including, instant termination of your account without a refund.
.1.4 Any decision made by us in relation to this Service shall be final.
6. Email Acceptable Use Policy
6.1 Use of Email
6.1.1 We accept no responsibility for loss of data, information in any form or other matters whatsoever which result from the use of this Service.
6.1.2 You may not send any adult material, material liable to offend, defamatory, confidential, secret or other proprietary material using the email service. You will be held responsible for and accept responsibility for any material of this nature available via your email. We accept no responsibility for material of this nature available via your email.
6.1.3 We shall not be held liable for any loss of material however occasioned.
6.1.4 Access to your email will not be possible if your account is, for any reason, suspended.
6.1.5 You may not use your email to post unsolicited messages to groups of people, nor may you operate an Open Relay.
6.1.6 If so requested by us or a recipient of your email, you must desist from posting messages to said recipient on request.
6.1.7 Any decision made by us in relation to this Service shall be final.
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