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General Terms & Conditions for PlusNet Services
These Terms and Conditions applied if you signed up between Thursday 28th August 2005 and Wednesday 10
April 2007.
On Tuesday 28th October 2008 these Terms & Conditions were
replaced with a new set that you can view here.
View the Terms and Conditions that apply to new customers.
1 Definitions
1.1 "Contract" means in order of precedence
these Terms and Conditions, and any other document that the parties
agree in writing will form part of the Contract.
1.2 "Customer" means the consumer or
business so named on the online order form at www.plus.com
and anyone reasonably appearing to PlusNet to be acting
with the authority of that person or business. Also referred to
as "you" in these Terms and Conditions.
1.3 "Dial Access Product" means a product
for which you dial into using an 0845 or 0808 number.
1.4 "Equipment" means the things sold
by PlusNet plc to the Customer under the Contract and includes any
software, documentation and wiring.
1.5 "PlusNet" means PlusNet
of PO BOX 3704, Terry Street, Sheffield, S9 2WL. Also referred to
as "we" or "us" in these Terms and Conditions.
1.6 "Premises" means the place where
the Equipment will be delivered and installed.
1.7 "Service" means the range of Internet connectivity products,
content, services and applications provided to you by us.
1.8 "Broadband" means an ADSL, SDSL or Wireless Broadband
service provided to you by us.
1.9 "Wireless Broadband" means an internet connectivity product
for which you use the BT OpenZone network to connect.
2 The Service
2.1 The Service gives you access to the Internet and/or
a range of Internet content, services (including helpdesk services)
and applications as described here and will
be provided at the Premises we agree with you.
3 When does our Contract start with you
3.1 You can sign up for the service online here
By clicking on the "I Accept" button, you will be deemed
to fully agree, accept and understand these Terms and Conditions
and will comply with all related policies, including the Data Protection
Policy and Abuse Policy. 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. The right to use
the service is personal to you or your employees. You must advise
us if you suspect that someone is using your account or has knowledge
of your personal details.
3.2 You select the type of Service and duration of the
Contract during the online sign-up process, as witnessed in the
electronic registration procedure that takes you through all related
policies determining the acceptable use of the Service.
4. Our commitment to you
4.1 When we provide the Service to you, we promise to use
all reasonable skill and care of a competent Internet Service Provider.
5 Getting Started
For narrowband products
5.1 You will need to provide your own computer equipment,
including modem, and connection software.
For broadband products
5.2 Before we can be certain that we can provide
you with the Service, we need to:
(a) successfully complete a line test and survey;
and
(b) successfully activate the Service.
If the above items 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 Help Assistant 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 our
Equipment and those items listed here.
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.
For all products
5.5 You may cancel the Service under the Consumer Protection
(Distance Selling) Regulations 2000 within the first 7 working days
from the day after this Contract is made, unless you use the Service
within this time in which case you will lose the right to cancel
at this time. In the event that you choose to cancel the Service,
you will be liable for any costs incurred by us in the act of provisioning
or supplying the Service to you.
6 Your instructions
6.1 We may accept instructions regarding the Service from
someone we are satisfied has your authority. You must introduce
this person and they will be required to satisfy the data protection
questions that we will ask.
7 Service security
7.1 We will issue you with a set of usernames and passwords.
These are essential for secure use of the Service so you must ensure
that you keep these confidential, secure and that you use them in
accordance with all relevant instructions.
7.2 If we think there is likely to be a breach of security
or misuse of the service, we may:
(a)change your password and then notify you of
this change; and/or
(b)suspend username and password access to the
Service (please also see paragraph 15).
7.3 If you think someone knows about your username 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 us immediately.
7.4 If you are using dial up 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.
7.5 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.
8 Actions we may be required to take
8.1 We may need to suspend the Service or parts of the
Service for operational reasons (e.g. for repairs, planned maintenance
or upgrades) temporarily. Before we do this, we will give you as
much notice as possible. We promise to restore the Service as soon
as possible after any suspension.
8.2 We may have to alter code or access numbers or technical
specifications associated with the Service for operational reasons.
Before we do this, we will give you as much notice as possible.
9 Repairing faults in the Service
9.1 Although we attempt to provide you with the best possible
Service, we cannot guarantee that the Service will never be faulty.
However, we will correct all reported faults as soon as is reasonably
possible.
9.2 If there is a fault with the Service, or you forget
a password, you should contact the PlusNet customer
support team. You can find out how to contact the PlusNet
support team online here.
9.3 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.
10 Paying our charges
10.1 You must pay the charges for the Service that are
set out in the price list located here. This
price list is part of this Contract. You will be responsible for
the maintenance of your connection settings. Any charges incurred
due to incorrect settings will be borne by you.
10.2 When you register for the Service, 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
order has been accepted.
10.3 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 under paragraph 15.1(a), until
payment is received in full. If we need to cease your broadband
service because you have not paid and you then later decide to resume
the service, there will be a re-activation and administration charge
where applicable, for which you will be liable.
10.4 Certain products include the use of a domain name
without charge. The provision of this domain is subject to the minimum
contract period of the associated product. If the product 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 shall prohibit the
release of the IP Service Tag (IPSTAG) associated with this domain.
10.5 Certain services that we provide automatically continue
when the initial period terminates. In these circumstances, you
should understand and agree that continuation of the Service will
incur the standard charges unless you notify us in accordance with
paragraphs 19 and 22.
10.6 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:
(a) an engineer attends an incorrect address as
provided by you
(b) the site for installation does not meet the
minimum requirements as agreed during the product registration
(c) an engineer arrives to carry out the installation
at the address provided by you, but you no longer want the installation
completed.
(d) entry is refused to the Premises, or access
cannot be gained, at the appointed time, as agreed between you and
us.
(e) you report a fault, an engineer attends your
Premises, and discovers the fault is not the result of the broadband
Service.
(f) your reported problem, following your request
for an engineering visit, cannot be confirmed.
(g) when you cancel a request for an engineering
visit later than 48 hours before the scheduled visit.
10.7 Where a service or hardware has been chosen whose payment is not required upfront, the payment schedule that is in force at the time of purchase will be applied at the point of any cancellation of service.
10.8 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 borne by you.
11 Use of the Service
11.1 You must take all reasonable precautions to ensure that no one (including you) uses the Service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located here
(f) in a way that does not comply with any instructions that we have given you; or
(g) 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 Pay As You Go, accessing the service more than once at a time includes "channel bonding".
The action we can take if the Service is used in any of these ways above is explained in paragraphs 15 and 16.
11.2 If we think that your use of the Service may:
(a) impair the security of the system and/or the network used to provide the Service; or
(b) 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. Suspension is further explained in paragraphs 15 and 16. If possible, we will give you prior notice if we do suspend your service.
11.3 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 the relevant limit. Information on these limits can be viewed in the FAQ ('frequently asked questions') section relating to the Service and available here. If possible, we will give you prior notice before taking any action.
11.4 We may make available to you software that enables you to use the Service. You must not copy, modify or distribute this software (unless allowed by Law). It is important that you only access the Service through this software or in an alternative way permitted by us and you must not attempt to circumvent any security measures in the Service.
11.5 When we provide you with the Service, it, and any associated software, it is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the Service (or any part of it) or the associated software to anyone else.
11.6 From time to time services may be made available on a promotional basis. These promotions will be subject to special conditions which amend these conditions
and will be notified to the Customer with details of the promotion. Promotions may also be subject to qualifying conditions which the Customer will need to meet.
12 Content provided by us
12.1 As part of the Service, we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content over time.
12.2 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.
12.3 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.
12.4 Some of the content will have its own Terms and Conditions. These may be displayed online or elsewhere. If you access this content, you will need to comply with those Terms and Conditions. You should be aware that any content provided on a subscription basis as part of the Service will cease when this Contract ends.
13 Your website
13.1 As part of the Service, you may be able to set up you 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).
13.2 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).
14 Your use of the Internet
14.1 The Service allows you to access the Internet. The Internet is separate from the Service and use of the Internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the Internet. Your use of the Service is governed by the Terms and Conditions in conjunction with the Acceptable Use Policy (AUP).
15 If you break this Contract
15.1 We can suspend the Service in whole or in part, or end this Contract (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the Service is being used in a way described in paragraph 11.1, 11.2 or 11.3, even if you do not know that the Service is being used in such a way;
(c) upon reasonable notice if you breach this Contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so;
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation; or
(e) with immediate effect if we have terminated your use of any service previously provided to you due to your breach.
(f) with immediate effect where the service cannot be provided to the Premises requested by the Customer.
If we have suspended or terminated this Contract under sub-paragraphs (a), (b), (d) , (e) or (f) above, we will inform you of such suspension or termination as soon as is reasonably possible and explain why this action has been taken.
(g) where the published AUPs or fair usage policies have been contravened.
If we have suspended or terminated this Contract under sub-paragraphs (a), (b), (d), (e), (f) or (g) above, we will inform you of such suspension or termination as soon as is reasonably possible and explain why this action has been taken.
16 Suspension of the Service
16.1 If we decide to suspend the Service or part of the Service (for any reason), we will restore it (if neither of you or us have ended this Contract) when you satisfy us that you will only use the Service as agreed.
16.2 If we decide to suspend the Service under paragraph 10.3, paragraph 11.2 or paragraph 15, this Contract will continue during the period of suspension and you will have to pay all relevant charges.
16.3 If you have a Pay As You Go account and you do not use this account to connect to the Internet for a period of ninety days or more, we may terminate your account and any associated email account(s) or products.
17 Matters beyond our reasonable control
17.1 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 Help Assistant tool. Please see paragraph 19 for your right to end this Contract.
18 Our liability to you
18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability by paragraphs 18.2 or 18.3 or in any other way.
18.2 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 or data being lost or corrupted.
18.3 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.
18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services, or for faults in or failures of their networks and equipment.
18.5 Each provision of this paragraph operates separately in itself and survives independently of the others.
19 Ending this Contract
19.1 This Contract can be ended by:
(a) us giving one month's notice to you; or
(b) you giving one months notice to us.
(c) you giving us immediate notice within the 14 day notice period if, under paragraph 20, we inform you that we are increasing our charges or changing the conditions of this Contract to your detriment.
19.2 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.
19.3 If you give us notice that ends, or we end this contract under paragraph 15, during the period of the Contract, you must pay us the relevant cancellation charges set out in the price list located here.
19.4 If you give us notice that falls before the end of your current Contract period because we have increased our charges or materially changed the Conditions of this Contract to your detriment, you may cancel in the period of time between the notice of the changes and the time the changes take place.
19.5 If you have paid any charges for a period after the end of the Contract we will either repay it or put it towards any money you owe us.
20 How this Contract can be changed
20.1 We may change this Contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect. As explained in paragraph 19, you can end this contract by giving us immediate notice in this 14 day period if we increase our charges or change the conditions of this Contract to your detriment.
21 How this Contract can be transferred
21.1 Neither us or you can transfer this Contract 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).
22 How to give notice
22.1 Any party wishing to give notice to the other under this Contract must use one of the following mechanisms. No other form of communication will be accepted, unless specifically stated otherwise in this agreement
(a) To us: at the appropriate website using the Help Assistant tool or in writing sent by recorded delivery.
(b) To you: at the appropriate website using the Help Assistant tool or email to the address provided to you as part of the service.
22.2 You are responsible for checking for email sent to the email address provided to you as part of the service.
23 Errors and Omissions
23.1 We will make every effort to ensure that all prices and descriptions quoted on our website or in our catalogue are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, we will be entitled to rescind the Contract, notwithstanding that we has 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 Help Assistant tool after the manifest error has been discovered.
23.2 A 'manifest error', as the term is used in paragraph 23.1 above, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
24 Waiver
24.1 Neither us or you shall be considered to have waived any right under this Contract because of failure or delay in exercising that right.
25 Third party rights
25.1 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
26 Law
26.1 English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
27 General
27.1 Nothing in these Terms and Conditions affects your statutory rights as a consumer.
27.2 If any provision in this Contract is held to be invalid or unenforceable, it shall be deemed severed from the Contract and this shall not affect the validity or enforceability of the remaining provisions.
27.3 Any waiver of a breach of this Contract must be in writing through the Help Assistant tool on our website.
27.4 Any variation of this Contract must be in writing through the Help Assistant tool on our website and must be signed by a duly authorised PlusNet official.
27.5 The headings in this Contract are for convenience only and shall not affect the interpretation of this Contract.
27.6 Any notices given under this Contract shall be communicated as explained in paragraph 22.
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