Household Terms & Conditions
1. Definitions
In these Conditions:
Address: the address of your home in the UK which you have notified to us.
Conditions: the conditions in this Contract and any changes we may make to them.
Contract: the contract between you and us authorising you to receive the Service for private use at your Address.
Minimum Term: the first 3 months from the date your Wireless Equipment (WE) is first enabled to receive the Service under this Contract.
Payments: the payments you must pay us to provide the Service.
Service: the broadband radio connection capable of providing IP services at your address.
United Kingdom: the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
WE: Wireless Equipment, when connected to your Desktop Computer, will allow you to receive encrypted telecommunication transmissions and will facilitate access to the Service.
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2. Payments
(a) You must pay us the Payment every month in advance by Standing Order.
(b) We may change your Payment at any time by giving you at least one calendar month's notice after the Minimum Term and then only once in any twelve month period, unless it is for a reason set out in Conditions 2(c) or 4. The increase will not be more than:
(i) 10%; or
(ii) the increase in the Retail Price Index over the 12 months before we tell you about that price increase, whichever is greater.
(c) We may also increase your Payment if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Payment directly or our pricing structure generally.
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3. Your Wireless Equipment (WE)
(a) Your WE acts as a key so that you can unlock (unencrypt) the Service. Having the WE does not mean you have a right to receive the Service. You are only entitled to one WE under this Contract.
(b) Only you may use the WE which we send you. You must only use it for your private use.
(c) If you give your WE to anyone else we may make it invalid.
(d) In order to continue to receive the Service without interruption, your WE must be in your computer port at all times and you will need to keep the computer connected to a mains supply.
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4. Malfunctioning Wireless Equipment (WE)
If your WE does not work, you must also tell us. If you return it, we shall replace it free of charge if it had a defect when it was supplied to you. If the WE is faulty or damaged in any other way or you do not return the faulty WE, we can charge you the cost of replacing it. We will make invalid any WE that you tell us does not work and is replaced.
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5. Disabling of WE
(a) We may make the WE invalid if we believe you are using the WE in ways which we have not authorised, or where it is otherwise reasonable for us to do so.
(b) If you have missed any payments we can suspend the Service without giving you notice by making your WE invalid. This does not affect our right to end this Contract under Condition 9 below.
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6. Liability
We will not be liable under this Contract for:
(a) any fault in a computer or other receiving equipment you use;
(b) any fault in your WE caused by you tampering with it, your negligence or failure to follow our instructions;
(c) use of a WE with any decoding apparatus we do not authorise;
(d) the ending by you or us of this Contract according to Condition 9;
(e) our failure to provide the Service caused by events outside our reasonable control;
(f) any loss or damage caused by us or our employees or agents in circumstances where:
(i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of any such breach;
(iii) any increase in loss or damage which results from a breach by you of any term of this Contract.
(g)any indirect or consequential losses or damages including loss of business or of profits or of anticipated savings
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7. Authorised Use
(a) You must not do any of the following:
(i) use the Services to send Unsolicited Bulk Email ("SPAM"); or
(ii) send or permit any unsecured mail relays; or
(iii) fail to conform to Internet protocols and standards; or
(iv) violate or attempt to violate systems or network security; or
(v) otherwise use the Services for any illegal purpose.
(b) We may disable or alter remotely certain functions of your WE to prevent you from breach of this Condition 7 and we may prevent you receiving the Service in such a case.
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8. Changing the Conditions
(a) We may not change or add to Conditions 2(b), Condition 6 or this Condition 8 except for security, legal or regulatory reasons.
(b) We may not change or add to any other Conditions unless it is reasonable to do so.
(c) We will give you at least one calendar month's notice of any changes or additions. We will not use this right to vary the terms of any special offer which applies to you and you have accepted during the term of the offer.
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9. Ending the Contract
Unless Conditions 9(a) or (b) apply, this Contract will stay in force for at least the Minimum Term. The Contract will continue after this time unless it is ended according to the Conditions below.
(a) You may end this Contract at any time during the Minimum Term by giving us one calendar month's notice if we tell you we are going to change these Conditions.
(b) If you break any of the Conditions of this Contract, we can terminate the Contract by giving you seven days' written notice at any time (including during the Minimum Term).
(c) Except where you break the Conditions of this Contract, we will not terminate this Contract during the Minimum Term. We may during that period and later vary this Contract and the Service in the ways described in this Contract. We may terminate this Contract after the Minimum Term by giving you one calendar month's notice.
(d) If you or we end this Contract, we will make your WE invalid and you will not be entitled to receive the Service any more.
(e) We will not refund any Payments made under this Contract if we end this Contract because you have broken the Conditions.
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10. Force Majeure
Except for any obligation by you for Payments neither you nor we shall be liable for any breach of this Contract or failure to perform any obligation so long as such breach or failure was the result of any Act of God, insurrection, civil disorder, war, terrorism, military operations, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, national or local emergency, acts or omissions of government, industrial disputes of any kind, the acts or omissions of any third party telecommunications service providers or any other cause beyond your or our reasonable control.
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11. Right to transfer the Contract and Third Parties
(a) We can transfer our rights or obligations under this Contract to any company, firm or person. We can only do this if it does not affect your rights under this Contract. You may not transfer your rights or obligations under this Contract to anyone else.
(b) This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to Condition 11(a).
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12. Notices
If we give a notice that is required under this Contract, it must be in writing.
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13. Law and Geographical Limits
(a) This Contract is governed by English Law. Any disputes can be dealt with by the courts in England and Wales or any other United Kingdom court that could lawfully deal with the case under the Civil Jurisdiction and Judgments Act 1982.
(b) You may use this Contract only if you live in the United Kingdom.
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