Terms and Conditions for our Entanet-based ADSL and ADSL2+ services

Our normal ADSL services (excluding webspace and e-mail) are provided by our wholesale provider Entanet and therefore the terms and conditions for this service can be found by clicking the link below.

http://www.enta.net/Policies/Terms_and_Conditions/


Terms and Conditions for our LLU premium-based ADSL and ADSL2+ services

Definitions

"Activation" occurs when the relevant Service is available for use by the Customer;

"Agreement" means these terms and conditions together with the Order;

"ADSL24 Internet Ltd" and "ADSL24" shall mean ADSL24 Internet Ltd, a company incorporated in England and Wales under company number 6272441 and whose registered office is at 24 Media House, Gatehead Business Park, Delph New Road, Oldham, Lancashire, OL3 5DE.

"Customer" shall mean any Customer of ADSL24 in respect of the Service;

"Internet" shall mean the worldwide collection of private and public router-based networks that are interconnected via gateways and exchange points, and which all utilise the TCP/IP protocol suite;

"Initial Period" shall mean the initial billing period as stated on the Customer’s Order;

"Minimum Term" shall mean the minimum period that the Customer must pay for the relevant Service. For the avoidance of doubt, this shall be three months for the Premium Plus and Premium Pro Services and twelve months for Premium Home Services. In all cases the relevant Notice must be given via e-mail;

"Network" shall mean the LLU network over which ADSL24 provide the Service;

"Notice" shall mean three months written notice to cancel the relevant Service. Notice must not be considered as received by ADSL24 unless the Customer has received acknowledgement by email;

"Order" shall mean any request by the Customer to provide Service regardless of whether the request is submitted via the ADSL24 online sign up page or via telephone;

"Quarter" shall mean the period of three months commencing on the specified date;

"Quotation" shall mean a written summary of Services and pricing valid for 30 days provided to the Customer for the purposes of submitting an Order to ADSL24;

"Recurring Charges" means those amounts payable by the Customer to ADSL24 on a recurring basis for the Service as set out in the Order;

"Service" shall mean the products or services offered by ADSL24 and specified in the relevant Order;

"Website" shall mean the website at http://adsl24.co.uk

1 Customer Order

1.1 These terms and conditions apply to the Customer’s Order for Internet services and apply in addition to ADSL24's standard terms and conditions of trading.

1.2 ADSL24 reserves the right not to accept an Order at its discretion.

1.3 Services are provided in accordance with each Order.

1.4 Orders will only be accepted if submitted via the ADSL24 website or by telephone.

1.5 Orders must not be considered as received or accepted by ADSL24 unless the Customer has received acknowledgement by telephone or email from ADSL24.

2 Service Activation

2.1 Before being able to activate the Service, ADSL24 will use its best endeavours to:

2.1.1 verify that the Customer’s premises listed in the Order are in an area in which the Service is available; and

2.1.2 carry out a line test to check that the Customer’s line can support ADSL24's LLU Services.

2.2 Occasionally it will not be possible to establish whether the Service can be activated until after activation of the Service is attempted at the Customer’s premises.

2.3 ADSL24 will send an Order confirmation by email to the Customer once the Order has been accepted.

2.3.1 If the Customer chooses to cancel the Order after confirmation but before the Service has been committed to be activated on a specific date the Customer will not be liable for any fees.

2.4 ADSL24 will send an email to the Customer once a date has been set for the Activation of the Service or installation of any equipment necessary for the Activation of the Service. This email will normally be sent within 48 hours of the Order being accepted by ADSL24 although may be delayed by provisioning issues outside of ADSL24’s control and for which ADSL24 cannot not be held liable.

2.4.1 If the Customer chooses to cancel the Order after the committed date but before activation the Customer agrees to pay the full activation charges as well as the service rental for Minimum Term. This is irrespective of whether the Customer uses the Service.

2.5 Installation of the Service may be subject to a survey carried out by ADSL24, or an agent contracted by ADSL24 to undertake the survey. The Service may not be provided where the survey carried out is incomplete or unsatisfactory. ADSL24 reserves the right to charge for such surveys although ADSL24 will advise the Customer of any charges before work is undertaken and ADSL24 will not carry out any chargeable work without agreement in writing from the Customer.

2.6 If the Service cannot be activated ADSL24 will notify the Customer as soon as possible and the order will be cancelled. ADSL24 may propose an alternative Service (where available).

2.7 ADSL24 will use all reasonable endeavours to provide the Service within 14 business days of order acceptance by ADSL24, but cannot be held responsible if provision takes longer or is not possible.

2.8 If ADSL24 is unable to activate the Service according to the Customer’s Order due to the Customer’s act or omission, or due to incorrect information being provided by the Customer, ADSL24 reserves the right to charge the Customer the agreed connection fee and service rental for the Minimum Term.

2.9 Occasionally visits to the Customer’s premises will be required to resolve provisioning issues or Service faults. These visits are sometimes carried out by BT. ADSL24 will liaise with the Customer to arrange the timing of these appointments. It is also possible that BT may contact the Customer directly in relation to the appointment. The Customer agrees to pay any charges made by BT in the event the Customer is responsible for any faults found.

2.10 Where required and to allow the installation to proceed the Customer will, at their own expense:

2.10.1 obtain all necessary consents, including consents for any necessary alterations to buildings;

2.10.2 take up, or remove, any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers;

2.10.3 provide any electricity and connection points required by ADSL24 or any contracted agents of ADSL24.

2.11 During Activation of the Service the Customer may temporarily lose the use of the Customer’s other telecommunications services on the telephone line used for the Service.

2.12 If the Customer requires a static IP address the Customer will need to specify this in the Customer’s Order. If the Customer does not specify this requirement the Customer will receive either a dynamic or a static IP address based on the standard configuration for the Service.

2.13 If the Customer wishes the Service to be activated on a specific date this must be notified to ADSL24 in writing at the time of order. It is not always possible to arrange or delay activation to a specific date. ADSL24 will use best efforts but cannot guarantee to arrange activation for a specific date, but cannot be held liable if this is not possible.

2.14 If the Customer is migrating an existing service from another provider ADSL24 cannot be held responsible if the previous service provider ceases service before ADSL24 has activated its Service.

3 Service Provision

3.1 ADSL24 will provide the Service in a manner befitting a competent telecommunications service provider. ADSL24 may subcontract the provision of all or any part of the Services to third parties.

3.2 Changes may be made to the Network or the technical specification of a Service from time to time; if these changes will detrimentally affect the Service, ADSL24 will inform the Customer in advance.

3.3 ADSL24's LLU Premium Plus and Premium Pro services are capable of synchronising to the exchange equipment at up to 24Mbps downstream and 2.5Mbps upstream as a theoretical maximum. The actual speed of the Service will depend on the length of the telephone line and the quality of the copper. These are factors which are outside of ADSL24's control and for which ADSL24 cannot accept any responsibility.

3.4 When a line is of a very poor quality or has a very long length, it may not be possible to provide the Service.

3.5 It is technically impracticable for ADSL24 to provide a 100% fault-free Service and ADSL24 does not warrant or undertake to do so.

4 Commencement and Term

4.1 Following Activation, the Service shall continue to be provided for a period equal to the Minimum Term. If the Customer cancels this Agreement during the Minimum Term they will be charged for the remainder of the Minimum Term.

4.2 Cancellation requires 3 calendar months’ prior written notice and the Customer will be charged £8.69+VAT upon cancellation.

4.2.1 Termination notification by the Customer must be made via the ADSL24 online control panel or by telephone.

4.2.2 Any notification of termination by the Customer must be authorised by the contact on the order or a staff member with suitable authority and must specify the telephone number of the Service and the date on which Service is to be terminated.

4.2.3 Termination notification by ADSL24 to the Customer will be made by email to the contact stated on the Order by the ADSL24 Customer Services department.

4.2.4 The Customer must not assume that ADSL24 has received notice of Termination unless ADSL24 has confirmed this via e-mail.

5 Router or Modem Equipment

5.1 The Customer shall use only equipment deemed by ADSL24 to be compatible with the Service. A list of compatible routers and modems will be made available to the Customer upon request. Where the Customer uses a router or modem not deemed to be compatible with the Service, ADSL24 shall have the right to request that a compatible router or modem is used in order to provide technical assistance.

6 Use of Service

6.1 The Customer shall not use the Service:

6.1.1 in breach of ADSL24's Acceptable Usage Policy;

6.1.2 in connection with the carrying out of any fraudulent, criminal, or any other illegal activity;

6.1.3 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;

6.1.4 to cause annoyance or needless anxiety;

6.1.5 to send or provide or, knowingly receive responses to, any spam or unsolicited advertising or promotional material;

6.1.6 to knowingly or recklessly transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by ADSL24 or other Internet users;

6.1.7 in a manner which restricts or inhibits any other user from using or enjoying ADSL24's products or services;

6.1.8 to utilise excessive amounts of bandwidth (as outlined in the AUP);

6.1.9 in breach of any reasonable instructions given by ADSL24;

6.2 ADSL24 shall have the right to examine, from time to time, the use to which the Customer puts the Services and the nature of the data/information that the Customer is transmitting or receiving via the Services where such examination is necessary: (i) to protect / safeguard the integrity, operation and functionality of ADSL24's (and neighbouring) networks; or (ii) to comply with police, judicial, regulatory or governmental orders, notices, directives or requests.

6.3 The Customer agrees to indemnify ADSL24 and its subcontractors from any liability or claim arising out of, or any penalty or fine imposed in respect of, the Customer’s breach of clause 6.

7 Service Suspension and Alteration

7.1 ADSL24 may suspend the provision of the Services or any part thereof, and/or disconnect the Customer’s facilities from the Network with no liability to the Customer for any loss or damages the Customer suffers as a consequence of such suspension if and to the extent that:

7.1.1 ADSL24 has reasonable grounds to believe that the Services are being used in breach of Clause 6; or

7.1.2 the Customer’s use of the Network may damage or disrupt the proper functioning of the Network; or

7.1.3 Temporarily, for operational or technical reasons;

7.1.4 the Customer does not pay ADSL24's invoices within the credit terms shown on each invoice.

7.2 ADSL24 shall give the Customer as much notice of a suspension under Clause 7.1 as is reasonably practicable in the circumstances.

7.3 ADSL24 shall be entitled to terminate or modify the Service, without any liability whatsoever, if any license or authorisation which ADSL24 requires in order to provide the Service is not obtained, withdrawn or otherwise cancelled; in the event of a modification that is detrimental to the Service the Customer shall have the right to terminate this Agreement by giving Notice in writing in accordance with Clause 4.

7.4 ADSL24 will provide the Service at the premises specified in the Customer’s Order. If the Customer wishes to move the Service to new premises, this will be treated as a cease of Service at the old premises with applicable notice and new provide at the new premises with applicable activation fees.

8 Charges and Credit Terms

8.1 ADSL24 only accepts payment by some debit cards, credit cards, Direct Debit (where applicable) and PayPal . ADSL24 may at its discretion only restrict the methods by which it will accept payment though such restriction will be disclosed on the Quotation for the Service.

8.2 Prices stated or quoted by ADSL24 do not include VAT unless explicitly stated.

8.3 On the date that the Customer places an order, ADSL24 shall invoice the Customer for the Activation Charges and the Initial Period.

8.3.1 The Customer agrees that thereafter, the Recurring Charges for the Services shall accrue and ADSL24 will charge the Customer monthly in advance unless otherwise explicitly agreed in writing;

8.3.2 All amounts due under this Agreement to be paid by the Customer to ADSL24 shall be paid in full (without deduction or withholding except as required by law) and the Customer shall not be entitled to assert any credit, set-off or counterclaim against ADSL24 in order to justify withholding payment of any such amount in whole or in part;

8.3.3 The initial payment shall be made at the time of order;

8.3.4 Services invoiced monthly can only be paid via debit card, credit card, Direct Debit or Paypal which has to be setup at the time of order;

8.3.5 Direct Debit payments may be taken for the ongoing monthly rentals after a minimum of 5 working days notice;

8.3.6 If ADSL24 cannot collect a Direct Debit payment, because the Customer has cancelled the instructions with the Customer’s bank or there are insufficient funds in the Customer’s account, a processing fee of £5+VAT will be applied to the outstanding balance;

8.3.7 ADSL24 reserves the right to immediately suspend all Services on the Customer’s account should the Customer’s Direct Debit fail for any reason outside ADSL24's control. Re-activation will incur a further charge as detailed in 8.4

8.3.8 Payment of subsequent invoices shall be made within 7 days of receipt;

8.4 Where the Customer disputes any amount due under an invoice the Customer shall notify ADSL24 in writing within 7 working days of receiving the invoice. The parties hereby agree to act in good faith and use reasonable endeavours to resolve the disputed sum within 14 days of notification of the dispute by the Customer. ADSL24 reserves the right to suspend the Service if the dispute is not resolved within the 14 day time period. Notwithstanding any other provision of this Agreement, ADSL24 shall have no liability to the Customer for any loss or damages the Customer suffers as a consequence of such suspension.

8.5 ADSL24 may, at their own discretion, charge interest on any overdue amounts payable from the due date (whether before or after judgment) at the rate of 5 percent per annum above the Sterling base rate of Natwest Bank PLC.

8.6 Any and all prices given as a Quotation are subject to change in accordance with standard terms and conditions. All Quotations are based on information supplied to ADSL24 by the Customer. In delivering the Service additional and supplemental work may be required and the Customer agrees to pay such additional amounts subject to their prior to approval.

8.7 ADSL24 reserves the right to charge for debt collection, following failure to pay by the Customer.

9 Termination

9.1 ADSL24 may terminate this Agreement by notice, such notice to take effect forthwith if:

9.1.1 the Customer has not paid following suspension under clause 8.4; or

9.1.2 the Customer has committed a material breach of this Agreement; or

9.1.3 the Customer fails to pay its debts when they become due; or

9.1.4 any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against the Customer, or for the Customer’s winding-up or dissolution, or any similar action or steps are taken in relation to the Customer and such action or steps are not withdrawn within 30 days; or

9.1.5 any administrator, administrative or other receiver or trustee or similar officer is appointed over the Customer or any steps are taken to do the same to the Customer.

9.2 The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either of ADSL24 or the Customer accruing up to such date.

10 Service Technology

10.1 ADSL2+ over shared line:

10.1.1 the product uses Asymmetric DSL (ADSL) technology, operating over an existing, Customer provided, BT PSTN line. It is not deployable on a PSTN line with certain products already installed;

10.1.2 It is the Customer’s responsibility that their phone line continues to work throughout the life of the Service;

10.1.3 The ADSL24 LLU ADSL2+ Service employs the ADSL2+ Annex A and Annex M variants of the ADSL standard according to the Service provided and the suitability for each of the copper line;

10.1.4 ADSL24 may, upon request, offer products over BT PSTN lines supplied by ADSL24. In this event call-barring will be applied to the line and is a mandatory requirement.

11 Delivery

11.1 The Customer acknowledges and agrees that acceptance of an Order and/or installation is not a guarantee that the Service can be successfully Activated. The factors that may limit the ability of ADSL24 to provide Services include but are not limited to:

11.1.1 geographic availability. Products are available over a standard BT PSTN line within certain footprints. The transmission performance of some metallic loops will mean that it is technically impracticable to provide Service to all Customers;

11.1.2 line characteristics. Each DSL Service states a line length over which Customers are likely to be able to assumptions;

11.1.3 BT exchange conditions and systems.

12 Data Protection

12.1 ADSL24 shall be entitled to store and process personal data provided on the Order form for its internal use and for the purposes of providing the Service.

12.2 The Customer has the right to request a copy of information relating to the Customer that is held by ADSL24, by written request to ADSL24's customer service team.

12.3 The Customer may change appropriate personal information relevant to them held by ADSL24 at any time, by advising ADSL24 in writing.

12.4 From time to time ADSL24 will contact the Customer about other ADSL24 products and services. If the Customer does not wish ADSL24 to contact them, it is their responsibility to inform ADSL24.

13 Service Level and Credits

13.1 Service level agreements or guarantees (SLAs) comprise of the following:

13.1.1 ADSL24 will aim to Accept or reject orders for the provision of a line within seven business days following submission of an Order;

13.1.2 ADSL24 will provide a telephone support system available during each working day between 09:00 and 17:00;

13.1.3 in the unlikely event that the Customer experiences a total loss of Service for more than twenty four (24) consecutive hours, the Customer will be compensated for each day’s disruption (including the first twenty four (24) hours) by a credit towards the Service fee equivalent to the amount the Customer would have paid for Service on those days;

13.1.4 in order to receive this credit, the Customer will need to notify ADSL24 as soon as the Service failure occurs;

13.1.5 service credits will be applied to the Customer’s account and will not be issued in the form of a cash or other refund payment;

13.2 The SLA does not cover hardware which has been provided by the Customer or by ADSL24. Every effort will be made to minimise disruption caused by a faulty router but service credit will only be paid on the ‘wires only’ part of the Service.

13.3 The SLA does not come into effect until after the Service has been successfully activated and used by the Customer to gain access to the Internet for the first time.

13.4 The SLA will not apply unless the Customer provides all reasonable information and co-operation as requested by ADSL24 that may be necessary to resolve a fault.

13.5 The Customer agrees that the service credits, as stated in clause 13.1, are an equitable remedy in respect of all loss or damage which the Customer may suffer as a result of such loss of Service, and that it shall be the Customer’s sole and exclusive remedy in respect of such loss of Service.

13.6 The Customer will not be entitled to Service Credits if a service fault is due to use of incompatible router equipment or any router equipment on the Service that has not been declared to be compatible with the Service by ADSL24 in writing.

13.7 The Customer will not be entitled to service credits if the Customer has changed or reset the configuration on the routing equipment for the Service provided by ADSL24 or by the Customer without the explicit instruction to do so by ADSL24.

14 Liability

14.1 ADSL24 gives no warranty and makes no representation in respect of the Services including, without limitation, the availability of such Services save as specified in the Terms and Conditions and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such Services.

14.2 ADSL24 shall not be liable to the Customer whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the appointment of the Customer and/or the use of the Services:

14.2.1 loss of revenue; and/or

14.2.2 loss of anticipated savings; and/or

14.2.3 loss of business and/or goods; and/or

14.2.4 loss of goodwill; and/or

14.2.5 loss of use; and/or

14.2.6 loss and/or corruption of data and/or other information, and/or

14.2.7 downtime; and/or

14.2.8 any damage relating to the procurement by the Customer or third party Customer of any substitute services.

14.3 For the avoidance of doubt, neither the types of loss and/or damage specified in clauses 14.2.1 to 14.2.9, inclusive, nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

14.4 In no event shall ADSL24's liability to the Customer, whether in contract, tort, by statute or otherwise exceed the greater of £5,000 (five thousand pounds sterling) and the total payments received from the Customer in the previous calendar year.

14.5 Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.

15 Force Majeure

No failure or omission by ADSL24 to carry out or observe any of the terms and conditions of this Agreement shall give rise to any claim against ADSL24 or be deemed a breach of this Agreement if such failure or omission arises from a cause of force majeure or any other cause beyond the reasonable control of ADSL24.

16 Miscellaneous

16.1 No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or other matter, non-compliance or breach.

16.2 This Agreement represents the entire understanding between the parties in relation to the matters dealt with herein and supersedes all previous covenants and representations made by either party, whether oral or written. This Agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party hereto.

16.3 This Agreement is specific and limited to the Customer and may not be assigned, sub-contracted or otherwise dealt with by the Customer without the prior written consent of ADSL24.

16.4 The Customer shall comply with any and all rules, laws, statutes, enactments, orders, regulations, codes of practice and/or similar instruments applicable to the performance of its obligations under this Agreement.

17 Law

This Agreement shall be governed by and construed exclusively in accordance with English law, and the parties hereby submit to the exclusive jurisdiction of the English courts.