Beeline Broadband Terms and Conditions for Broadband Services
This document sets out the terms and conditions of your use of the broadband services which Beeline Broadband Ltd (“Beeline Broadband”) provides that together with the Price List as varied from time to time comprises the full agreement for your use of our broadband services (the “Agreement”). All orders for the provision of the Broadband Services if accepted by Beeline Broadband are subject to the following terms and conditions which will apply even if Beeline Broadband receives an order form with different terms and conditions.
1. Definitions
In this Agreement:
“Broadband Services” means the broadband internet access provided to you by Beeline Broadband in accordance with the terms of this Agreement;
“Equipment” means any purchased, rented or loaned electronic hardware provided by Beeline Broadband to enable you to access the Broadband Services;
“Equipment Guidelines” means the guidelines or instructions provided by Beeline Broadband in relation to the care and maintenance of Equipment and Relay Equipment.
“Location” means the single and specific postal address within the United Kingdom which you have notified to Beeline Broadband and at which the Equipment will be installed;
“Minimum Term” means the first twelve (12) months from the date of activation of the Broadband Services in accordance with the terms of this Agreement;
“Price List” means the list of fees and charges imposed by Beeline Broadband in consideration for the provision of the Broadband Services;
“Relay Equipment” means Equipment that also provides Broadband Service to others in your local area;
“Service Area” means the area within which Beeline Broadband is technically able to provide the Broadband Services from time to time;
“Subscription Payment” means the payments that you must make to Beeline Broadband in order to receive the Broadband Services calculated in accordance with the Price List.
“Support Service” means the assistance for the Broadband Services provided on a best-efforts basis during normal business hours by Beeline Broadband to you. (Contact details in Clause 6 below)
2. Commencement and Duration of this Agreement
This Agreement commences on the date of activation of the Broadband Services and will continue for the Minimum Term and indefinitely thereafter unless terminated earlier by either party in accordance with the terms of this Agreement. Acceptance of your application for Broadband Services may be subject to the performance of a credit check on you and Beeline Broadband being satisfied in all respects with the outcome of the credit check.
You have the right to cancel this Agreement within 7 days of the Commencement Date by giving notice in writing to Beeline Broadband. Such notice must clearly set out your name, address, postcode and customer number. You will not be reimbursed for the installation or cost of any Equipment if you cancel after it has been installed.
3. Availability of the Broadband Services
The Broadband Services are only available within the Service Area.
Even if the Location is within the Service Area you will only be able to receive the Broadband Services if such Location is suitable for the receipt of wireless Broadband Services as provided by Beeline Broadband. Beeline Broadband will determine whether the location is suitable prior to or at the time of installation of the Equipment.
The determination of whether the Location is suitable for receipt of the Broadband Services is at the sole discretion of Beeline Broadband and its employees, agents or contractors. Neither Beeline Broadband nor its employees, agents or contractors shall have any liability to you in the event that either they determine that the Location is not suitable for receipt of the Broadband Services or they determine at some future time that, for any reason, the Location has become unsuitable for receipt of Broadband Services.
4. Installation of Equipment
When your application has been accepted, Beeline Broadband will, or will arrange for a third party installer to, contact you to arrange for delivery and installation of the Equipment on a mutually convenient date.
You must ensure that any installer is able to access the Location on the date agreed for delivery and installation of the Equipment.
The installation of the Equipment may require certain wayleaves, consents or permissions. It is your responsibility to ensure that all necessary wayleaves, consents or permissions have been obtained before the Equipment is installed.
The installation service that is provided assumes that, other than the Equipment, no additional cabling, brackets or equipment is required nor any works required which are beyond the scope usually required in a normal installation. If additional cabling, brackets, equipment or work (including, by way of example, any lightning protection equipment you may advise that you wish to have installed) is required then you will be charged for an additional sum to reflect this. The third party installer, or Beeline Broadband, will advise you of such charges before the Equipment is installed.
In addition to accessing the Location in accordance with Clause 3, Beeline Broadband or any installer appointed by it may, from time to time, need to access the Location to install and/or repair Relay Equipment. Beeline Broadband shall use reasonable endeavours to arrange a mutually convenient date and time with you in advance and you agree to give any employee, agent or contractor of Beeline Broadband permission to enter the Location.
In the case of an emergency or if Beeline Broadband have not been able to contact you having used reasonable endeavours to do so you agree that Beeline Broadband may access the Location without giving prior notice.
In addition to any other rights that Beeline Broadband may have, if you do not pay in full for all purchased Equipment delivered to you, Beeline Broadband may at its discretion, take back such Equipment and upon giving you reasonable notice of the intention to do so, suspend the Broadband Services and terminate this Agreement.
5. Technical Support
If support is required, the procedure is to email us on [email protected] or phone us on 01751 458075. Messages should be left on the voicemail recording system.
6. Relay Point
If Beeline Broadband needs to use your Location as a Relay Point, you accept that Beeline Broadband may install the Relay Equipment both internally and externally at the Location, such installations to be in accordance with this Agreement as Beeline Broadband sees fit.
The Relay and receiving Equipment remains the property of Beeline Broadband and Beeline Broadband may need to alter or renew it from time to time at its discretion. In order to do this Beeline Broadband requires reasonable access to your premises and will do so in accordance with Clauses and above.
You agree to:
- take reasonable care of the Relay Equipment in accordance with the Equipment Guidelines;
- not alter the position of the Relay Equipment;
- notify Beeline Broadband immediately of any loss or damage to any part of the Relay Equipment by contacting Beeline Broadband by letter;
- pay for any electricity consumed by the Relay Equipment;
- maintain a continuous supply of electricity to the Relay Equipment; and
- return the Relay Equipment to Beeline Broadband (or allow Beeline Broadband to collect the Relay Equipment) in a reasonable condition on termination or expiry of this Agreement.
7. Equipment
You will ensure that any accessories that you attach (directly or indirectly) to the Equipment are technically compatible with the Equipment or the Broadband Services and that their use does not breach any relevant legislation or telecommunications industry standards.
You agree that you will seek at all times to avoid causing interference to the Equipment or the Broadband Services; by way of example and not limited to, any interference caused by you attempting to operate any other equipment on the same radio frequency channel or channels through which the Broadband Services are delivered to you by Beeline Broadband at any given point in time.
Any extra purchased Equipment supplied by Beeline Broadband comes with a manufacturer’s warranty against faults arising in the first 12 months following installation due to defective materials or workmanship. The warranty does not cover any of the following: accidental or deliberate damage to the Equipment, defects due to interference with or maintenance of the Equipment by persons other than Beeline Broadband employees, agents or contractors; any faults arising out of misuse or your failure to comply with the manufacturers’ instructions and/or any other instructions which Beeline Broadband have supplied and/or notified to you; cosmetic damage which does not affect the functionality of the Equipment and damage caused which is outside of the reasonable control of Beeline Broadband or its suppliers. This warranty shall also not apply if payment for the Equipment is overdue.
Beeline Broadband’s sole liability during the warranty period referred to in this clause is to repair or replace (at its sole discretion) the faulty component part of the Equipment.
From the time of delivery the Equipment will be at your risk, except as regards any loss or damage caused by any act or omission of Beeline Broadband or that of any employee, agent or contractor of Beeline Broadband.
Any purchased Equipment shall remain the property of Beeline Broadband and ownership shall not pass to you until Beeline Broadband have received payment in full for all Equipment delivered to you.
8. Charges and Deposits
You agree to pay to Beeline Broadband the Subscription Payment every month in advance together with any value added tax and any other taxes at the applicable rates from time to time which apply in relation to such sums.
You may need to provide credit/debit card details in your application to enable Beeline Broadband to collect payments from your account. If you seek to make the Subscription Payments in a manner other than by way of credit/direct card Beeline Broadband reserves the right to levy an additional administration charge as detailed in the Price List.
Beeline Broadband reserves the right to change the Subscription Payment at any time by giving you at least one calendar months’ notice.
You must ensure that the account holder’s name is the same as the name on the payment details that are provided.
If you currently receive either a broadband or narrowband (e.g. dial up internet access) service from an alternative supplier you are responsible for any contractual agreement you have with them and any liabilities you may incur for terminating your current agreement.
If you change address, you may transfer the Broadband Services to your new address on payment of a moving/installation fee as set out in the Price List provided our service is available at your new location.
9. Money Back Guarantee/Returns (RMA)
In the unlikely event that a product from Beeline Broadband does not meet with your expectations, you may return the item to us. You must ensure that any returned goods are complete including all fittings and are undamaged, resalable and in their original packaging. Responsibility for shipping costs when returning goods lies entirely with you, the customer. Before returning goods, you must notify us of your intention to do so by contacting us. At that time we will provide you with a returns (RMA) number which you need to quote on the outside of the returned package and along with your name and address on a covering letter inside the returned package. Goods returned without an RMA number will not be accepted. If we do not receive your goods within 14 days of the RMA number being issued to you, then the RMA number becomes void and you will need to request a new RMA number.
If you notify us that you wish to send goods back to us within seven working days of your receipt of them, then we will refund both the product cost and the original shipping cost within 30 days if you are returning the complete order only. Postage will not be refunded for a partial return. The seven working day cooling off period starts on the first working day after you receive your goods. If you notify us that you wish to send goods back to us within 30 days of your receipt of them, then upon our receipt of the returned goods we will refund the original product cost only within 30 days of our receipt. The 30 day money back guarantee period starts on the first day after you receive your goods.
We cannot accept returns of software which has been opened. All goods must be returned as supplied with regard to packaging and general condition. In the event that goods are returned in unacceptable condition, refunds will made at our discretion and any refund made will be subject to a restocking fee. All special order items and items sold to trade customers are subject to a restocking fee. Please ensure your parcel is sensibly and suitably packed and protected.
10. Failure to Pay
If your payment is rejected, or becomes, or is, invalid or unavailable, thereby preventing Beeline Broadband from recovering the sums due from you within 7 days following the due date for payment, Beeline Broadband reserve the right immediately to withdraw your access to the Broadband Services. You may also be charged an administration fee in relation to bank charges and any letters that Beeline Broadband may send to you.
If your account remains unpaid for a period 30 days after the original due date for payment, your service may be suspended and your account will be referred to Beeline Broadband’s credit agency for it to take the appropriate action to collect the outstanding sums.
11. Retention of Title
Notwithstanding delivery and passing of risk, property in and title to the goods shall remain with the seller (Beeline Broadband Ltd) until the seller has received payment of the full price of (a) all Goods the subject of the Contract and (b) all other goods supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
If Beeline Broadband deems it necessary to instruct solicitors or other professional advisers to collect any outstanding sums on your account, you will be responsible for, and Beeline Broadband will look to you to discharge, any such costs that are incurred by Beeline Broadband in taking such action.
12. Your Use of the Broadband Services
The Broadband Services are provided solely for your use and you cannot resell or attempt to resell the Broadband Services (nor any part of them) to any third party nor allow any third party to use the Broadband Services unless you have prior written approval and agreement from Beeline Broadband so to do. In addition, if you have a mail server, you must not allow relay e-mails from outside your domain from your mail server.
Beeline Broadband does not warrant or guarantee the accuracy or completeness of any of the information, sound, software and any other materials (in whatever form) and services made available to you as part of the Broadband Services (the “Content”) or any further information or results which may be derived from it. You acknowledge that you will not rely on any Content in making any business or other decision and that your use of the Content is at your sole risk.
Please note that there may be additional conditions (either those of Beeline Broadband or of a third party) displayed online relating to particular Content. These conditions will also form part of this Agreement should you access such Content.
You are entirely responsible for evaluating any goods or services offered by third parties via the Broadband Services or on the Internet. Beeline Broadband will not be a party to or in any way be held responsible to you for any transaction between you and third parties.
You warrant that any information you make publicly available through your use of the Broadband Services, both yours (“Customer Information”) or that of a third party (“Third Party Content”) is and will remain wholly accurate and will not include any information or material, any part of which, or the accessing of which or use of which, would be a criminal offence or is otherwise unlawful.
You also warrant that you will comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities and relevant licences which relate to the provision of any information you make publicly available through your use of the Broadband Services including those notified by Beeline Broadband to you.
You must not use the Broadband Services:
- in a way that breaches any legislation or any licence applicable to you or that is in any way unlawful or fraudulent; or
- to deliver, knowingly receive, upload, download, use or re-use any information or material which is abusive, offensive, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights or applicable laws, rules or regulations; or
- to send or procure the sending of any unsolicited advertising or promotional material; or
- in a way that does not comply with our specific instructions; or
- to make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, cancelbots or any other harmful software; or
- impersonate another person or use a false name or a name that you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications; or
- make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect personal information about others (e.g. names/addresses etc.) without their consent or otherwise do anything which would infringe on third party’s rights; or
- damage, interfere with or disrupt access to the Broadband Services or do anything which may interrupt or impair the provision of services to third parties; or
- make excessive use of the Broadband Services to the detriment of others including without limitation by continuously streaming video or audio or video/audio conferencing continually.
You will fully indemnify Beeline Broadband against any actual or potential claims or legal proceedings against Beeline Broadband by a third party because of or in any way connected with your use or misuse of the Broadband Services in breach of the provisions of this Clause.
You acknowledge that Broadband Services are provided to other users and that Beeline Broadband owes a duty to these users as a whole to preserve network integrity and avoid network degradation. If, in its reasonable opinion, Beeline Broadband believes that your use of the Broadband Services has or may adversely affect such network integrity or may cause network degradation, Beeline Broadband may manage your Broadband Services as Beeline Broadband sees fit in the circumstances, including the suspension of your access to Broadband Services until such time as Beeline Broadband can be satisfied that you will have no further adverse effects on other users of the Broadband Service.
You agree to comply with any and all reasonable instructions that Beeline Broadband may give to you which Beeline Broadband believes may be necessary for health, safety or security reasons for the quality of the Broadband Services provided to you or other customers.
The service is provided on a fair use basis. If your use of the Broadband Services is excessive causing degradation of the entire System, Beeline Broadband reserves the right to require you to reduce your usage and/or impose a temporary or permanent limit in addition to any limit which Beeline Broadband may need to impose from time to time to provide a reliable service to all customers.
13. Provision of the Broadband Services
Beeline Broadband will provide the Broadband Services to you with reasonable skill and care and in accordance with the provisions of this Agreement. Whilst Beeline Broadband will use reasonable endeavours to begin providing these Broadband Services by any date provisionally agreed with you, Beeline Broadband shall have no liability for any failure to meet any date.
In order to use the Broadband Services, you require the Equipment and a personal computer of a minimum specification. You must also ensure that compatible cables and extension leads are used to and from the Equipment and PC in order to use the Broadband Service. You acknowledge that Beeline Broadband is dependent upon certain third parties to install the Equipment in order to provide the Broadband Services to you.
You also acknowledge that there may be technical limits that prevent Beeline Broadband from delivering an operational service to you. Beeline Broadband will endeavour to provide the Broadband Services to you at all times. However, the service is competitive and at times due to congestion within the network, access to the service may be restricted or the speed of service may be reduced.
You acknowledge that the Broadband Services make use of radio frequencies that are not exclusively licensed to Beeline Broadband and may, therefore, be subject to interference or interruption.
You acknowledge that Beeline Broadband may, at its absolute discretion and at any time, choose to restrict the types of content that may be accessed by you; for example and not limited to, “file sharing” applications that Beeline Broadband decides are detrimental to the overall operation of the Broadband Services.
You acknowledge that Beeline Broadband may have installed certain monitoring software on all their PC and server systems that are directly connected to their Broadband Services for the purposes of tracking your usage of the Broadband Services.
You acknowledge that the Broadband Services may provide a permanent connection to the internet whilst in operation; you further acknowledge that it is your sole responsibility to ensure the security and integrity of any of your equipment attached to the Broadband Services, including and not limited to you providing yourself with adequate protection by using an appropriate software or hardware firewall. You acknowledge that Beeline Broadband has and does not provide any specific advice to you in this regard.
Beeline Broadband does not guarantee to provide a fault free service. If, however, a fault occurs, you should report the fault by telephone or electronic mail if available, or in writing to the Support Service. Beeline Broadband will let you know as soon as reasonably practicable of any planned periods of downtime of the Support Service.
Beeline Broadband may suspend the Broadband Services during scheduled periods of downtime where necessary for operational reasons such as repair, maintenance or improvement of the Broadband Services or because of an emergency. Beeline Broadband will restore the Broadband Services as soon as it reasonably can after suspension.
Beeline Broadband may, for operational or other reasons, change any codes or the numbers allocated to you or the specification of the Broadband Services but any such changes will not materially affect the Broadband Services.
The Residential Broadband Services are only provided under this Agreement for residential customers and for residential use. The Broadband Services nor any part of them must not be sold for money or monies worth.
The Business (“Gold”) Broadband Services are only provided under this Agreement for business customers and for business and residential use. The Broadband Services nor any part of them must not be sold for money or monies worth.
Beeline Broadband has no liability, whether due to its negligence or otherwise, for any loss incurred by any business, trade or profession carried on by you or any other person using the Broadband Services.
The Broadband Services nor any part of them must neither be redistributed by you beyond the Location specified nor to any third parties.
14. User names and Passwords
You must ensure that any user names and passwords used provided in connection with the Broadband Services are kept confidential and are only used by authorised users. You must inform Beeline Broadband immediately if you know or suspect that a user name or password has been disclosed to an unauthorised user or is being used in an unauthorised way. You must not change or attempt to change a user name without written consent.
Beeline Broadband reserves the right (at its sole discretion): to suspend user names and password access to the Broadband Services if at any time Beeline Broadband thinks that there has been or is likely to be a breach of security; and to ask you to change any or all of the passwords you use in connection with the Broadband Services.
You accept and acknowledge that the Broadband Services, as in other Internet applications, may be insecure and Beeline Broadband cannot guarantee the prevention or detection of any unauthorised attempts to access the Broadband Services.
15. Personal Data
By registering for the Broadband Services you consent to Beeline Broadband using and/or disclosing your personal information for the following purposes:
- processing your application (which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a card debit account);
- providing or arranging for third parties to provide customer care/help desk facilities and billing you for the Broadband Services (which may involve disclosing your information to third parties solely for those purposes); and
- to selected third parties for the purposes of providing and operating the Broadband Services and installing Equipment.
Beeline Broadband will comply with its obligations under the Data Protection Act 1998 and any other applicable data protection legislation. You are also required to comply with all data protection legislation.
You expressly acknowledge that Beeline Broadband may monitor, store, use and disclose information about your use of the Broadband Services as required by UK law.
Beeline Broadband may contact you before, during and after the term of this Agreement in order to administer, evaluate, develop and maintain the Broadband Services. Please note that your telephone calls may be recorded and Beeline Broadband will keep a record of personal information you provide in connection with the Broadband Services.
You must notify Beeline Broadband immediately of any change to any details that you have provided.
16. Intellectual Property Rights
You warrant that you are the owner of, or that you are authorised by the owner of, any trade mark or name that you wish to use as your registered Domain Names (“Domain Names”) and use as part of your uniform resource locator (“URL”).
Beeline Broadband may either refuse to provide or may suspend the Broadband Services if it reasonably believes that the Domain Names or URL is, or is likely to be, offensive, abusive, defamatory or obscene or in breach of the provisions of Clause .
Any patents, design rights, know-how, copyrights, trademarks, the right to use software and all other similar proprietary rights (whether registered or unregistered) worldwide (“Intellectual Property Rights”) relating to the Broadband Services or arising during the development of the Broadband Services, belong to Beeline Broadband or to a relevant third party.
The Content may be protected by copyright, trademark and other Intellectual Property Rights, as applicable. You must not and must not permit anyone else to copy, store, modify, distribute externally, broadcast or publish any part of copyrighted Content, and the Content may only be used for your own purposes.
17. Intellectual Property Right Indemnity
You will fully indemnify and hold Beeline Broadband harmless against all claims and proceedings arising from infringement of any third party’s Intellectual Property Rights by reason of your use of the Broadband Services.
18. Limitation of Liability
Nothing in this Agreement excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
Beeline Broadband shall not be liable to you, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business, contractors or anticipated savings, nor for any unforeseeable loss, marked expense, indirect or consequential loss or damage or for any destruction of data.
Subject to the Clauses of this agreement, Beeline Broadband’s liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident or series of related incidents be limited to half the annual fees paid by you to Beeline Broadband in the year in which the liability first arose. For all events in any 12 month period to be limited to the total annual fees paid by you to Beeline Broadband in the year in which the liability first arose.
Beeline Broadband is under no obligation to edit, review or modify Customer Information or Third Party Content. However, Beeline Broadband reserves the right to remove any Customer Information or Third Party Information without notice.
Beeline Broadband excludes all liability of any kind in respect of: Content and any other material on the Internet which can be accessed using the Broadband Services and are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Broadband Services or on the Internet; the accuracy, completeness or suitability for any purpose of any Content; and the acts or omissions of other providers of telecommunications or Internet services (including Domain Name registration authorities) or for faults in or failure of their equipment and networks or other matters beyond the reasonable control of Beeline Broadband.
19. Termination of this Agreement
Beeline Broadband may at any time (whether during the Minimum Period or otherwise) terminate this Agreement giving 30 days’ notice to you. Beeline Broadband may in its sole discretion terminate this Agreement or suspend the Broadband Services immediately, in the event that:
- it is directed by any competent authority to cease the provision of the Broadband Services or any part of it; or
- you fail to pay any charges for the Broadband Services; or
- any credit card or direct debit details submitted by you for payment are found not to be or cease to be valid; or
- if you use or Beeline Broadband suspect that you are using the Broadband Services in contravention of any of Clauses , and or you are otherwise in breach of any term of this Agreement; or
- Beeline Broadband’s contract with any third party who assists in providing the Broadband Services to you is terminated; or
- a voluntary arrangement is proposed, a bankruptcy petition is presented or order granted or a receiver or trustee is appointed over your estate.
Beeline Broadband may, before reinstating the provision of Broadband Services to you following suspension in accordance with Clause above, demand the payment of a security deposit of up to £500 or more, as Beeline Broadband sees fit.
Following suspension of the Broadband Services in accordance with Clause above if the circumstances leading to such suspension remains or if you fail to pay any security deposit requested in accordance with Clause then Beeline Broadband may immediately terminate this Agreement.
You may terminate this Agreement on giving at least 1 months’ notice, such notice to be effective no earlier than the end of the Minimum Term. You may also terminate this Agreement at any time on giving at least 1 months’ notice if you move to a new address which is not within the Service Area or to which it is not otherwise possible to provide the Broadband Services on production of proof of your changed address. On termination you are responsible for any costs involved in the removal and return of all receiving and relay equipment
Either party may terminate this Agreement immediately, on notice, if the other commits a material breach of this Agreement and fails to remedy the breach within 30 days of a written notice to do so.
If you terminate this Agreement in accordance with this Clause, then you must pay all sums due to Beeline Broadband for the Broadband Services in accordance with this Agreement until the date on which actual termination takes place.
Upon termination or expiration of this Agreement registration to any services provided by Beeline Broadband or those of third parties provided in the course of and/or for the purposes of the Broadband Services will cease at such time as the provision of the Broadband Services ends.
Force Majeure: Neither party will be liable to the other for any failure to deliver the Broadband Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to: lightning, exceptionally severe weather, fire, explosion, war, act or the threat of any act of terrorism, industrial disputes, government action or regulation or national or local emergency. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.
20. General Provisions
Beeline Broadband may change the provisions of this Agreement (including the charges) at any time, provided that you are given notice of the changes at least 14 days before the change is to take effect at which time you may terminate this Agreement if the change has a material adverse affect on the Broadband Services.
This Agreement represents the entire understanding between the parties in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written.
The parties acknowledge and agree that: the parties have not been induced to enter into this Agreement by any representation, warranty or other assurance not expressly incorporated into it; and in connection with this Agreement the parties’ only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Agreement and that all other rights and remedies are excluded, except in the case of fraud.
This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Notices given under this Agreement must be in writing and may be delivered by hand, courier or first class post, by fax or e-mail from you at the relevant postal or email address provided as part of the details which you submit during the registration process or from any alternative address that you provide to Beeline Broadband at the address shown at Clause 6 above or any alternative address which Beeline Broadband notifies to you;
Beeline Broadband may assign, sub-contract or transfer any of its rights or obligations under this Agreement without your prior written consent. You may not assign sub-contract or transfer any of your rights or obligations under this Agreement without the prior written consent of Beeline Broadband.
If any part, term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.
If either party delays in acting upon a breach of this Agreement, that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that wavier is limited to that particular breach.
21. Law
This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. Dated: 18/06/2012
22. Privacy Policy
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the UK Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and second, to provide you with the best possible service. We will not e-mail you in the future unless you have given us your consent and we will never collect sensitive information about you without your explicit consent. We do not share your information with any other companies or individuals and we take appropriate steps to protect the information you give us. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. We may use technology to track the patterns of behaviour of visitors to our site. We operate an anti-spam policy and do not send, condone or promote the use of unsolicited commercial email or marketing material.
23. Complaints Procedure
If a customer dispute arises then details of the concern should be emailed in the first instance to [email protected]. Alternatively the customer can write a letter and post it to Beeline Broadband Ltd., Brawby Grange, Brawby, Malton YO17 6PZ. Both parties shall attempt to settle the issue by negotiation for a period of at least 14 days. To this end they shall use their respective reasonable endeavours to consult or negotiate with each other in good faith, and recognising their mutual interests, attempt to reach a just and equitable settlement satisfactory to both parties. If the said dispute cannot be resolved then the parties can use CISAS which is a free and independent ADR service approved by the UK communications regulator, Ofcom. The link to the procedure can be found at www.cedr.com/cisas. CISAS can be contacted at 70 Fleet Street, London EC4Y 1EU or by telephone on 020 7520 3827. Complainants will be able to access the service eight weeks after the complaint is first received.
24. General
Copyright © Beeline Broadband Ltd. All rights reserved. No part of this website may be reproduced without express written permission from the copyright holder. All trademarks are acknowledged as being the property of their respective owners. Actual products may vary in appearance to those shown on this website. All prices are in UK Pounds Sterling unless specified otherwise. Nothing in these terms and conditions of sale affects your statutory rights. Errors and omissions excepted.