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Beeline Broadband Business to Business Terms and Conditions
You should read these terms and conditions carefully as they contain important information.
This document sets out the terms and conditions and together with the Price List and the latest version of any other policy we tell you about as varied from time to time comprises the full agreement of your arrangement with Beeline Broadband Ltd (the “Agreement”). These are the terms and conditions which apply when we provide you with a service and any related installation services.
1. Definitions
Beeline Broadband - We are Beeline Broadband Ltd (Company Registration Number: 4947851) whose registered office address is Brawby Grange, Brawby, Malton, North Yorkshire, YO17 6PZ
Beeline Owned Equipment – any equipment which we own or is part of our network, or any equipment that belongs to our service providers or contractors, even though it is in your home.
Broadband Services – means the broadband service provided to you by Beeline Broadband in accordance with the terms of this Agreement;
Equipment – both the Loaned Equipment and the Purchased Equipment.
Loaned Equipment – the Beeline Owned Equipment together with any equipment we loan to you as part of a service including the Relay Equipment as shown in your Order Confirmation
Location - the single and specific postal address within the United Kingdom which you have notified to Beeline Broadband
Minimum term – the first twelve (12) months from the date of activation of the Broadband Services in accordance with the terms of this Agreement;
Order Confirmation – the email or letter we send you after we accept your order for a service.
Price List: means the list of fees and Subscription Payments imposed by Beeline Broadband in consideration for the provision of the Equipment and Broadband Services;
Purchased Equipment – the equipment you purchase as part of a service, as shown in your Order Confirmation
Relay Equipment – the equipment that also provides Broadband Service to others in the Service Area;
Service Area: means the geographical area within which Beeline Broadband is technically able to provide the Broadband Services from time to time;
Service Features – any products, features, benefits, ‘add-ons’ or extra services we provide on top of or as part of a service. Service features might have extra terms and conditions that you will have to keep to.
Service Start Date – the date a service starts, as shown in your Order Confirmation (unless we tell you another date).
Subscription Payments – the fees you pay for a service and any service feature plus anything else you need to pay in line with this Agreement or our Price List.
Working Days – Monday to Friday, except bank holidays and public holidays.
2. Commencement and Duration of this Agreement
2.1 Beeline Broadband only accepts orders when they have been checked.
2.2 Acceptance of your order for Equipment and 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.
2.3 Each service starts on the date shown in your Order Confirmation.
2.4 Each service will last for at least the Minimum Term and indefinitely thereafter unless terminated by either party provided that such termination shall be in accordance with the terms of this Agreement.
2.5 If you want to end a service before its Minimum Term has ended you may have to pay us compensation in accordance with this Agreement.
2.6 If you end a service and fail to procure the return the Loaned Equipment within 1 months’ you will be charged.
3. Preliminary Obligations
3.1 You shall:
3.1.1 Ensure that the Order Confirmation is complete and accurate;
3.1.2 Co-operate with the Beeline Broadband in all matters relating to the Broadband Service
3.1.3 provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Location, office accommodation and other facilities as reasonably required by the Supplier;
3.1.4 provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
3.1.5 prepare the Location for the supply of the Broadband Services and installation of the Equipment.
4. Broadband Services
4.1 The Broadband Services are only available in the Service Area.
4.2 If the Location is within the Service Area you will only be able to receive the Broadband Services if such Location is suitable for receipt of the Broadband Services which shall be determined at the sole discretion of Beeline Broadband its employees, agents or contractors.
4.3 Beeline Broadband its employees, agents or contractors shall have no liability to you for any determination made by them pursuant to provision 4.3 of this Agreement or should they determine at some future time that, for any reason, the Location has become unsuitable for receipt of Broadband Services.
4.4 You agree that you’ll do the following in connection with the service:
4.4.1 Follow any reasonable instructions we give you and help us run our security checks.
4.4.2 Get any permission we need to provide a service in your home or to install anything for you.
4.4.3 Tell us if you change your name, address, email address, mobile number, payment details or anything else we might need to know about.
4.4.4 Do everything you can to stop anyone else from using the Broadband Services and keep your bill and account details safe from fraudsters.
4.4.5 Use each service lawfully. That means you must not use it in a way that breaks any law, regulation or rule in force in England and Wales, Scotland or Northern Ireland (as appropriate).
4.4.6 Not do anything which might have a negative effect on:
4.4.6.1 our systems, networks, servers, brand, reputation or security;
4.4.6.2 other customers’ services or equipment;
4.4.6.3 other customers’ security; or
4.4.6.4 other person’s or business’s systems, networks or security.
4.5 Each service may have monthly usage limits as notified to you from time to time. If you go over any of these, Beeline reserve the right to charge you for the extra usage.
4.6 If we reasonably believe you’ve misused a service, or have let anyone else misuse it, you might have to pay us for any loss or damage we suffer as a result.
5. Installation
5.1 If you need any Equipment installed, or if your broadband needs activating, we’ll agree a date for this with you. You must let us into your home if necessary.
5.2 If you need to change or cancel an appointment, you must tell us at least two working days beforehand. Any change or cancellation of an appointment after the notification period set out in the provision will result in the payment of an administration charge.
5.3 We might charge you for installing Equipment or activating the Broadband Services and any such payments shall be confirmed in your Order Confirmation.
5.4 Any installation beyond the scope usually required in a normal installation including the addition of cabling, brackets or equipment required by you or pursuant to the individual requirements for the Location will be reflectively charged as an additional sum. Beeline Broadband, will advise you of such payments before such installation is undertaken.
5.5 If installation work has already started, we won’t refund the installation charge.
5.6 You will be charged the full installation charge if you prevent the installation from being done.
5.7 We can only install the Equipment if someone over 18, who can make decisions about where and how we install it, is at home.
5.8 On the day we install the Equipment, we might need to disconnect your phone line for a while. If possible, please have a backup for making calls to emergency services.
5.9 If we need to change the installation date, we’ll try to contact you at least two working days beforehand.
5.10 Beeline Broadband will assume no liability in respect of any breach of provision 5.8 or 5.9.
5.11 The engineer won’t be responsible for connecting any equipment that we haven’t provided.
5.12 You warrant that you have the necessary proprietary rights to the property including but not limited to wayleaves, consents, permissions, authorisations, licences, leasehold and/or freehold rights to permit the installation of the Equipment at the Location by Beeline Broadband.
5.13 In order to use the Broadband Services, you will require a personal device of a minimum specification as defined at the sole discretion of Beeline Broadband.
5.14 You must ensure that compatible devices are used to connect to the Equipment in order to use the Broadband Service. 5.15 You acknowledge that Beeline Broadband is dependent upon certain third parties to install the Equipment in order to provide the Broadband Services to you.
5.16 You also acknowledge that there may be technical limits that prevent Beeline Broadband from delivering an operational service to you.
5.17 Beeline Broadband will endeavour to provide a continuous service. 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.
5.18 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.
5.19 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.
5.20 You acknowledge that Beeline Broadband may have installed certain monitoring software on their systems that are directly connected to their Broadband Services for the purposes of tracking your usage of the Broadband Services.
5.21 You 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.
5.22 You acknowledge that Beeline Broadband has and does not provide any specific advice to you in regards to appropriate software or hardware firewall.
5.23 Beeline Broadband does not guarantee to provide a fault free service. If, however, a fault occurs, you should report the fault by telephone or email if available, or in writing to the Support Service.
5.24 Beeline Broadband will let you know as soon as reasonably practicable of any planned periods of downtime of the Support Service via the Network Status page of the Beeline website and/or by email.
5.25 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 that is outside the scope of suspension pursuant to clause 10 of this Agreement.
5.26 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.
5.27 The Broadband Services nor any part of them must neither be redistributed by you beyond the Location specified nor to any third parties.
6. Support and provision of Broadband Services
6.1 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.
6.2 We may take instructions from a person who we have good reason to believe is acting with your permission.
6.3 We aim to provide the Broadband Services using reasonable care and skill. However, due to the nature of each Broadband Service and Equipment we use to provide it, we can’t guarantee that it’ll be available all the time.
6.4 Sometimes faults in our network affect a service. We’ll fix any faults as soon as we can.
6.5 Occasionally we might have to interrupt, change or temporarily suspend some or all of a service. That could be to maintain, upgrade or repair the network. If we do, we’ll try to get the network up and running again as quickly as possible.
6.6 In exceptional circumstances, we might have to do things to manage our network’s performance.
6.7 If we know or believe that any of your devices have been infected by malware (software designed to disrupt or damage a computer system, such as a computer virus), or if any of your devices try to get access to a malicious website (a website that attempts to install malware), we might take action. That might mean putting software onto our network to stop the spread of that malware or to prevent your devices from going to the malicious website.
6.8 We try to make sure antivirus software and other security features we provide are effective. Please make back-up copies of your documents, photos and so on in case the originals are lost or corrupted.
7. Relay Point
7.1 If Beeline Broadband needs to use your Location as a relay point as Beeline Broadband shall in their sole discretion decide, you accept that Beeline Broadband may install the Relay Equipment both internally and externally at the Location, such installations shall be in accordance with this Agreement.
7.2 The Relay Equipment remains the property of Beeline Broadband and Beeline Broadband may need to alter or renew it from time to time at its discretion.
7.3 In addition, and pursuant to access to the Location pursuant the Installation provisions of this agreement, Beeline Broadband shall be able to install and repair the Relay Equipment.
7.4 In the case of an emergency (as determined by Beeline Broadband by reference to any inability by Beeline Broadband to fulfil its contractual obligations to other customers) and 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 to carry out any repairs to the Relay Equipment.
7.5 You agree to:
7.5.1 take reasonable care of the Relay Equipment;
7.5.2 not alter the position of the Relay Equipment;
7.5.3 not to interfere with the Relay Equipment.
7.5.4 notify Beeline Broadband immediately of any loss or damage to any part of the Relay Equipment by contacting Beeline Broadband;
7.5.5 pay for any electricity consumed by the Relay Equipment;
7.5.6 use reasonable endeavors to maintain a continuous supply of electricity to the Relay Equipment; and
7.5.7 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.
8. Equipment
General
8.1 You will ensure that any accessories that you attach (directly or indirectly) to the Equipment are technically compatible with the Equipment and the Broadband Services and that their use does not breach any relevant legislation or telecommunications industry standards.
8.2 You agree that you will seek at all times to avoid causing interference to the Equipment and the Broadband Services; by way of example and not limited to any interference caused by you or someone acting on your behalf 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.
8.3 Any warranties in respect of the Equipment upon which you seek to rely does not cover any of the following:
8.3.1 accidental or deliberate damage;
8.3.2 defects due to interference with or maintenance of the Equipment by persons other than Beeline Broadband employees, agents or contractors;
8.3.3 faults arising out of misuse or your failure to comply with the manufacturers’ instructions;
8.3.4 instructions which Beeline Broadband have supplied and/or notified to you;
8.3.5 cosmetic damage which does not affect the functionality of the Equipment;
8.3.6 damage caused which is outside of the reasonable control of Beeline Broadband or its suppliers.
and shall also not apply if payment for the Equipment is overdue.
8.4 Beeline Broadband’s sole liability pursuant to any warranty referred to in this clause 8 is to repair or replace (at its sole discretion) the faulty component part of the Equipment.
8.5 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.
8.6 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 Purchased Equipment delivered to you.
Loaned Equipment
8.7 We’ll tell you when you should get the Loaned Equipment. You may be able to get other equipment from us at an extra cost. If there are any Subscription Payments for equipment, we’ll tell you when you order.
8.8 The Loaned Equipment (except the software in it) belongs to us at all times. You must look after it and not dispose, damage, destroy or otherwise interfere with it unless we ask you to (for example, if we’re helping you fix a problem).
8.9 If the Loaned Equipment is damaged other than through fair wear and tear, you’ll have to pay to fix or replace it. We recommend you insure it against loss, theft or damage for the full replacement value.
8.10 Payment of the Purchased Equipment does not transfer ownership of the Loaned Equipment; you must still return the Loaned Equipment.
8.11 If the Loaned Equipment is returned within two years of the Equipment charges being levied, we will credit your account (or provide a refund at our absolute discretion) an amount corresponding to the condition of the Loaned Equipment allowing for reasonable wear and tear.
8.12 The Beeline Owned Equipment and Loaned Equipment will always belong to us. You must look after it and not damage, destroy or otherwise interfere with it unless we ask you to (for example, if we’re helping you fix a problem). If the Beeline Broadband owned equipment is damaged other than through fair wear and tear, you’ll have to pay to fix or replace it.
8.13 We own, or own the licence to, the software in any Loaned Equipment we (or someone acting on our behalf) have given you. Sometimes you’ll have to agree to the terms of an ‘end-user licence’ to use it. You won’t have to pay any Subscription Payments for this software unless you’ve agreed to do so.
8.14 You must let us update, upgrade or replace software relating to a service or the Loaned Equipment. Software changes might happen automatically.
8.15 If you choose to use any other Equipment (like a router made or supplied by anyone else), you must make sure it’s compatible with that service.
8.16 You must not connect Equipment to our network that may harm it, or harm anyone else’s equipment or services. If you do, you must disconnect it straight away, or pay us to do it.
9. Payments
9.1 You agree to pay to Beeline Broadband the Subscription Payments 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.
9.2 You must pay the Subscription Payments, whether you use them or someone else does.
9.3 You will need to provide bank details to enable Beeline Broadband to collect payments by Direct Debit from your account.
9.4 If you seek to make the Subscription Payments in a manner other than by way of Direct Debit Beeline Broadband reserves the right to levy an additional administration charge as detailed in the Price List.
9.5 Beeline Broadband reserves the right to change the Subscription Payment at their sole discretion at any time by giving you at least one calendar months’ notice.
9.6 You must ensure that the account holder’s name is the same as the name on the payment details that are provided.
9.7 If you currently receive Internet 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.
9.8 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.
9.9 We’ll normally bill you regularly and in advance for the period ahead if we need to charge you for anything extra (for example, for going over any usage limit) and we may add those Subscription Payments to a later bill.
9.10 You must pay any bills as soon as you get them, unless we agree otherwise with you.
9.11 If you don’t pay your bill on time, your payment is rejected, or becomes, or is, invalid or unavailable, thereby preventing Beeline Broadband from recovering the sums due and such sum remains unpaid seven days after the date of our reminder (or seven days if you pay once a month), we may add a late-payment charge to your next bill. You may also have to pay a failed payment charge if a payment bounces because you don’t have enough money in your account.
9.12 If you don’t pay pursuant to Clause 9.11 Beeline Broadband may suspend your services at their sole discretion.
9.13 Beeline Broadband may, before reinstating the provision of Broadband Services to you following suspension in accordance with Clause 9.12 of this Agreement, demand the payment of a security deposit of up to £500.
9.14 If your bills remain unpaid for a period of 1 month after the due payment date we may give your details, including your personal information, to a collection agency and ask them to collect the money for us. If we do, you’ll have to pay an extra charge to compensate us. The Beeline-collection agency will add the charge to your Beeline invoices.
9.15 This clause 9 continues to apply after the agreement with us has ended.
10. Restriction, Suspension and Termination
10.1 Beeline Broadband may at any time (whether during the Minimum Period or otherwise) terminate this Agreement giving 1 months’ notice to you.
10.2 Beeline Broadband may in its sole discretion restrict or suspend the Broadband Services or terminate this Agreement immediately, in the event that:
10.2.1 We are directed by any competent authority to cease the provision of the Broadband Services or any part of it;
10.2.2 We have to end the agreement by law or in line with any regulation;
10.2.3 you fail to pay any Subscription Payments for the Broadband Services;
10.2.4 any bank details submitted by you for payment are found not to be or cease to be valid or you cancel your Direct Debit and we haven’t agreed another way you can pay.
10.2.5 Beeline Broadband’s contract with any third party who assists in providing the Broadband Services to you is terminated;
10.2.6 you take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
10.2.7 We can’t provide a service (or part of it) anymore, or we have suspended or restricted a related service.
10.2.8 You seriously misuse a service or break the agreement in a way that cannot be put right.
10.2.9 You or anyone else using a service act towards our staff or agents in a way which is inappropriate or serious enough to justify suspending or ending a service.
10.2.10 You don’t pay for a service or you pay in a way other than how we’ve agreed with you.
10.2.11 We suspect fraud or any other unauthorised activity.
10.2.12 It’s reasonable for us to do so to protect our network and maintain a high-quality service.
10.2.13 Your usage is significantly different to what we’d expect from the average customer.
10.2.14 You significantly break any other agreement you have with us and don’t put things right within a reasonable time.
10.3 Following suspension of the Broadband Services in accordance with this agreement, if the circumstances leading to such suspension remains or if you fail to pay any security deposit requested in accordance with Clause 9.13 then Beeline Broadband may immediately terminate this Agreement at their sole discretion.
10.4 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 and will be subject to any compensation paid by you in accordance with this Agreement.
10.5 You may terminate this Agreement 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.
10.6 On termination of this Agreement pursuant to Clause 10.5 you are responsible for any costs involved in the removal and return of all Equipment and Relay Equipment.
10.7 Either party may terminate this Agreement immediately, on 14 days’ notice, if the other commits a material breach of this Agreement and fails to remedy the breach within 1 months of a written notice to do so.
10.8 If you terminate this Agreement in accordance with this Clause 10, 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.
10.9 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.
11. Your use of the Broadband Services
11.1 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.
11.2 In addition, if you have a mail server, you must not allow relay emails from outside your domain from your mail server.
11.3 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.
11.4 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.
11.5 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.
11.6 You warrant that any information you make publicly available through your use of the Broadband Services, both your (“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.
11.7 You 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.
11.8 You must not use the Broadband Services:
11.8.1 in a way that breaches any legislation or any licence applicable to you or that is in any way unlawful or fraudulent;
11.8.2 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;
11.8.3 to send or procure the sending of any unsolicited advertising or promotional material;
11.8.4 in a way that does not comply with our specific instructions;
11.8.5 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;
11.8.6 impersonate another person or use a false name or a name that you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
11.8.7 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;
11.8.8 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;
11.8.9 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.
11.9 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 Clause 11.8.
11.10 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.
11.11 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.
11.12 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.
11.13 Beeline Broadband are not responsible to you for the following:
11.13.1 Any delay or failure caused by something beyond our reasonable control. This could be things such as power failure, lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action.
11.13.2 You breaking the agreement.
11.13.3 Any loss you suffer caused by you using a service in a way that breaks the agreement.
11.13.4 Any commercial or businesses loss.
11.13.5 Any loss or damage caused by malware or the unauthorised use of a service on any of your devices.
11.13.6 Any loss of, corruption of or release of data or information.
11.13.7 Any failure of safety, security or other alarm systems due to incompatibility with a service, or any other reason which is not due to our fault or neglect.
11.13.8 You using any equipment or hardware we haven’t supplied.
11.13.9 Losses which we couldn’t reasonably have expected or which we couldn’t have considered when entering into the agreement.
12. Returns
12.1 In the unlikely event that a product from Beeline Broadband does not meet with your expectations, you may return the item to us.
12.2 Before returning goods, you must notify us of your intention to do so by contacting us.
12.3 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.
12.4 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.
12.5 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.
12.6 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 1 months’ if you are returning the complete order only. Postage will not be refunded for a partial return.
12.7 If you notify us that you wish to send goods back to us within 1 month of your receipt of them, then upon our receipt of the returned goods we will refund the original product cost only within 1 month of our receipt.
12.8 The 30-day money back guarantee period starts on the first day after you receive your goods.
12.9 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.
13. Ending early
13.1 You’ll have to pay us compensation for ending the agreement early if:
13.1.1 you end a service during the Minimum Term; or
13.1.2 we end a service during the Minimum Term.
13.2 If you end a service during the Minimum Term, we may charge you the full price of the Loaned Equipment and de- installation costs which for the avoidance of doubt, will be chargeable notwithstanding that termination is pursuant to clause 13.3.
13.3 You won’t have to pay the fees and Subscription Payments referred to in clause 13.1 if:
13.3.1 you end a service as a result of changes that significantly disadvantage you;
13.3.2 you end a service as a result of us breaking a significant term of the agreement;
13.3.3 you end a service as a result of material faults with that service;
13.3.4 you end the Broadband Service as a result of broadband speeds being consistently lower than those advertised pursuant to your package Broadband Subscription;
13.3.5 you end a service as a result of us moving you to another service; or
13.3.6 Subject to Clause 10.5 and 10.6 you move home and we cannot provide a service at your new UK address.
13.4 The compensation you will have to pay in respect of clause 13.1.1 is calculated as being equivalent to the total amount of Subscription Payments you’d have paid if you stayed with us for the whole Minimum Term minus any costs we save from you leaving early as calculated at the sole discretion of Beeline Broadband.
14. Usernames and Passwords
14.1 You must ensure that any usernames and passwords used provided in connection with the Broadband Services are kept confidential and are only used by authorised users.
14.2 You must inform Beeline Broadband immediately if you know or suspect that a username 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 username without written consent.
14.3 Beeline Broadband reserves the right (at its sole discretion):
14.3.1 to suspend usernames 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
14.3.2 to ask you to change any or all of the passwords you use in connection with the Broadband Services.
14.4 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
15.1 By applying, ordering or enquiring about or for the Broadband Services you consent to Beeline Broadband using and/or disclosing your personal information for the following purposes:
15.1.1 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);
15.1.2 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
15.1.3 to selected third parties for the purposes of providing and operating the Broadband Services and installing Equipment.
15.2 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.
15.3 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.
15.4 You must notify Beeline Broadband immediately of any change to any details that you have provided.
16. Intellectual Property Rights
16.1 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”).
16.2 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 16.1.
16.3 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.
16.4 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 the Content, and the Content may only be used for your own purposes.
17. Intellectual Property Right Indemnity
17.1 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
18.1 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.
18.2 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.
18.3 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 the lower of the liability set out in clause 18.6 and half the annual fees paid by you to Beeline Broadband in the year in which the liability first arose or for all events in any 12 month period to be limited to the lower of the liability set out in clause 18.6 and the total annual fees paid by you to Beeline Broadband in the year in which the liability first arose.
18.4 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.
18.5 Beeline Broadband excludes all liability of any kind in respect of:
18.5.1 the Content
18.5.2 any other material on the Internet which can be accessed using the Broadband Services
18.6 Beeline Broadband and are not responsible in any way for
18.6.1 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.
18.6.2 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
18.6.3 faults in or failure of their equipment and networks or other matters beyond the reasonable control of Beeline Broadband.
18.7 Beeline Broadbands liability to you pursuant to this Agreement is limited to no more than £5,000 in compensation in any 12-month period.
19. Retention of Title
19.1 Notwithstanding delivery and passing of risk, property in and title to the Goods shall remain with Beeline Broadband Ltd until we have received payment of the full price of all Goods the subject of the Contract and 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.
19.2 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.
20. General Provisions
20.1 Beeline Broadband may change the provisions of this Agreement 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 effect on the Broadband Services.
20.2 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.
20.3 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.
20.4 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.
20.5 Notices given under this Agreement must be in writing and may be delivered by hand, courier, first class post or email at the relevant postal or email address:
20.5.1 in the case of the Notice being provided to the Customer to the details which you submit during the registration process or to any alternative address that you provide to Beeline Broadband provided such notice shall only take affect 14 days after receipt;
20.5.2 in the case of the Notice being provided to Beeline Broadband at the address shown in the Definitions of this Agreement above or any alternative address which Beeline Broadband notifies to you;
20.6 Beeline Broadband may assign, sub- contract or transfer any of its rights or obligations under this Agreement without your prior written consent.
20.7 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.
20.8 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.
20.9 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
21.1 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.
22. Confidentiality
22.1 Each party undertakes that it shall not at any time, and for a period of two years after termination of the Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party.
22.2 Each party may disclose the other party’s confidential information:
22.2.1 to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 23; and
22.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
22.3 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Agreement.
23. Complaints Procedure
23.1 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.
23.2 Both parties 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. 23.3 We’ll try our best to settle any complaint or dispute you have. If we can’t, you can refer the matter at your own cost to a dispute-resolution service to get an independent opinion.
24. General
24.1 Copyright © Beeline Broadband Ltd. All rights reserved. No part of these terms and conditions may be reproduced without express written permission from the copyright holder. All trademarks are acknowledged as being the property of their respective owners.
24.2 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.
25. Returning faulty equipment
25.1 If you think any of the Equipment is faulty, please tell us.
25.2 You must return any Equipment that you tell us is faulty, or which we tell you is faulty or needs to be fixed or replaced. We’ll give you pre-paid packaging to do this.
25.3 We may test any Equipment you tell us is faulty. If we find it isn’t faulty, we may return it to you or replace it.
25.4 If you haven’t returned any Equipment within 1 month of us giving you a replacement, we may:
25.4.1 interrupt or restrict access to any service you take from us until the Equipment is returned; or
25.4.2 recover our costs for that Equipment.
25.4.3 Any replacement Equipment we send will be new or ‘as new’ (which is second-hand equipment we’ve refurbished).
26. Variation
26.1 We may at our sole discretion change a service, service features, Loaned Equipment, Subscription Payments and the terms and conditions of the agreement provided that you are given notice of the changes at least 14 days before the change is to take effect unless we can’t reasonably provide such notice (for example, if the change is for legal or regulatory reasons, in which case we’ll give you as much notice as possible).
26.2 Because we might provide a service to you for a long time (not just for the Minimum Term), and we can’t always predict the future, we may need to make changes for a reason not listed in this Agreement. If we do, we’ll give you notice, and you may be able to end a service in line with clause 13.3.2.
27. Moving between services
27.1 If we withdraw a service so you can’t carry on receiving all or part of it, (for example, if we change the number of service options available), we’ll move you onto our next best, or better, service. If we can, we’ll tell you at least 14 days before we do this. If we can’t, we’ll give you as much notice as possible. If the service we move you to has a higher Subscription Payment, we’ll either (at our sole discretion) let you end it without paying the Subscription Payments or we won’t charge you the higher charge for the rest of the Minimum Term.
27.2 After the Minimum Term, we’ll charge you the full price of the new service.
27.3 You can choose to upgrade or change a service and if you do we may apply a new Minimum Term from the time you are upgraded and apply any related activation and installation charges.
28. Parental controls
28.1 You’re responsible for setting parental controls or any other controls available for each service and keeping them up to date.
29. Entire Agreement
29.1 Only you and we can take action under the agreement. Nobody else can enforce it or benefit from it.
29.2 If any part of the agreement cannot be enforced, all other parts of the agreement will still apply.
Version B2 (December 2024)
Beeline Broadband Terms and Conditions
You should read these terms and conditions carefully as they contain important information.
This document sets out the terms and conditions and together with the Price List and the latest version of any other policy we tell you about as varied from time to time comprises the full agreement of your arrangement with Beeline Broadband Ltd (the “Agreement”). These are the terms and conditions which apply when we provide you with a service and any related installation services.
1. Definitions
Beeline Broadband - We are Beeline Broadband Ltd (Company Registration Number: 4947851) whose registered office address is Brawby Grange, Brawby, Malton, North Yorkshire, YO17 6PZ
Beeline Owned Equipment – any equipment which we own or is part of our network, or any equipment that belongs to our service providers or contractors, even though it is in your home.
Broadband Services – means the broadband service provided to you by Beeline Broadband in accordance with the terms of this Agreement;
Cooling-off period – the period from the date the agreement is made until 14 days after:
a) the Loaned Equipment (if any) is delivered;
b) the Broadband Services start date; or.
c) the day you receive your Order Confirmation;
whichever is latest.
Equipment – both the Loaned Equipment and the Purchased Equipment.
Loaned Equipment – the Beeline Owned Equipment together with any equipment we loan to you as part of a service including the Relay Equipment as shown in your Order Confirmation
Location - the single and specific postal address within the United Kingdom which you have notified to Beeline Broadband
Minimum term – the first twelve (12) months from the date of activation of the Broadband Services in accordance with the terms of this Agreement;
Order Confirmation – the email or letter we send you after we accept your order for a service.
Price List: means the list of fees and Subscription Payments imposed by Beeline Broadband in consideration for the provision of the Equipment and Broadband Services;
Purchased Equipment – the equipment you purchase as part of a service, as shown in your Order Confirmation
Relay Equipment – the equipment that also provides Broadband Service to others in the Service Area;
Service Area: means the geographical area within which Beeline Broadband is technically able to provide the Broadband Services from time to time;
Service Features – any products, features, benefits, ‘add-ons’ or extra services we provide on top of or as part of a service. Service features might have extra terms and conditions that you will have to keep to.
Service Start Date – the date a service starts, as shown in your Order Confirmation (unless we tell you another date).
Subscription Payments – the fees you pay for a service and any service feature plus anything else you need to pay in line with this Agreement or our Price List.
Working Days – Monday to Friday, except bank holidays and public holidays.
2. Commencement and Duration of this Agreement
2.1 Beeline Broadband only accept orders when they have been checked.
2.2 Acceptance of your order for Equipment and 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.
2.3 Each service starts on the date shown in your Order Confirmation.
2.4 Each service will last for at least the Minimum Term and indefinitely thereafter unless terminated by either party provided that such termination shall be in accordance with the terms of this Agreement.
2.5 If you want to end a service before its Minimum Term has ended you may have to pay us compensation in accordance with this Agreement.
2.6 If you end a service and fail to procure the return of the Loaned Equipment within 1 month you will be charged.
3. Cancellation
3.1 You can change your mind and cancel a service within the Cooling-off period pursuant to the provisions of this Agreement.
3.2 If we’ve already started providing Broadband Services, you’ll have to pay us the full cost of the service you’ve had including:
3.2.1 the Subscription Payments for the Broadband Service;
3.2.2 anything you’ve used which isn’t covered by the Subscription Payments; and
3.2.3 any connection, activation fees.
3.3 If you cancel a service within the cooling-off period and we’ve provided you with Loaned Equipment for that service, the agreement won’t end until you’ve returned the Loaned Equipment.
3.4 The following will also apply:
3.4.1 You must procure the return of the Loaned Equipment to us within 1 month of cancelling a service.
3.4.2 If you don’t procure the return of the Loaned Equipment within 1 month, you’ll have to pay the full cost of the Loaned Equipment.
3.4.3 Once we get the Loaned Equipment back (or see evidence that it’s been returned), we reserve the right to charge you if we think the Loaned Equipment is worth less than its original value as a result of it being used or damaged.
4. Broadband Services
4.1 Each service is unique to you and your Location and is for personal use (meaning that it should not be used for any trade, business or profession). You’re responsible for how each service and the Equipment is used.
4.2 The Broadband Services are only available in the Service Area.
4.3 If the Location is within the Service Area you will only be able to receive the Broadband Services if such Location is suitable for receipt of the Broadband Services which shall be determined at the sole discretion of Beeline Broadband its employees, agents or contractors.
4.4 Beeline Broadband its employees, agents or contractors shall have no liability to you for any determination made by them pursuant to provision 4.3 of this Agreement or should they determine at some future time that, for any reason, the Location has become unsuitable for receipt of Broadband Services.
4.5 You agree that you’ll do the following in connection with the service:
4.5.1 Follow any reasonable instructions we give you and help us run our security checks.
4.5.2 Get any permission we need to provide a service in your home or to install anything for you.
4.5.3 Tell us if you change your name, address, email address, mobile number, payment details or anything else we might need to know about.
4.5.4 Do everything you can to stop anyone else from using the Broadband Services and keep your bill and account details safe from fraudsters.
4.5.5 Use each service lawfully. That means you must not use it in a way that breaks any law, regulation or rule in force in England and Wales, Scotland or Northern Ireland (as appropriate).
4.5.6 Not do anything which might have a negative effect on:
4.5.6.1 our systems, networks, servers, brand, reputation or security;
4.5.6.2 other customers’ services or equipment;
4.5.6.3 other customers’ security; or
4.5.6.4 other person’s or business’s systems, networks or security.
4.6 Each service may have monthly usage limits as notified to you from time to time. If you go over any of these, Beeline reserve the right to charge you for the extra usage.
4.7 If we reasonably believe you’ve misused a service, or have let anyone else misuse it, you might have to pay us for any loss or damage we suffer as a result.
5. Installation
5.1 If you need any Equipment installed, or if your broadband needs activating, we’ll agree a date for this with you. You must let us into your home if necessary.
5.2 If you need to change or cancel an appointment, you must tell us at least two working days beforehand. Any change or cancellation of an appointment after the notification period set out in the provision will result in the payment of an administration charge.
5.3 We might charge you for installing Equipment or activating the Broadband Services and any such payments shall be confirmed in your Order Confirmation.
5.4 Any installation beyond the scope usually required in a normal installation including the addition of cabling, brackets or equipment required by you or pursuant to the individual requirements for the Location will be reflectively charged as an additional sum. Beeline Broadband, will advise you of such payments before such installation is undertaken.
5.5 If installation work has already started, we won’t refund the installation charge.
5.6 You will be charged the full installation charge if you prevent the installation from being done.
5.7 We can only install the Equipment if someone over 18, who can make decisions about where and how we install it, is at home.
5.8 On the day we install the Equipment, we might need to disconnect your phone line for a while. If possible, please have a backup for making calls to emergency services.
5.9 If we need to change the installation date, we’ll try to contact you at least two working days beforehand.
5.10 Beeline Broadband will assume no liability in respect of any breach of provision 5.8 or 5.9.
5.11 The engineer won’t be responsible for connecting any equipment that we haven’t provided.
5.12 You warrant that you have the necessary proprietary rights to the property including but not limited to wayleaves, consents, permissions, authorisations, licences, leasehold and/or freehold rights to permit the installation of the Equipment at the Location by Beeline Broadband.
5.13 In order to use the Broadband Services, you will require a personal device of a minimum specification as defined at the sole discretion of Beeline Broadband.
5.14 You must ensure that compatible devices are used to connect to the Equipment in order to use the Broadband Service.
5.15 You acknowledge that Beeline Broadband is dependent upon certain third parties to install the Equipment in order to provide the Broadband Services to you.
5.16 You also acknowledge that there may be technical limits that prevent Beeline Broadband from delivering an operational service to you.
5.17 Beeline Broadband will endeavour to provide a continuous service. 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.
5.18 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.
5.19 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.
5.20 You acknowledge that Beeline Broadband may have installed certain monitoring software on their systems that are directly connected to their Broadband Services for the purposes of tracking your usage of the Broadband Services.
5.21 You 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.
5.22 You acknowledge that Beeline Broadband has and does not provide any specific advice to you in regards to appropriate software or hardware firewall.
5.23 Beeline Broadband does not guarantee to provide a fault free service. If, however, a fault occurs, you should report the fault by telephone or email if available, or in writing to the Support Service.
5.24 Beeline Broadband will let you know as soon as reasonably practicable of any planned periods of downtime of the Support Service via the Network Status page of the Beeline website and/or by email.
5.25 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 that is outside the scope of suspension pursuant to clause 10 of this Agreement.
5.26 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.
5.27 The 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.
5.29 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.
5.30 The Broadband Services nor any part of them must neither be redistributed by you beyond the Location specified nor to any third parties.
6. Support and provision of Broadband Services
6.1 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.
6.2 We may take instructions from a person who we have good reason to believe is acting with your permission.
6.3 We aim to provide the Broadband Services using reasonable care and skill. However, due to the nature of each Broadband Service and Equipment we use to provide it, we can’t guarantee that it’ll be available all the time.
6.4 Sometimes faults in our network affect a service. We’ll fix any faults as soon as we can.
6.5 Occasionally we might have to interrupt, change or temporarily suspend some or all of a service. That could be to maintain, upgrade or repair the network. If we do, we’ll try to get the network up and running again as quickly as possible.
6.6 In exceptional circumstances, we might have to do things to manage our network’s performance.
6.7 If we know or believe that any of your devices have been infected by malware (software designed to disrupt or damage a computer system, such as a computer virus), or if any of your devices try to get access to a malicious website (a website that attempts to install malware), we might take action. That might mean putting software onto our network to stop the spread of that malware or to prevent your devices from going to the malicious website.
6.8 We try to make sure antivirus software and other security features we provide are effective. Please make back-up copies of your documents, photos and so on in case the originals are lost or corrupted.
7. Relay Point
7.1 If Beeline Broadband needs to use your Location as a relay point as Beeline Broadband shall in their sole discretion decide, you accept that Beeline Broadband may install the Relay Equipment both internally and externally at the Location, such installations shall be in accordance with this Agreement.
7.2 The Relay Equipment remains the property of Beeline Broadband and Beeline Broadband may need to alter or renew it from time to time at its discretion.
7.3 In addition, and pursuant to access to the Location pursuant the Installation provisions of this agreement, Beeline Broadband shall be able to install and repair the Relay Equipment.
7.4 In the case of an emergency (as determined by Beeline Broadband by reference to any inability by Beeline Broadband to fulfil its contractual obligations to other customers) and 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 to carry out any repairs to the Relay Equipment.
7.5 You agree to:
7.5.1 take reasonable care of the Relay Equipment;
7.5.2 not alter the position of the Relay Equipment;
7.5.3 not to interfere with the Relay Equipment.
7.5.4 notify Beeline Broadband immediately of any loss or damage to any part of the Relay Equipment by contacting Beeline Broadband;
7.5.5 pay for any electricity consumed by the Relay Equipment;
7.5.6 use reasonable endeavors to maintain a continuous supply of electricity to the Relay Equipment; and
7.5.7 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.
8. Equipment
General
8.1 You will ensure that any accessories that you attach (directly or indirectly) to the Equipment are technically compatible with the Equipment and the Broadband Services and that their use does not breach any relevant legislation or telecommunications industry standards.
8.2 You agree that you will seek at all times to avoid causing interference to the Equipment and the Broadband Services; by way of example and not limited to any interference caused by you or someone acting on your behalf 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.
8.3 Any warranties in respect of the Equipment upon which you seek to rely does not cover any of the following:
8.3.1 accidental or deliberate damage;
8.3.2 defects due to interference with or maintenance of the Equipment by persons other than Beeline Broadband employees, agents or contractors;
8.3.3 faults arising out of misuse or your failure to comply with the manufacturers’ instructions;
8.3.4 instructions which Beeline Broadband have supplied and/or notified to you;
8.3.5 cosmetic damage which does not affect the functionality of the Equipment;
8.3.6 damage caused which is outside of the reasonable control of Beeline Broadband or its suppliers.
and shall also not apply if payment for the Equipment is overdue.
8.4 Beeline Broadband’s sole liability pursuant to any warranty referred to in this clause 8 is to repair or replace (at its sole discretion) the faulty component part of the Equipment.
8.5 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.
8.6 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 Purchased Equipment delivered to you.
Loaned Equipment
8.7 We’ll tell you when you should get the Loaned Equipment. You may be able to get other equipment from us at an extra cost. If there are any Subscription Payments for equipment, we’ll tell you when you order.
8.8 The Loaned Equipment (except the software in it) belongs to us at all times. You must look after it and not dispose, damage, destroy or otherwise interfere with it unless we ask you to (for example, if we’re helping you fix a problem).
8.9 If the Loaned Equipment is damaged other than through fair wear and tear, you’ll have to pay to fix or replace it. We recommend you insure it against loss, theft or damage for the full replacement value.
8.10 Payment of the Purchased Equipment does not transfer ownership of the Loaned Equipment; you must still return the Loaned Equipment.
8.11 If the Loaned Equipment is returned within two years of the Equipment charges being levied, we will credit your account (or provide a refund at our absolute discretion) an amount corresponding to the condition of the Loaned Equipment allowing for reasonable wear and tear.
8.12 The Beeline Owned Equipment and Loaned Equipment will always belong to us. You must look after it and not damage, destroy or otherwise interfere with it unless we ask you to (for example, if we’re helping you fix a problem). If the Beeline Broadband owned equipment is damaged other than through fair wear and tear, you’ll have to pay to fix or replace it.
8.13 We own, or own the licence to, the software in any Loaned Equipment we (or someone acting on our behalf) have given you. Sometimes you’ll have to agree to the terms of an ‘end-user licence to use it. You won’t have to pay any Subscription Payments for this software unless you’ve agreed to do so.
8.14 You must let us update, upgrade or replace software relating to a service or the Loaned Equipment. Software changes might happen automatically.
8.15 If you choose to use any other Equipment (like a router made or supplied by anyone else), you must make sure it’s compatible with that service.
8.16 You must not connect Equipment to our network that may harm it, or harm anyone else’s equipment or services. If you do, you must disconnect it straight away, or pay us to do it.
9. Payments
9.1 You agree to pay to Beeline Broadband the Subscription Payments 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.
9.2 You must pay the Subscription Payments, whether you use them or someone else does.
9.3 You will need to provide bank details to enable Beeline Broadband to collect payments by Direct Debit from your account.
9.4 If you seek to make the Subscription Payments in a manner other than by way of Direct Debit Beeline Broadband reserves the right to levy an additional administration charge as detailed in the Price List.
9.5 Beeline Broadband reserves the right to change the Subscription Payment at their sole discretion at any time by giving you at least one calendar months’ notice.
9.6 You must ensure that the account holder’s name is the same as the name on the payment details that are provided.
9.7 If you currently receive Internet 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.
9.8 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.
9.9 We’ll normally bill you regularly and in advance for the period ahead if we need to charge you for anything extra (for example, for going over any usage limit) and we may add those Subscription Payments to a later bill.
9.10 You must pay any bills as soon as you get them, unless we agree otherwise with you.
9.11 If you don’t pay your bill on time, your payment is rejected, or becomes, or is, invalid or unavailable, thereby preventing Beeline Broadband from recovering the sums due and such sum remains unpaid seven days after the date of our reminder (or seven days if you pay once a month), we may add a late-payment charge to your next bill. You may also have to pay a failed payment charge if a payment bounces because you don’t have enough money in your account.
9.12 If you don’t pay pursuant to Clause 9.11 Beeline Broadband may suspend your services at their sole discretion.
9.13 Beeline Broadband may, before reinstating the provision of Broadband Services to you following suspension in accordance with Clause 9.12 of this Agreement, demand the payment of a security deposit of up to £500.
9.14 If your bills remain unpaid for a period of 1 months’ after the due payment date we may give your details, including your personal information, to a collection agency and ask them to collect the money for us. If we do, you’ll have to pay an extra charge to compensate us. The Beeline-collection agency will add the charge to your Beeline invoices.
9.15 This clause 9 continues to apply after the agreement with us has ended.
10. Restriction, Suspension and Termination
10.1 Beeline Broadband may at any time (whether during the Minimum Period or otherwise) terminate this Agreement giving 1 months’ notice to you.
10.2 Beeline Broadband may in its sole discretion restrict or suspend the Broadband Services or terminate this Agreement immediately, in the event that:
10.2.1 We are directed by any competent authority to cease the provision of the Broadband Services or any part of it;
10.2.2 We have to end the agreement by law or in line with any regulation;
10.2.3 you fail to pay any Subscription Payments for the Broadband Services;
10.2.4 any bank details submitted by you for payment are found not to be or cease to be valid or you cancel your Direct Debit and we haven’t agreed another way you can pay.
10.2.5 Beeline Broadband’s contract with any third party who assists in providing the Broadband Services to you is terminated;
10.2.6 a voluntary arrangement is proposed, a bankruptcy petition is presented or order granted or a receiver or trustee is appointed over your estate;
10.2.7 We can’t provide a service (or part of it) anymore, or we have suspended or restricted a related service.
10.2.8 You seriously misuse a service or break the agreement in a way that cannot be put right.
10.2.9 You or anyone else using a service act towards our staff or agents in a way which is inappropriate or serious enough to justify suspending or ending a service.
10.2.10 You don’t pay for a service or you pay in a way other than how we’ve agreed with you.
10.2.11 We suspect fraud or any other unauthorised activity.
10.2.12 It’s reasonable for us to do so to protect our network and maintain a high-quality service.
10.2.13 Your usage is significantly different to what we’d expect from the average customer.
10.2.14 You significantly break any other agreement you have with us and don’t put things right within a reasonable time.
10.2.15 You use a service for any trade, business or profession.
10.3 Following suspension of the Broadband Services in accordance with this agreement, if the circumstances leading to such suspension remains or if you fail to pay any security deposit requested in accordance with Clause 9.13 then Beeline Broadband may immediately terminate this Agreement at their sole discretion.
10.4 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 and will be subject to any compensation paid by you in accordance with this Agreement.
10.5 You may terminate this Agreement 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.
10.6 On termination of this Agreement pursuant to Clause 10.5 you are responsible for any costs involved in the removal and return of all Equipment and Relay Equipment.
10.7 Either party may terminate this Agreement immediately, on 14 days’ notice, if the other commits a material breach of this Agreement and fails to remedy the breach within 1 months’ of a written notice to do so.
10.8 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.
10.9 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.
11. Your use of the Broadband Services
11.1 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.
11.2 In addition, if you have a mail server, you must not allow relay emails from outside your domain from your mail server.
11.3 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.
11.4 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.
11.5 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.
11.6 You warrant that any information you make publicly available through your use of the Broadband Services, both your (“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, anyvpart of which, or the accessing of which or use of which, would be a criminal offence or is otherwise unlawful.
11.7 You 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.
11.8 You must not use the Broadband Services:
11.8.1 in a way that breaches any legislation or any licence applicable to you or that is in any way unlawful or fraudulent;
11.8.2 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;
11.8.3 to send or procure the sending of any unsolicited advertising or promotional material;
11.8.4 in a way that does not comply with our specific instructions;
11.8.5 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;
11.8.6 impersonate another person or use a false name or a name that you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
11.8.7 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;
11.8.8 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;
11.8.9 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.
11.9 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 11.
11.10 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.
11.11 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.
11.12 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.
11.13 Beeline Broadbands liability to you pursuant to this Agreement is limited to no more than £5,000 in compensation in any 12-month period.
11.14 Beeline Broadband are not responsible to you for the following:
11.14.1 Any delay or failure caused by something beyond our reasonable control. This could be things such as power failure, lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action.
11.14.2 You breaking the agreement.
11.14.3 Any loss you suffer caused by you using a service in a way that breaks the agreement.
11.14.4 Any commercial or businesses loss.
11.14.5 Any loss or damage caused by malware or the unauthorised use of a service on any of your devices.
11.14.6 Any loss of, corruption of or release of data or information.
11.14.7 Any failure of safety, security or other alarm systems due to incompatibility with a service, or any other reason which is not due to our fault or neglect.
11.14.8 You using any equipment or hardware we haven’t supplied.
11.14.9 Losses which we couldn’t reasonably have expected or which we couldn’t have considered when entering into the agreement.
12. Returns
12.1 In the unlikely event that a product from Beeline Broadband does not meet with your expectations, you may return the item to us.
12.2 Before returning goods, you must notify us of your intention to do so by contacting us.
12.3 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.
12.4 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.
12.5 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.
12.6 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 1 months’ if you are returning the complete order only. Postage will not be refunded for a partial return.
12.7 If you notify us that you wish to send goods back to us within 1 month of your receipt of them, then upon our receipt of the returned goods we will refund the original product cost only within 1 months’ of our receipt.
12.8 The 30-day money back guarantee period starts on the first day after you receive your goods.
12.9 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.
13. Ending early
13.1 You’ll have to pay us compensation for ending the agreement early if:
13.1.1 you end a service during the Minimum Term; or
13.1.2 we end a service during the Minimum Term.
13.2 If you end a service during the Minimum Term, we may charge you the full price of the Loaned Equipment and de-installation costs which for the avoidance of doubt, will be chargeable notwithstanding that termination is pursuant to clause 13.3.
13.3 You won’t have to pay the fees and Subscription Payments referred to in clause 13.1 if:
13.3.1 you end a service within the cooling-off period as shown in clause;
13.3.2 you end a service as a result of changes that significantly disadvantage you;
13.3.3 you end a service as a result of us breaking a significant term of the agreement;
13.3.4 you end a service as a result of material faults with that service;
13.3.5 you end the Broadband Service as a result of broadband speeds being consistently lower than those advertised pursuant to your package Broadband Subscription;
13.3.6 you end a service as a result of us moving you to another service; or
13.3.7 Subject to Clause 10.5 and 10.6 you move home and we cannot provide a service at your new UK address.
13.4 The compensation you will have to pay in respect of clause 13.1.1 is calculated as being equivalent to the total amount of Subscription Payments you’d have paid if you stayed with us for the whole Minimum Term minus any costs we save from you leaving early as calculated at the sole discretion of Beeline Broadband.
14. Usernames and Passwords
14.1 You must ensure that any usernames and passwords used provided in connection with the Broadband Services are kept confidential and are only used by authorised users.
14.2 You must inform Beeline Broadband immediately if you know or suspect that a username 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 username without written consent.
14.3 Beeline Broadband reserves the right (at its sole discretion):
14.3.1 to suspend usernames 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
14.3.2 to ask you to change any or all of the passwords you use in connection with the Broadband Services.
14.4 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
15.1 By applying, ordering or enquiring about or for the Broadband Services you consent to Beeline Broadband using and/or disclosing your personal information for the following purposes:
15.1.1 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);
15.1.2 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
15.1.3 to selected third parties for the purposes of providing and operating the Broadband Services and installing Equipment.
15.2 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.
15.3 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.
15.4 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.
15.5 You must notify Beeline Broadband immediately of any change to any details that you have provided.
16. Intellectual Property Rights
16.1 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”).
16.2 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.
16.3 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.
16.4 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
17.1 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
18.1 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.
18.2 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.
18.3 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 the lower of the liability set out in clause 11.13 and half the annual fees paid by you to Beeline Broadband in the year in which the liability first arose or for all events in any 12 month period to be limited to the lower of the liability set out in clause 11.13 and the total annual fees paid by you to Beeline Broadband in the year in which the liability first arose.
18.4 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.
18.5 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. Retention of Title
19.1 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 all Goods the subject of the Contract and 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.
19.2 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.
20. General Provisions
20.1 Beeline Broadband may change the provisions of this Agreement 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 effect on the Broadband Services.
20.2 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.
20.3 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.
20.4 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.
20.5 Notices given under this Agreement must be in writing and may be delivered by hand, courier, first class post or email at the relevant postal or email address:
20.5.1 in the case of the Notice being provided to the Customer to the details which you submit during the registration process or to any alternative address that you provide to Beeline Broadband;
20.5.2 in the case of the Notice being provided to Beeline Broadband at the address shown at Clause 6 above or any alternative address which Beeline Broadband notifies to you;
20.6 Beeline Broadband may assign, sub-contract or transfer any of its rights or obligations under this Agreement without your prior written consent.
20.7 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.
20.8 If any part, term or provision of this Agreementvis held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.
20.9 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
21.1 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.
22. Privacy Policy
22.1 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 email you after the termination of this contract unless you have given us your consent and we will never collect sensitive information about you without your explicit consent. We only share your information with other companies in order to provide the services pursuant to this contract and after the termination of this contract we will not share your information with other companies or individuals and we shall 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 behavior of visitors to our website. 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
23.1 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.
23.2 Both parties 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.
23.3 We’ll try our best to settle any complaint or dispute you have. If we can’t, you can refer the matter at your own cost to a dispute-resolution service to get an independent opinion.
23.4 If we cannot agree a solution with you within eight weeks of getting your complaint, or before the eight weeks is up we agree in writing that the dispute should be settled by an independent adjudicator, you can refer it for ‘alternative dispute resolution’ by contacting the Communications Ombudsman. You can find out more at commsombudsman.org or by phoning 0330 440 1614. The Ombudsman’s service is free.
24. General
24.1 Copyright © Beeline Broadband Ltd. All rights reserved. No part of these terms and conditions may be reproduced without express written permission from the copyright holder. All trademarks are acknowledged as being the property of their respective owners.
24.2 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.
25. Returning faulty equipment
25.1 If you think any of the Equipment is faulty, please tell us.
25.2 You must return any Equipment that you tell us is faulty, or which we tell you is faulty or needs to be fixed or replaced. We’ll give you pre-paid packaging to do this.
25.3 We may test any Equipment you tell us is faulty. If we find it isn’t faulty, we may return it to you or replace it.
25.4 If you haven’t returned any Equipment within 1 month of us giving you a replacement, we may:
25.4.1 interrupt or restrict access to any service you take from us until the Equipment is returned; or
25.4.2 recover our costs for that Equipment.
25.4.3 Any replacement Equipment we send will be new or ‘as new’ (which is second-hand equipment we’ve refurbished).
26. Variation
26.1 We may at our sole discretion change a service, service features, Loaned Equipment, Subscription Payments and the terms and conditions of the agreement provided that you are given notice of the changes at least 14 days before the change is to take effect unless we can’t reasonably provide such notice (for example, if the change is for legal or regulatory reasons, in which case we’ll give you as much notice as possible).
26.2 Because we might provide a service to you for a long time (not just for the Minimum Term), and we can’t always predict the future, we may need to make changes for a reason not listed in in this Agreement. If we do, we’ll give you notice, and you may be able to end a service in line with clause 13.3.2.
27. Moving between services
27.1 If we withdraw a service so you can’t carry on receiving all or part of it, (for example, if we change the number of service options available), we’ll move you onto our next best, or better, service. If we can, we’ll tell you at least 14 days before we do this. If we can’t, we’ll give you as much notice as possible. If the service we move you to has a higher Subscription Payment, we’ll either (at our sole discretion) let you end it without paying the Subscription Payments or we won’t charge you the higher charge for the rest of the Minimum Term.
27.2 After the Minimum Term, we’ll charge you the full price of the new service.
27.3 You can choose to upgrade or change a service and if you do we may apply a new Minimum Term from the time you are upgraded and apply any related activation and installation charges.
28. Parental controls
28.1 You’re responsible for setting parental controls or any other controls available for each service and keeping them up to date.
29. Entire Agreement
29.1 Only you and we can take action under the agreement. Nobody else can enforce it or benefit from it.
29.2 If any part of the agreement cannot be enforced, all other parts of the agreement will still apply.
Version H2 (December 2024)