The Customer’s use of the Service (as defined below) and/or acceptance of these Terms and Conditions (“Conditions”) constitute the Customer’s agreement to be bound by these Conditions. These Conditions must be read in conjunction with Bristol Wireless’ Acceptable Use Policy (“AUP”), which may be subject to change from time to time. It is the Customer’s responsibility to ensure that they comply with the latest edition of the AUP in force at any given time.
These Conditions, together with BW’s AUP, explain BW’s responsibilities to the Customer and the Customer’s responsibilities to BW and to other users of the Service. The AUP in particular outlines what BW considers to be unacceptable use of the internet by our customers so that BW can take appropriate steps against abusers of the internet. The AUP is integral part of these Conditions and, unless otherwise expressly stated, all references to Conditions include reference to the AUP.
Please note some terms used in these Conditions will have a certain meaning:
- Agreement means these Conditions together with the applicable Service Order and AUP.
- Carrier means any supplier of telecommunications services to BW for the Service.
- Commencement Date means the date when the Customer first receives the live Service.
- Customer means the person who orders the Service. BW may accept instructions from another person who BW reasonably believes is acting with the Customer’s authority or knowledge.
- Customer Apparatus means apparatus belonging to the Customer which the Customer uses to connect to the Service.
- Minimum Period of Service – the normal minimum period of service is one (1) month, renewable monthly thereafter. Where a special offer has been agreed, this term will be twelve (12) months.
- BW means Bristol Wireless Community Co-operative Limited, whose registered office is at The Computer Lab, Windmill Hill City Farm, Philip Street, Bedminster, Bristol, BS3 4EA.
- BW System means the telecommunications system which BW runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by, BW from a third party.
- BW Website includes all websites which BW may run, including http://www.bristolwireless.net
- Premises means the Customer’s premises where the Service is to be received.
- Service means the connection and supply of a telecommunications service capable of supporting IP services at the Premises and the provision of telecommunications services as detailed on our website.
- Service Order means the Service Order document, email or other formal correspondence, that the Customer uses to apply for the Service.
- “Term” is defined in clause 3.
2. Provision of The Service
2.1 The Service is described on the website at http://www.bristolwireless.net/business-broadband/
2.2 The provisions of the Service Order are binding on BW once BW confirms acceptance of the Customer’s order to the Customer. The Customer agrees to receive the Service and pay the fees for the Service as specified in this Agreement.
2.3 BW will provide the Service to the Customer in accordance with the Conditions of this Agreement and with reasonable skill and care. Where it is technically impracticable to provide the Service or the telecommunications services free of faults (such as where it is impossible to achieve sufficient signal quality), BW does not undertake to do so.
2.4 BW will use its reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from service interruptions caused by events beyond its control or by the errors or omissions of the Customer.
2.5 BW excludes all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it or the accuracy of information received through it.
2.6 To use the Service, the Customer needs to supply BW with certain details on the Customer’s Service Order. BW will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
2.7 The Customer acknowledges that the Service will depend upon the characteristics of the wireless signal quality and that it may not be possible to supply the Service. In this event BW shall have the right to terminate this Agreement without liability to the Customer.
2.8 From time to time certain PoPs (= Points of Presence), servers, or the whole or part of the Network may be closed down for routine repair or maintenance work. BW or its authorised representative shall give as much notice as is reasonable in the circumstances and BW shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time.
2.9 BW may occasionally have to interrupt the Service or change, modify or alter any technical specification of the Service for operational or commercial reasons or because of an emergency. BW will give the Customer as much notice as possible of any planned interruption of the Customer’s Service. In these circumstances the Customer shall have no claim against BW for any such interruption.
2.10 BW will correct reported faults as soon as possible. Should the Customer encounter a fault with the Service, the Customer should report the fault by telephone BW on 0117 325 0067, or by email to firstname.lastname@example.org. Out of hours support may be arranged, but is outside of the bounds of this contract and must be contracted separately.
2.11 Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:
2.11.1 redistribute, encumber, sell rent, lease, sub-license, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part;
2.11.2 disclose Service features, errors or viruses to any third party without BW’s prior written consent;
2.11.3 modify the Service without BW’s prior written consent.
2.11.4 BW reserves the right to remove e-mail from BW servers that is left for a period of more than four months.
3. Term and Termination
3.1 This Agreement will commence on the Commencement Date and shall continue for a term equivalent to the subscription period paid by the Customer until the expiry of that subscription period or the Agreement is terminated in accordance with the terms hereof (“the Term”), subject to the provisions of paragraph 3.3.
3.2 The Minimum Period of Service does not prevent BW from suspending or terminating the Service under paragraphs 3 and 8 of this Agreement.
3.3 The Customer may end this Agreement after the Minimum Period of Service by giving BW not less than thirty (30) days written notice expiring no earlier than the end of the Minimum Period of Service. If a Customer wishes to end this Agreement before the end of the Minimum Period of Service, BW shall be entitled to charge the Customer fees which would have been payable by the Customer for the balance of the Minimum Period of Service.
3.4 The Customer may indicate the Customer’s intention to cancel by writing to BW using one of the methods mentioned in 13.1, .
3.5 BW may end this Agreement immediately upon written notice to the Customer if:
3.5.1 it becomes unlawful for (i) BW to continue to provide the Service; or (ii) BW is required to cease the Service by a competent regulatory authority; or
3.5.2 The Customer (or a third party acting on the Customer’s behalf or instruction) fail to comply with any of the material Conditions or conditions of this Agreement including the Customer’s obligation to pay and the Customer does not remedy such failure within fifteen (15) days of a request to do so.
3.5.3 The Customer takes (or causes or permits a third party to take) any action in breach of BW’s rights to the Confidential Information.
3.6 The provisions of this Agreement regarding Confidential Information and limitation of liability shall survive the termination of the Agreement.
3.7 Upon termination of this Agreement the Customer shall immediately stop using the Service and the Customer’s right to use Service shall immediately terminate.
4.1 BW shall provide the Customer with the Service for the fees as set out on the Service Order. These fees are payable in advance from the start of the Minimum Period of Service. Payment will be due on the date specified on the invoice. Except where the Service is terminated by BW without cause or where the customer moves out of an area of network coverage, the Customer shall not be entitled to a refund of subscriptions. In the case where the service is terminated by the Customer moving away from the coverage area and the Customer has more than 6 months of service remaining pre-paid, BW will refund the remaining period less 6 months to cover administration costs.
4.2 Subject to its discretion BW will invoice you with credit terms of 15 days net. BW may charge interest on all outstanding amounts on a daily basis at the rate of 3% per annum above the base lending rate of Natwest Bank plc in force from time to time, from the date of the invoice until the date of actual payment or judgement has been enforced. Additionally, BW reserves the right to terminate the provision of service to the Customer immediately if the Customer is in default of payment. Such termination is without prejudice to the rights of either party accrued prior to the date of termination.
4.3 The installation fee as specified on the Service Order is payable in advance by cash or cheque.
4.4 All fees are subject to change from time to time. BW will contact you in the event of any such increases.
5. Customer Apparatus
5.1 The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used to obtain or use the Service.
5.2 The Customer shall ensure that such Customer Apparatus complies with any applicable law. The Customer shall immediately disconnect any such apparatus if such apparatus does not, or ceases to, conform to applicable standards (if any) in effect at the time.
5.3 Customer Premises Equipment (CPE) means equipment or apparatus installed and owned by Bristol Wireless to enable physical connection to BW services.
5.4 All CPE shall remain the property of Bristol Wireless unless purchased by the customer as part of a wireless internet and/or VoIP package. The customer should take all reasonable steps to ensure the safe and continued working of all CPE installed on their premises and must not interfere with or remove any CPE without the express consent of BW.
5.5 Maintenance and upkeep of any CPE remain the responsibility of BW unless the CPE is owned by the customer in which case such maintenance and upkeep remain the responsibility of the customer. In order for BW to maintain services connected via CPE, BW must be afforded access at the convenience of the customer to undertake any maintenance, repairs or replace any CPE installed on the premises.
BW reserves the right to disconnect any apparatus used by the Customer if the Customer does not fulfil the obligations under this Clause or if, in the opinion of BW, such apparatus may cause the death of or personal injury to any person, or damage to property, or materially impair the quality of any telecommunications service provided by means of the BW Systems, and the Customer agrees to disconnect such apparatus at the request of BW.
6. The Customer’s Use of The Service
6.1 The Customer must ensure that the Customer’s use of the Service complies at all times with the Terms and Conditions and the Acceptable Use Policy available on BW’s website.
6.2 The Customer will co-operate with BW’s reasonable requests for information regarding the Customer’s use of the Service and shall supply such information without delay.
6.3 Where the Customer uses the Service to reach networks and services not operated by BW, the Customer will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.
6.4 The Customer warrants that:
6.4.1 as the registered user of any granted accounts, the Customer will keep the username(s) and password(s) secure and not let them become public knowledge and that the password(s) will not be stored anywhere on a computer in plain text;
6.4.2 if the password becomes known to any other unauthorised user the Customer will inform BW or its authorised representative immediately;
6.4.3 any breach of these obligations shall entitle BW to terminate the Service to the Customer immediately without notice.
6.5 Use by others: the Customer acknowledges that BW is unable to exercise control over the content of information passing over the BW network or via the Service, and BW hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
7. Internet Protocol Addresses
7.1 Any Internet Protocol address allocated by BW to the Customer shall at all times remain the sole property of BW and the Customer will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, the Customer’s licence to use the Internet Protocol address shall automatically terminate and thereafter the Customer will not use such address.
8. Breach of Conditions
8.1 BW shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to its network systems or security. In doing so BW will act reasonably and fairly at all times.
8.2 BW reserves the right to take any action BW deem appropriate and proportionate to the breach of the Conditions.
8.3 If BW decides that the Customer has breached the Conditions, BW will use reasonable endeavours to ensure that the Customer is made aware of the breach without suspension or termination of the Service. However, due to the severity of the breach, it may be necessary to suspend or end the Service whilst details of the breach are investigated further. BW reserves the right to suspend or end the Customer’s Account at its sole discretion without refund and to make an additional charge for all reasonable costs incurred in investigating and dealing with the misuse and/or blocking access to any component(s) of the Service.
8.4 The Customer must notify BW immediately in writing of any allegation of infringement of any intellectual property rights prompted by its use of the Service. The Customer may not make an admission relating to an alleged infringement. The Customer must allow BW, or at BW’s election, the Carrier, to conduct all negotiations and proceedings and give BW or the Carrier all reasonable assistance in doing so. The Customer must allow any part of the Service to be modified so as to avoid continuation of the alleged infringement.
9. Disclaimer of Warranties
9.1 THE SERVICE WILL BE PROVIDED TO THE CUSTOMER “AS IS”, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BW DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS FREE OF DEFECTS AND VIRUSES, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. FURTHER, BW DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE CUSTOMER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CUSTOMER’S USE OF THE SERVICE.
10. Limitation on Liability
10.1 Nothing in this Agreement shall exclude or limit liability for:
(a) death or personal injury resulting from the negligence of either party or their servants, agents or employees; or (b) fraud.
10.2 BW shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for:
10.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
10.2.2 any loss of goodwill or reputation; or
10.2.3 any special, indirect or consequential losses or any destruction of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, suffered or incurred by that party arising out or in connection with the provisions of, or any matter under this Agreement.
10.3 Subject to paragraphs 10.1 and 10.2, BW’s liability to the Customer in contract, tort, negligence, pre-contract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to =£250 (in words: two hundred and fifty pounds).
10.4 Each provision of this paragraph 10 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any other provision does not remain in force, notwithstanding the expiry or termination of this Agreement.
10.5 The Customer is solely responsible for any liability arising out of any content provided by the Customer and/or any material to which other users can link to through such content.
11.1 The Customer agrees to indemnify and hold BW harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the Customer; and (b) any transmission or receipt of any content or message which the Customer has requested or made using the Service.
12. Data Protection/Personal Details
12.1 BW may retain the Customer’s personal data, and the Customer authorises BW to use such personal data, for the following purposes:
12.1.1 the provision of the Service to the Customer;
12.1.2 the keeping of a record for a reasonable period after termination of the Customer’s Service;
12.1.3 the operation and enforcement of these Conditions;
12.1.4 technical maintenance;
12.1.5 providing the Customer with information about other services BW that offers, subject to the Customer’s right to opt out of receiving such information;
12.1.6 legal compliance, including its disclosure to any third party who BW reasonably considers has a legitimate interest in any such investigation or its outcome.
12.2 It is the Customer’s responsibility to keep up to date the personal data that the Customer provides to BW. BW may send notices or other information to the Customer at the address the Customer gives to BW. The Customer should notify BW immediately of any change to the Customer’s personal data by sending an email to BW at email@example.com.
13.1 Any notice required or permitted under the Agreement must be in English and in writing. The Customer must send any such notice to BW via one of the following methods:
(a) send it by post to Bristol Wireless Community Cooperative Ltd., The Computer Lab, Windmill Hill City Farm, Philip Street, Bedminster, Bristol, BS3 4EA; or (b) leave it at the above address; or (c) send it by email to firstname.lastname@example.org.
13.2 Any notice to be sent to the Customer will be sent either to the address which the Customer provided on the Service Order or to the email address registered with BW.
14.1 BW reserves the right to assign or sub-contract any or all of its rights and obligations under this Agreement without the Customer’s further consent to such assignment or sub-contract.
14.2 The Customer may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior express written consent of BW.
15. Matters Beyond The Parties’ Reasonable Control
15.1 If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party’s reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other for such failure to perform its obligations.
16. Proprietary Rights
16.1 All title, interests and rights (including intellectual property rights) in the Service remain with BW and/or its suppliers. The Customer acknowledges such title, interest and rights and the Customer shall not take any action to jeopardise, limit or interfere in any manner with BW’s (or any third party supplier’s) title, interests or rights with respect to the Service, including, but not limited to, using its trademarks or trade name.
16.2 Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable laws. The right to use granted to the Customer under this Agreement gives the Customer no rights to such content. If the Customer wishes to use such content, the Customer must ensure that he has the appropriate consent or licence of the content owner.
17. Amendment of These Conditions
17.1 BW reserves the right to add to and/or amend the Conditions at any time. Such changes shall be notified to the Customer by posting the amended Terms & Conditions on the Website.
17.2 Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Website. Changes will be notified to users by posting a news article on the front page of the website.
18.1 The Agreement will constitute the entire agreement between the parties concerning the subject matter of these Conditions. It will supersede all prior and contemporaneous agreements, communications and representations (except for fraudulent or negligent misrepresentations) whether oral or written, between the parties relating to the subject matter of these Conditions, and all past courses of dealing or industry custom. The Agreement will prevail over any other conflicting written instrument or other notice that the Customer may submit to BW.
18.2 Any amendment to the standard terms of the Agreement must be in writing and signed by an authorised representative of each party.
18.3 The Agreement shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the Courts of England.
18.4 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to the Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
18.5 If any provision of the Agreement (whether in part or in whole) is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
18.6 Any waiver of any breach of any provision of the Agreement will not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the Agreement. A waiver of a provision or breach of a provision of the Agreement will only be effective if made in writing and signed by an authorised representative of the waiving party.
18.7 Any licence granted under the Agreement will not create a partnership, joint venture, agency relationship or franchise relationship.
18.8 Notwithstanding any other provision in this Agreement, nothing in this Agreement will create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the Customer or BW.
18.9 The headings to the sections of these Conditions are for convenience only and have no substantive meaning.
Version 2.0, September 2012
NB: This contract should be read in conjunction with our Acceptable Use Policy.