1. The service
MCL offer Telecoms and ADSL services as agents for the various networks we utilise and BT who provide the infra structure to enable high-speed network access to the internet, a range of internet services and applications which will be provided to you at the premises we agree with you (your premises).
Full support for the service is offered by MCL under our normal terms and conditions.
2. When does our contract with you start?
When you have signed up for the service, this contract (as set out in these terms and conditions) starts. Payment for the service will begin from the date the service is 'live' on your premises.
3. Our commitment to you
When we provide the services to you we promise to use the reasonable skill and care of a competent provider.
Providing the service to you
4. Getting started
4.1 Before we can be certain that we can provide you with the service, we need to do the following:
(a) successfully complete a line test and
(b) successfully activate the service.
If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.
4.2 The service is 'self install' to instructions provided. We can provide a 'wires only' service and you will need to provide your own filters, modem or a router, or we can supply a modem or router.
If we supply these items they will have been checked for correct operation and we will support queries with regard to their operation, although we cannot support equipment that we do not supply. In some instances a connection cannot be made due to incorrect configuration or operation of the customer network or stand alone computer. In these cases the customer will need to correct any fault or seek advice from their IT supplier or installer.
4.3 Any equipment provided by MCL will be purchased and owned by the customer.
4.4 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them. BT Openreach are responsible for the installation and maintenance of all telecommunications systems and while we will use our best efforts to meet our customers' requirements, the scheduling, operation and tasking of BT engineers is beyond our control.
Making sure the service is secure
5.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
5.2 To ensure that the service remains secure, you must not change or attempt to change a username.
5.3 If we think there is likely to be a breach of security or misuse of the service we may:
(a) change your password and then we will notify you that we have done this;
and/or
(b) suspend username and password access to the service (please also see paragraph 16).
5.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you may need to inform us immediately.
5.5 If any of the information you give to use when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.
6. Things we may have to do
6.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). Before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension.
6.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can. The technical specification will only be changed where this will not materially affect the performance of the service.
6.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
7. Repairing faults in the service
Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will in conjunction with BT and the various Network providers, correct all reported faults as soon as we reasonably can. Please also see condition 4.4.
What we need you to do
8. Paying our charges
8.1 You must pay the charges for the service that are set out in our price list or quoted to you in a letter or by email or in the agreement that you sign for the services.
8.2 We will begin charging you in advance for the service, on the date that the service is activated and available for you to use. We may charge you at a later date at our option but if we do then payment will be due within seven days of the issuing of an invoice or as requested by us.
8.3 You must maintain the payment agreements set-up at start up and failure to make such payments when due may result in the immediate suspension of the supplied service or any other services made available by MCL to you whether directly related to the Telecoms services or not. Permanent cancellation of services and/or removal of services, if applicable, will be instigated if payment has still not been received 7 days after it became due.
8.4 You acknowledge that you may be subject to our credit management procedures and that we may, at any time, require you to pay a deposit or provide a guarantee as security for payment of future bills.
9. Use of service
9.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offense;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to spam or to send or provide unsolicited advertising or promotional material sent or provided by any third party;
(e) in any way in our opinion is, or is likely to be, detrimental to the provision of the service to you or any of our customers;
(f) in an unlawful manner, in contravention of any legislation, laws, license of third party rights or in contravention of Acceptable Use Policies located at: www.abuse-guidance.com as may be amended from time to time; or
(g) in a way that does not comply with any instructions that we have given you.
9.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.
9.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub- license the service (or any part of it ) or the associated software to anyone else.
Other uses of the service
10. Your use of the internet
The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet. See also general terms and conditions at: www.mclweb.co.uk.
Our general terms and conditions will apply to your use of the internet or to other aspects of our service accessed by your use of our Broadband facility. Where these services are not covered in these conditions, then the General Terms and Conditions will apply.
If things go wrong
11. If you break this contract
Either of us can end this contract immediately on notice at any time if the other;
(a) commits a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so;
(b) commits a material breach of this contract which cannot be remedied;
(c) is repeatedly in breach of this contract; OR
(d) is the subject of bankruptcy or insolvency proceedings, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of their assets, or they go into liquidation.
12. Suspension of service
12.1 Instead of terminating the service under paragraph 15, we can choose to suspend the service. If we do this we can still end this contract at a later date. If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither have ended this contract) when you satisfy us that you will only use the service as we have agreed.
12.2 If we decide to suspend the service this contract will continue during the period of suspension and you will have to pay all relevant charges.
13. Liability for telecomms and adsl services
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees). we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice.
13.1 We have no liability (whether in negligence or otherwise) for any direct or consequential loss, nor for any loss of opportunity, goodwill, reputation, business revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
13.2 We do not have any liability of any sort (including liability for negligence) for the acts of omissions of BT, networks or other providers of telecommunication services or for faults in or failures of their networks and equipment.
13.3 Each provision of this section 13 operates separately in itself and survives independently of others.
Ending this contract
14. Before the service has been activated
You may end this contract at any time before the service is activated and available for you to use, but if we have already set up any equipment at your premises you must pay any equipment or service charges. Once the service has been activated and is available for you to use, you can only end this contract as set out in paragraph 15, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
15. After the service has been activated
15.1 This contract can be ended by:
(a) either of us giving 28 days notice to the other, such notice to be given on the first of the month, except where the agreement is still in the first month of service and in this case 2 months notice are required and such notice to be given on the first of the next month; or
(b) you giving us seven days notice if under paragraph 17 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
15.2 If you give us notice that ends this contract under paragraph 15.1, or we end this contract under paragraph 11, no further charges will be payable other than those outstanding at the time of cessation.
15.3 If you have paid any charges for a period after the end of this contract, we will either repay these charges or put them to any money you owe us.
16. How this contract can be transferred
Neither of us can transfer this contract except that we can both transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company ( all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
17. How to give notice
17.1 If either of us gives a notice to the other under this contract this must be done either by e-mail using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
(a) To us: at the postal address or e-mail address shown on the appropriate web site or an alternative address which we may give you.
(b) To you: if you are a company at your registered address, or at the postal address you specify when registering for the service or an alternative address which you may give us, or at the e-mail address provided to you as part of the service.
17.2 You are responsible for checking the mail sent to the e-mail address provided by you as part of the service. See also our general terms and conditions relating to e-mail services.
18. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
19. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
20. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
Any Correspondance should be addressed to:
MCLWEBCO Limited t/as MCL Communications, Hamford House, 55 Woodberry Way, CO14 8EW
|
