Terms

ADSL Broadband

By signing up for the relevant requested service or services, you agree to
be bound by these terms and conditions (“these Conditions”).

DEFINITIONS
In these Conditions:
1.1 “Net Communications” or “we” means Net Communications 2 Ltd (Company No.
03380801) of The Old Coach House, Hall Road, Northrepps, Cromer, NR27 0XF;
1.2 “the Customer” or “you” means the party subscribing for and/or using the
Service;
1.3 “the Service” or “the Services” means those services described in
Schedule A;
1.4 “Agreement” means an agreement for provision of the Service
incorporating these Conditions;
1.5 “Content” shall mean applications, data, information, video, graphics,
sound, music, photographs, software or other material which we provide as
ancillary to the Service.

PART I – PROVISION & USE OF THE SERVICE

PROVISION OF THE SERVICE
2.1 General
Net Communications shall provide the Service to you in accordance with and
subject to the provisions of these Conditions (and in particular subject to
the conditions and limitations described in Schedule B).
2.2 Upgrades and other changes
We shall have the right to unilaterally:

upgrade, add to, or improve the Service (but at no extra charge to you
during the payment period during which this change occurs);

make other amendment, variation or modification to the Service (subject to
there being no material detriment suffered by you as a result).
2.3 Operational faults
We agree to use reasonable efforts to remedy any reported operational faults
in relation to the Service as soon as reasonably possible, but cannot
guarantee to maintain uninterrupted availability of the Service.
2.4 Additions
If you require any variations or additions to the Service, then these will
need to be specifically agreed in writing between you and us (with
additional fees to be paid as appropriate).

DURATION
3.1 General
The Agreement for provision of the Service shall last for the period during
which relevant fees are paid by you, subject to the rights of termination in
Clause 16 and as otherwise set out in these Conditions. Fees shall be
payable on a monthly basis and the Agreement shall operate on monthly basis,
save for the ADSL Power User service, which shall operate on a two monthly
basis.
3.2 Temporary suspension
We shall have the right to temporarily suspend the Service for operational
purposes (such as repairs, maintenance, or installation of upgrades), but
will endeavour to provide as much notice as possible of any such suspension.
3.3 Extended period of suspension
We shall not be responsible for any inconvenience, wasted expenditure, loss
of goodwill or reputation, loss of opportunity or financial loss caused as a
result of a suspension under Clause 3.2, but if such suspension continues
for more than 14 days then you shall be entitled to terminate the Agreement
by notice in writing to us.
3.4 Commencement
In relation to Customers who are consumers or who otherwise possess a legal
right to cancel this Agreement, we reserve the right not to provide or
connect the Service or to supply any equipment necessary for the connection
of the Service until after the expiry of any relevant statutory cancellation
period

YOUR USE OF THE SERVICE
4.1 Prohibited uses
You agree that neither you nor any person using the Service with your
permission shall use the Service:
for any fraudulent, criminal or unlawful purpose;
to send unsolicited advertising or promotional material (or to engage in any
“spamming” activity);
to transmit any virus, worm, trojan horse or other harmful material.
for the purpose of intimidating, harassing or causing annoyance to any third
party;
for an unethical purpose or in an unethical manner;
to hack, probe, denial of service attack or attempt to gain unauthorised
access to any system.
4.2 No infringing or offensive use
You further agree that neither you nor any person using the Service with
your permission shall use the Service to send, receive, download, or place
upon any website hosted by us any material which is obscene, offensive,
defamatory, unlawful, or infringes the intellectual property or other rights
of any third party.
4.3 Acceptable Use Policy
You also agree to abide by the rules and guidelines set out in Schedule B
below and in the Net Communications Acceptable Use Policy referred to in
that Schedule.

SECURITY
5.1 Passwords & general security
You agree to ensure that any password or username provided by us to you is
kept confidential and secure. You agree to immediately notify us of any
actual or suspected breach of security or misuse of any password or
username.
5.2 Responsibility for loss
We accept no responsibility for any loss caused to you as a result of any
breach of security or misuse of any password or username by any third party.
5.3 Emergency measures
We reserve the right for security reasons to suspend connection to the
Service and/or to change any nominated password or username (and we shall
have no responsibility for any inconvenience, wasted expenditure, loss of
opportunity, loss of goodwill or reputation or financial loss caused as a
result).

CONNECTION TO THE SERVICE
6.1 Pre-requisites and equipment
You acknowledge and agree that the technical pre-requisites and other
provisions set out in Schedule C shall apply, including in particular the
line requirements. It is your responsibility to ensure that you have the
appropriate equipment to connect to and use the Service. We accept no
responsibility if the Service cannot be accessed or used (temporarily or
otherwise) as a result of inappropriate or defective equipment provided by
you.
6.2 Dates
Any date or period for connection of the Service specified by us shall be an
estimate only and time shall not be of the essence in relation to such time
or period.
6.3 Delays
Net Communications accepts no responsibility for any inconvenience, wasted
expenditure, loss of goodwill or reputation, loss of opportunity, or
financial loss caused or suffered by any delay in the connection of the
Service (save that there shall be an appropriate refund in the amount of any
periodic fee payable by the Customer for the use of the Service under this
Agreement if there shall be any delay in the anticipated date of connection
of the Service caused as a result of the fault of the Company).

PART II – ANCILLARY MATTERS

PROVISION OF SOFTWARE OR OTHER ITEMS
7.1 General
We may provide you with software, to enable you to access the Service or
make enhanced use of the Service (“Software”).
7.2 General
You agree:
not to copy or modify the Software (otherwise than as may be necessary to
access the Service); and
not to access the Service in an alternative way or in circumvention of any
security measures contained in the Software (save where you have our written
consent to do so).

7.3 Licence
We grant to you for the duration of the Agreement a non-exclusive
non-transferable licence to use the Software for the purposes of use of the
Service. Such licence shall be subject to such terms as are brought to your
attention prior to your use of the Software, and shall be suspended during
any period of suspension of the Service.
7.4 Special provision of equipment
Any equipment supplied by us to you shall be subject to a separate agreement
between us and you, upon the basis of agreed terms and conditions for such
supply (as may be set out on the Net Communications website).

ADDITIONAL CONTENT PROVIDED BY US
8.1 Use of Content
Content may only be used by you for your own private use (or as otherwise
expressly agreed in writing by us). Content is used by Customers at their
own risk, and we accept no responsibility for any accuracy, completeness or
adequacy in relation to the same.
8.2 Restrictions
You further agree:
to respect the intellectual property rights in relation to the Content;
not to copy, store, transmit, distribute externally, or modify, adapt or
alter the Content.

8.3 Other terms
You agree that any use by you of Content shall be subject to any separate
terms and conditions upon which the content is provided. These may be
displayed online or elsewhere.

INTERNET AND TELECOMMUNICATIONS COSTS
9.1 Internet availability
We accept no responsibility for the functioning of the Internet or any other
service, which is accessed by you through the use of the Service, and accept
no responsibility for any transaction or other activity undertaken by you
through the use of the Internet, or other service provided to you through
the use of the Service.
9.2 Telecommunications costs
We shall have no responsibility for the telecommunications or other costs
incurred by you through the use of the internet or any other service which
you may access through the use of the Service

EQUIPMENT AND OPTIONAL EXTRAS
10.1 General
Where you order them in the course of signing up for the Service we may also
provide you with additional equipment (e.g. modems, routers, microfilters)
or services (e.g. domain name registration, extra IP addresses). When you
order these the price for these will be added to the fees specified in
Schedule D, and the terms in Clauses 10.2 and 10.3 will apply.
10.2 Equipment
Equipment will be supplied subject to the manufacturers’ terms and
conditions.
10.3 Domain names
Registration of any .uk domain name will be subject to the Nominet
registration terms at www.nominet.org.uk/nominet-terms.html, and
registration of any other top level domain name will be subject to the ICANN
registration terms and Uniform Domain-Name Dispute-Resolution Policy at
www.icann.org/udrp.

PART III – FINANCIAL PROVISIONS

FEES PAYABLE FOR USE OF THE SERVICE
11.1 General
You agree to pay the fees for the use of the Service as set out in Schedule
D.
11.2 Periodic fees
Periodic user fees for the Service, shall be payable on the relevant renewal
date, which shall be computed from the date of entering into the Agreement.
11.3 Increases
We shall have the right to increase any periodic fees by at least 28 days
advance notice to you prior to the relevant renewal date.
11.4 VAT
Unless otherwise stated all fees shall be exclusive of value added tax,
which (where due) shall also be payable by you. All fees shall be paid in
pounds sterling.
11.5 Cancellations and refunds
You may cancel the ADSL, as well as any service, held with Net Communications at any time by giving at least one months written notice (including your full contact details and details of the service to be cancelled) by email to: admin@netcom.co.uk or by fax to: +44 (0)1603444444. If there are any outstanding arrears or account issues these would need to be settled before the cancellation request can be processed.
If you pay, or have paid, for a service by standing order, when this service is cancelled or ceased, we will notify you to cancel the standing order when we confirm the cancellation of the service. If you fail to cancel the standing order for any reason and subsequently require a refund, there will be a charge of 25% of the refund amount.

PAYMENT OF FEES
12.1 Date for payment
The fees (and any relevant VAT) shall be payable on the date of entering
into the Agreement.
12.2 No waiver for Customer delay
The periodic fee payable under this Agreement shall be payable as from the
date of our acceptance of your order, even though you have not as of yet
obtained appropriate equipment to connect to and use the Service.
12.3 Rebate due to our delay
We may in our discretion rebate part of the periodic fees to you in relation
to an internet connection Service, if (due to our fault) connection of such
Service does not occur within 10 working days from the date of entering into
of the Agreement

PART IV – ADMINISTRATIVE & LIABILITY MATTERS

LIABILITY
13.1 Death, personal injury & other matters
Nothing in these Conditions shall exclude or limit our liability for death
or personal injury caused by our negligence or exclude or limit our
liability for fraudulent misrepresentation, and nothing in this Clause shall
affect the statutory rights of consumers which cannot be limited.
13.2 General loss
Subject to Clause 13.1 and to clause 13.3, Net Communications’s liability
under the Agreement shall be limited so far as permitted by law to the
amounts paid or payable by you under the Agreement.
13.3 Loss of or damage to property
In respect of damage to tangible property caused by negligence (and in
respect of any other matters to the extent that Clause 13.2 is not
effective) Net Communications’s liability for any breach of contract,
statutory duty, or other obligation on its part shall, subject to Clause
13.1, not exceed one million pounds (£1,000,000).
13.4 Consequential loss
To the extent permitted by law, Net Communications shall not be liable under
the Agreement for:
any indirect or consequential loss;
any loss of profits or revenue;
any loss of goodwill, reputation or opportunity,
any loss of or corruption of data.

13.5 Higher limitation
The limitations in this Clause are based upon Net Communications’s available
insurance cover and other relevant matters. If you wish Net Communications
to accept legal responsibility for a higher amount this can be effected by
specific agreement of the parties, upon your paying agreed additional fees
for the higher liability.

RIGHTS TO REMOVE MATERIALS
14.1 Rights of removal
We shall be entitled to remove any material posted by you to any computer
under our control which in our reasonable opinion is likely to infringe the
intellectual property or other rights of any third party or which is
otherwise unlawful.
14.2 Vetting
You acknowledge that we shall be under no responsibility or obligation to
validate or vet (for usability, legality, content or correctness) any
material communicated by you or hosted by us through the use of the Service
14.3 Indemnity
You agree to indemnify us (and any officer, consultant, agent or employee of
ours) in respect of any third party claims made against us (or any such
officer, consultant, agent or employee) resulting from any use or misuse of
the Service by you (or by any employee, agent, consultant or officer of
yours, or any other party using the Service with your permission). The
indemnity shall extend to any legal, professional and other costs incurred
in defending any such claim, and any monies paid to the claimant by way of
settlement of any such claim.

ACCESS TO PREMISES
15.1 Access
If we reasonably so require, you shall provide access to the premises from
where the Service is being accessed. Access may be required for (but not
limited to), for the purposes of the connection of the Service, repairs,
maintenance, upgrades, or to investigate any actual or potential breach of
this Agreement.
15.2 Access not available
If an engineer is booked to investigate a fault but no access is available
then fees will be due for the engineer call out. (see Scehdule D)
15.3 End User Equipment
If an engineer is booked to investigate a fault and no fault is found on the
line then fees will be due for the engineer call out. (see Scehdule D)

PART V – TERMINATION & MISCELLANEOUS

TERMINATION
16.1 Termination on notice
Either Net Communications or the Customer may terminate the Agreement (see
Clause 16.2 for customer notice required by customer for Power User ADSL
Service) at any time by service of 14 days notice in writing upon the other
party, such notice to take effect at the end of the next period after
termination of the notice. If we terminate the Agreement under this Clause,
we shall refund to you an appropriate portion (computed upon a time basis)
of any periodic fees paid by you for the use of the Service. If you
terminate the Agreement under this clause, you shall not be entitled to any
refund or rebate of any fees which you have paid or which are payable by you
under the Agreement.
16.2 Termination for Power User ADSL Service
Termination of the Power User ADSL Service requires two months’ notice from
the Customer.
16.3 Termination for breach
We shall be entitled to terminate the Agreement without the need to give any
notice in writing to you upon the occurrence of any one or more of the
following events:
breach by you of any provision under the Agreement;
non payment of any fees due from you to us under the Agreement.

16.4 Insolvency
We shall be entitled to terminate the Agreement without the need to give any
notice in writing to you upon the occurrence of any insolvency action or
procedure being commenced or implemented in relation to you.
16.5 Termination due to BT telephone line contract
We shall be entitled to terminate the Agreement without the need to give any
notice in writing to you upon the occurrence of any change of your BT
contract details of the underlying telephone line upon which the service is
provided including:
change of ownership, name, address, location, or service on the BT contract
stop of the telephone line for any reason by either you or BT.

16.6 Other events
We shall be entitled to terminate the Agreement without the need to give any
notice in writing to you upon the occurrence of any one or more of the
following events:
if we in our opinion believe that termination of the Service is necessary to
protect our goodwill or reputation and/or of our services or products (or
necessary to protect the service provided by us to other users);
if we in our opinion believe that you are in breach of the provisions of
Clause 3 or Schedule B of these Conditions;
the receipt by us of any complaint, letter before action, or proceedings by
any third party in relation to the manner of your use of the Service, or the
content of any material published by you through the use of the Service.

CONSEQUENCES OF TERMINATION
17.1 General
The Service shall cease to be provided as from the point in time of
termination of this Agreement.
17.2 Return or removal of items
Immediately on termination you shall:
return to us all equipment, manuals, software, CD-ROM, other storage media,
property, documents or information provided by us on loan or hire to enable
you to access the Service (and for this purpose shall provide access to us
or our representatives or agents to any premises where any such items may be
located);
remove or arrange for the removal from any computer in your possession
custody power or control, of any software provided by us for the use of the
Service.

17.3 Notification of termination
If we terminate the Agreement under Clauses 16.2, 16.3, 16.4 or 16.5 above:
we shall endeavour as soon as reasonably practicable to give notice of such
termination by email to you;
we shall not be liable to refund any fees paid or payable by you, and any
claims, rights of action, and rights of indemnity we have shall continue to
subsist.

17.4 Prior rights
Termination of the Agreement shall not affect any rights or claims available
to the parties under the Agreement, and in particular any fees due to us
from you shall continue to be payable (subject to time apportioned rebate of
periodic fees under Clause 16.1), and any indemnity provided to us by you
shall continue in operation

SUSPENSION OF SERVICE
18.1 Right to suspend
In addition to the right of termination in Clause 16, we shall have the
right to suspend the Service without notice on the occurrence of any of the
events specific in Clause 16.2, 16.3, 16.4 or 16.5.
18.2 Consequences of suspension
If we exercise the right to suspend the Service in Clause 18.1:
we will provide you with notice in writing as soon as reasonably practicable
after suspending the service under Clause 18.1;
the Agreement shall continue to subsist during the period of suspension, and
we shall not be liable to repay any fees paid or payable by you during the
period of suspension;
we may following such suspension subsequently terminate this Agreement under
Clause 16 of the Agreement.

18.3 Notice of re-commencement
We will provide notice in writing to you if we shall (in our absolute
discretion) decide to end any suspension of the Service

MISCELLANEOUS
19.1 Headings
The headings to the clauses of these Conditions, and headings to other parts
are included for ease of reference only and shall not affect the
interpretation of these Conditions.
19.2 Assignment
You shall not without our prior consent (which consent we may withhold at
our absolute discretion) assign, transfer, or sublicense the Agreement or
any of the benefits to be provided by us under this Agreement, or permit any
third party to use the Service.
19.3 Notices
All notices to be given under the Agreement must be in writing in English.

Notices to Net Communications may be served upon our postal address. Notices
to Net Communications shall not be effective unless physically received by
us.

Notices upon the Customer may be served upon your last known home, business,
or e-mail address as known to us. Notices to you shall be deemed to have
been received by you when the relevant notice ought to have been received by
you in ordinary course through the use of the relevant means of transmission

19.4 Force Majeure
We shall have no liability if we are unable to provide or connect the
Service or if the continuation of the Service is interrupted or withdrawn
due to any cause beyond our reasonable control, including (but not limited
to) actions of third parties, civil unrest, industrial action, fire,
inclement weather, and national emergency.
19.5 Variation of Agreement
We shall be entitled to vary this Agreement upon the giving of 28 days
notice in writing to you. No other variation or amendment to this Agreement
shall be ineffective unless made or confirmed by you in writing.
19.6 Waiver
Any failure or delay by us in exercising any of our rights under the
Agreement, will not constitute a waiver of that right, or prevent the future
exercise of such right.
19.7 Third party rights
Save in respect of Clause 14.3, the parties do not intend any term of this
Agreement to be enforceable by any third party pursuant to the provisions of
the Contracts (Rights of Third Parties) Act 1999
19.8 Severability
If any Clause or part of these Conditions is found to be unlawful or
unenforceable in whole or in part, then that provision shall be deemed to be
severable from the remaining provisions and shall not affect their validity
or enforceability
19.9 Governing law
The Agreement will be governed by and interpreted in accordance with English
law and the parties agree to submit to the exclusive jurisdiction of the
English courts.
19.10 Unforseen circumstances. The vast majority of our customers enjoy a high quality service but occasionally some telephone lines develop a fault or prove unsuitable for ADSL once the service has been activated. ADSL is not a guaranteed service, although we will endeavour to support the service you have ordered technical issues may occur on some lines that will cause connectivity problems. If the fault proves unrepairable and is not related to your own equipment/ software then on rare occasions the service will be withdrawn and we will provide notice to confirm the service is to be terminated. On these occasions a refund will be offered for the service you have paid for (backdated to when the fault was first logged) but not for the equipment/software purchased to access the service, however if you purchase your equipment from Net Communications and the above occurs then we can offer a refund on receipt of this undamaged equipment.

SCHEDULE A
The Service

Net Communications Wires Only ADSL in one of the following options (all with
a 256Kbit upload speed):

Pure IP 512 Home User Wires Only contended at 50:1 (for consumers only)
Pure IP 512 Business Lite Wires Only contended at 50:1

Pure IP 1024 Power User Wires Only contended at 50:1 (for consumers only)
Pure IP 1024 Power User+ Wires Only contended at 20:1 (for consumers only)
Pure IP 2048 Power User Wires Only contended at 50:1 (for consumers only)
Pure IP 2048 Power User+ Wires Only contended at 20:1 (for consumers only)

Pure IP 512 Business Wires Only contended at 20:1
Pure IP 1024 Business Wires Only contended at 20:1
Pure IP 2048 Business Wires Only contended at 20:1

SCHEDULE B
Conditions, limitations and prohibitions in relation to the use of the
Service

Without prejudice to the contents of Clause 3 of the Conditions, the
Customer agrees to use the Service in accordance with Net Communications’s
Acceptable Use Policy located at http://www.netcom.co.uk/ (as available and
amended from time to time).

The Customer also agrees (without prejudice to paragraph 1 above) not to use
the Service in breach of good netiquette practices.

If the Customer sets up its own web site(s) (“the Web site(s)”) or file
sharing services as part of the Service, the Customer shall be responsible
for all material contained on the Website(s) or file share, including
material placed upon the Website(s) or file share by a third party.

The Customer (if carrying on a trade or business) shall state his principal
business address upon the Website(s).

Without prejudice to Clause 3 of the Conditions, the Customer agrees that
the material contained upon the Website(s) or file share will not infringe
the intellectual property or other legal rights of any third party, and
whether arising under English law or under the laws of any other
jurisdiction.

The Customer also agrees upon request by Net Communications, to remove or
prevent access to any material which is hosted through the use of the
Service.

The Customer agrees to ensure that all material communicated by the Service
or hosted by the Company through the use of the Service is checked for
viruses or other harmful codes

The Customer agrees to make regular back ups of all material and data hosted
through the use of the Service.

SCHEDULE C
Prerequisities and other provisions relating to connection to the Service

The following constitute prerequisites for connection to the Internet Access
Service:
a standard copper BT analogue single telephone line;
an ADSL enabled exchange;
successful completion of telephone line test and survey for ADSL
suitability, and technical compatibility with ADSL requirements;

(if applicable) appropriate installation of suitable equipment needed for
the use of the Service;

(in relation to consumers), for safety purposes, the equipment shall bear
the European Consumer Equipment Standards “CE” mark;

(in relation to business users), where the Net Communications so requires,
its approval of the connection equipment to be used or intended to be used
by the Customer;

(for consumers) the expiry of any statutory cancellation period

the activation of the Service

The Customer’s telephone system may be temporarily lost during installation
of equipment necessary for the use of the Service. The period of the loss of
the telephone service may range from a few minutes to several hours. Net
Communications shall be under no responsibility for any inconvenience,
wasted expenditure, loss of opportunity, loss of goodwill or reputation or
financial loss caused as a result of such loss of service.

It is the Customer’s responsibility to ensure that the location where the
Service is accessed is suitable for the purpose, including in terms of (but
not limited to) air conditioning, static humidity levels, fire suppression
system, security levels and electrical supplies.

It is the Customer’s responsibility to ensure the equipment to be plugged
into the Service is suitable for the purpose, including in terms of (but not
limited to) microfilters, splitters, ADSL modems, routers, computer
equipment, USB ports and operating systems.

SCHEDULE D
Fees payable for the use of the Service

As Per the Net Communications website, http://www.netcom.co.uk/products/

Other Fees:

Engineer Call Out Fee: If an engineer cannot gain access to the customer
property at the alloted time as agreed by the customer (to us or BT
Wholesale) or circuit proved ok and problem identified as customer equipment
problem then 50.00 plus VAT fee will be applied.

Late Notice Cancellation Fee: If after seven days of receipt of your order
but prior to service being activated you decide to cancel then a late notice
cancellation charge will be applied: 29.99 plus VAT.

Activation Fee: If activation fee is waived and service is cancelled within
12 months then the standard activation fee of: 59.99 plus VAT is due.

Reworking Charge: This charge will apply when a BT Engineer at a customer
site has to make good any existing non-BT installed wiring to make it fit
for installation. Work will only be undertaken with the consent of the
customer and charges will be raised directly by BT against the customer.