Your agreement with us is made up of:

• these terms and conditions, which cover the trial of the product or service (the service)and any equipment or software we may provide to you to enable you to use the product or service; and

• the below schedules(the service schedule and the charges schedule) describing:

- the service and the duration of the trial;

- the criteria required for participation;

- products or services that are not compatible with the service;

- how to contact us to report faults;

- any charges for the service and how we collect those charges.

Service Schedule

Plusnet High Speed Broadband Trial

• You may have this new service provided on your current broadband line

• Except as varied in this agreement the Plusnet services that we provide you with will be in accordance with the PlusNet Terms and Conditions for Internet Services (as appropriate) which can be viewed online at:

http://www.plus.net/info2/legal/index.html

• We may need to complete a line test and survey to ensure your telephone line is capable of receiving a technically suitable broadband service before we can provide you with High Speed Broadband.

• The duration of the High Speed Broadband trial is at our sole discretion but is initially scheduled to run from January 2009 to June 2009.

• We will support and maintain the High Speed Broadband service for the duration of the trial. We cannot guarantee the service will be fault free.

• Please contact the support centre via the usual channels if you experience any issues. The support number is 0845 1400200.

As this service is still in its early trial phase, once you are on the trial there will be certain constraints as follows:

• The time taken to setup the service and then the time taken for your line speed to stabilise may be longer than the standard 5 days and 10 days respectively.

• Although we will do what we can to limit any disruption, the only additional Plusnet services that we explicitly support on the High Speed Broadband lines, for the purposes of the trial, are email, webspace, Broadband Phone and Home Phone.

• We will not be able to provide you with the service at your new address if you move home during the trial unless that location is able to participate in the High Speed Broadband trial.

• If you wish to move to another service provider during the trial, we will try and issue you with a Migration Authorisation Code (MAC). However we cannot guarantee that we can generate a MAC for you or that your new service provider will be able to accept it.

• We cannot guarantee continuity of service at the end of the trial. We may have to cease the service, and then re-provide your broadband service which could lead to loss in service for up to 10 working days.

Charges Schedule

• All existing charges remain the same.

Terms and Conditions

The service we provide

1. The service you agree to trial for us is described in service schedule.

2. The service is for home use only and not for business.

Where we provide service

3. We will provide the service at the address we have agreed with you.

What you need

4. In order for us to provide the service you will need to ensure that:

• you meet the criteria for participation as described in service schedule ;
• you have disabled or had removed, any incompatible product or service as described in service schedule ; and
• You maintain any other specified existing services as described in service schedule.

When does your agreement with us start and finish?

5. Your agreement will begin on the day we provide you with the service. All dates are estimates and we cannot guarantee we will meet them.

6. Your agreement will end on the date we specify in service schedule, unless we end it earlier or otherwise extend the trial by giving notice to you.

Getting started

7. You will need to install the equipment referred to in the service schedule and you agree to follow any reasonable instructions including security instructions that we may give you about the service.

8. All equipment we provide for the trial will remain the property of Plusnet unless we tell you otherwise or you purchase it.

9. Where we provide equipment, you agree to access the service using the equipment we have provided as part of the trial.

Quality of the service

10. You accept that the service is being developed. We do not guarantee that the service will be free from faults. You agree to report any faults to us promptly. We will try to repair any faults you report within a reasonable timescale.

11. For operational reasons we may suspend the service or vary the technical specification of the service. We will try to tell you before we do this.

Paying for the service

12. You agree to pay any charges for the service as described in the charges schedule.

Ending the agreement

13. If you wish, you may end this agreement at any time by giving us 30 days notice. If you do so you will revert to your original Plusnet agreement with us.

14. We can end this agreement by giving you 30 days notice. We may also end this agreement if you break the terms of this agreement. If we end this agreement you will revert to your original Plusnet agreement with us.

Using the service

15. You must not use the service or allow the service to be used:

• to make offensive, indecent, menacing, nuisance or hoax calls; or
• Fraudulently or in connection with a criminal offence.

You agree to take all reasonable steps to make sure that this does not happen.

We take this kind of misuse very seriously. If we reasonably believe it has happened, we may take immediate action to suspend the service or end the agreement, without telling you first, even if you were not aware of the misuse.

16. If we make software available to you, you agree:

• that it is for your use only, and not to transfer it to anyone else, or to try to do so;

• not to copy or modify it (unless you are allowed by law to do so); and
• To use it only as we instruct.

17. You agree not to connect equipment to the network over which the service is provided that may harm the network or other customers’ equipment. If you do, you must disconnect it immediately, or allow us to do so at your expense.

18. You accept that where we have provided equipment for the trial you must not sell it, give it away or use it as security for a loan.

19. You accept that this agreement is personal to you and you agree not to transfer it to anyone else, or to try to do so.

Security

20. You are responsible for the security and proper use of any user IDs and passwords and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

21. You must immediately inform us if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorised to use it or is being or likely to be used in an unauthorised way.

22. You must immediately inform us of any changes to the information you have supplied when registering for the service.

Trial Data Collection

23. You agree that during or after the trial you will:

• complete any questionnaires or other documents we may send you concerning the service;
• participate in any interviews and discussion groups; and
• provide us with any information about the service as we may reasonably require.

You accept that any such information is necessary for us to evaluate the service.

24. The results of the trial will not be made public and you will have no right to any such results.

25. You agree that copyright in any information or designs arising as a result of the trial will belong to us.

Confidential Information

26. You agree to keep in confidence and not to disclose any information (whether written or oral), about this trial, its existence, these terms and conditions or any other information obtained under this agreement.

27. You will immediately notify us if you become aware that the information referred to in paragraph 26 has been disclosed and that information may be put to unauthorised use.

Our responsibility to you

28. We will be liable if you are injured or die as a result of our negligence. We do not limit that liability by paragraphs 29 or 30 or in any other way.

29. We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this Contract starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure, data being lost or corrupted, loss or damage incurred by you as a result of third party claims or any indirect, special or consequential loss or damage howsoever caused.

30. Any liability we have of any sort (including liability for negligence) is limited to £10,000 in any 12 month period.

31. We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other service providers, or for faults in or failures of their networks and equipment

32. Each provision of this clause operates separately in itself and survives independently of the others.

Matters beyond our reasonable control

33. Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control. This could include very severe weather. In these cases, we do not accept responsibility for what has happened.

If you break this agreement

34. Other than for serious misuse described in paragraph 15, we will normally give you an opportunity to put matters right within a reasonable time if you break this agreement.

35. However, if you do not do so, we may suspend the service or end the agreement. We may also suspend the service or end the agreement if you break any other agreement you have with us and do not put matters right within a reasonable time. If we suspend the service, we will tell you what needs to be done before we reinstate it.

36. If you have not paid your bill, we will generally not suspend the service or end the agreement until 14 days after your payment was due.

After the Trial

37. You agree that we may not continue to provide the service after the trial has ended.

38. Where we have provided you with equipment you agree to return it to us if we ask you to.

39. If we do make the service available and you decide you would like to keep it, then this agreement will end and a new agreement under our standard terms and conditions for the service will apply.

Other things we need to tell you

40. We may take instructions from a person who we think, with good reason, is acting with your permission.

41. When this agreement ends, we will pay back to you any money we owe you. We will first take off any money you owe us, under either this agreement or any other agreement between us.

42. When we need to contact you, we will use either your billing address or your email address. If you need to contact us, please use the address or contact we provide.

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This entry was posted by Dave Tomlinson on Thursday, January 15th, 2009 at 5:01 pm and is tagged with PlusNet News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.