| Terms
& Conditions
The words which follow set out, in straightforward and
plain language, the agreement between “you”
(the customer) and “us” (Activeware). Please
read them carefully.
1. OUR AGREEMENT WITH YOU
1.1 The Service
Provided that you comply with the terms of this Agreement,
we will, in return, provide you with High Speed Broadband
Access to Internet content and technical support. The
service is intended for consumer home and business use.
1.2 Commencement of the Agreement
The agreement shall commence when you have accepted
the terms and conditions set out in the agreement by
clicking on “I accept”.
1.3 Duration of the Agreement
(A) The Minimum period of the Agreement is twelve (12)
months starting at the date we begin supplying the service.
You can only terminate this Agreement during that Minimum
Period in accordance with paragraphs 8C and 8E.
(B) If you terminate this Agreement during the Minimum
Period you agree to pay the charges which would otherwise
have been payable for the remainder of the minimum period.
(C) After the minimum period expires, this Agreement
will continue until either you or we terminate the Agreement
on thirty (30) days' written notice
2 Provision of Service
2.1 Eligibility for the Service
(A) If you do not live within a Designated Service Area
you will not be eligible for our Service.
(B) If you live within a Designated Service Area you
may only be eligible for our service if you live in
a suitable location such that we can supply the Service.
Whether you live in a suitable location will be determined
by us before we install the service.
(C) If you live within a Designated Service Area and
your premises are located within a suitable location
we may refuse to supply the service if we believe that
you cannot comply with our Fair Usage Policy.
(D) If we decide that we cannot provide the service
to you for whatever reason or that a non standard installation
would be required to enable us to provide the service,
we may cancel any agreed installation date and terminate
this Agreement. We shall be under no liability to you
for any failure to provide the service in these circumstances.
2.2 Installation
(A) We will install the Service within a reasonable
period of time after confirming acceptance of the Order
and we will contact you to arrange a mutually convenient
date and time for installation.
(B) We will make every effort to site the Equipment
within or on your premises in the location of your choice
and will always comply with any reasonable requests
you may have regarding the use and placement of cables.
However in some cases it may not be possible for technical
or other reasons, to do so and we therefore reserve
the right to install the Equipment as we see fit.
(C) You will need to provide suitable computer hardware
and software. This agreement does include the provision
of USB Wireless Adapter and Software that is necessary
to connect to the service or obtain access to the internet
(D) If we damage your premises during installation of
the Equipment because of our negligence, we will cover
the reasonable costs of any work that is need to restore
your premises to their original condition before the
damage happened. In all other cases, restoration is
your responsibility.
2.3 Allowing us entry to your premises
(A) We may require access to your premises from time
to time to offer support or to fix or replace Node Equipment.
If we do we will endeavour to arrange a mutually convenient
date and time in advance and provided that you are shown
appropriate identification, you agree to give us and
our employees, agents or contractors permission to enter
your premises.
(B) In case of emergency you agree to allow us access
to your premises to fix or repair Node Equipment as
soon as possible.
2.4 Maintenance and Matters Affecting the Service
(A) You agree to ensure that you do not do, or allow
anything to be done in your premises that may affect
Node Equipment thus affecting the quality of the service.
We will not be liable for any failure in the service
to the extent that the failure is caused by your failure
to comply with this agreement.
(B) The Service makes use of Frequencies that are unlicensed
and not exclusive to us and therefore the Service may
be subject to interference or interruption.
(C) In supplying the Service we will always use our
reasonable skill and care but we can not guarantee that
the service will always be fault free. If a fault occurs
you should send a message to our support group at support@wirelessbroadbandireland.com
. We will make every effort to fix the problem as soon
as possible
(D) We may have to :
(i) Change the technical specifications of the Service
for operational reasons.
(ii) Suspend or Interrupt the service due to an emergency,
for the purposes of repair, maintenance, improvement
or because of operational issues
(E) If it is necessary to for the service to be interrupted
or suspended we will give you as much notice as is reasonably
practicable and restore the service as is reasonably
practicable.
2.5 Node Host
(A) If we agree that you are to host an Node on your
premises, you accept that we may install the Node Equipment
externally onto your premises, and install an access
point hardware device in your roof space or an agreed
alternative location within your premises, such installations
to be in accordance with this Agreement and as we see
fit.
(B) The Node Equipment remains our property and we may
need to alter or renew it form time to time at our discretion.
In order to do this we need reasonable access to your
premises and will do so in accordance with paragraph
2.3.
(C) You agree:
(i) To not alter the position of the Node Equipment
(ii) To notify us immediately of any loss or damage
to any part of the Node Equipment by contacting us at
support@wirelessbroadbandireland.com.
(iii) To pay for any electricity consumed by the Node
Equipment.
(iv) To maintain a continuous supply of electricity
to the Node Equipment.
(v) To allow us to collect the Node Equipment on termination
or expiry of this agreement.
2.6 Security of the Service
(A) We will supply you with Customer Access Equipment.
We may also issue with a username and password. These
are essential for your secure use of the service so
you must ensure that they are kept secure and used in
accordance with all relevant instructions. We will never
ask you for your username and password, so never give
it to anyone.
(B) If we think there is likely to be a breach of security
or misuse of the service we may:
(i) Change your password and then we will notify you
that we have done this
(ii) Suspend access to the service by prohibiting access
from your Customer Access Equipment and/or username
and password.
(C) If you Customer Access Equipment is lost or stolen,
you need to contact us immediately at support@wirelessbroadbandireland.com.
(D) If you think that any username or password has become
known by someone not authorized to use it, or if any
password is being or is likely to be used in an unauthorized
way, you need to contact us immediately at support@wirelessbroadbandireland.com.
(E) We may at times need to upgrade the software we
have supplied you with to connect to the internet, you
must install it as soon as it arrives to ensure a smooth
connection period. We can not accept responsibility
for the disruption of any service to you by not installing
the latest software.
(F) If any of the information you give to us when you
sign up for the service changes, including any changes
to your payment details, you must inform us immediately
3 Use of the Service
(A) You must take all reasonable precautions to ensure
that no one (including you) uses the service:
(i) Fraudulently or in connection with a criminal offence;
(ii) To send, knowingly receive, upload, download or
use any material which is offensive, abusive, indecent,
defamatory, obscene or menacing, illegal, or in breach
of copyright, confidence, privacy or any other rights;
(iii) To cause annoyance, inconvenience or needless
anxiety to, or breach the rights of any other person;
(iv) To spam or to send or provide unsolicited advertising
or promotional material or, knowingly to receive responses
to any spam, unsolicited advertising or promotional
material sent or provided by any third party;
(v) In an unlawful manner, in contravention of any legislation,
laws, licence or third party rights or in contravention
of our Acceptable Use Policies;
(vi) In a way that does not comply with any instructions
that we have given you.
Such uses may result in Suspension of the Service under
the terms described in Paragraph 7.2
(B) If we think that your use of the service may:
(i) impair the security of the system and/or the network
used to provide the service;
(ii) cause detrimental performance of the service to
you or any other customer;
we may suspend your access to the service under the
terms described in Paragraph 7.2
(C) You agree to take responsibility for all liabilities,
claims and losses which are in any way connected with
your misuse of the service.
(D) Where we provide you with email facilities, web
hosting or other services that involve us providing
storage space on our systems, we may impose limits (which
we may vary from time to time) on the storage space
we provide to you in order to ensure the quality of
the service to you and other users. These limits may
relate to the physical amount of web-space or the number
of mailboxes made available to you, email messages that
can be stored and/or the size of any attachments you
can send. We may reject or delete material that exceeds
the relevant limit.
(E) 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.
(F) 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.
(G) You must use the correct information supplied to
you during registration
4 Other uses of the Service
(A) When we provide you with Content
(i) As part of the service we may provide you with applications,
data, information, video, graphics, sound, music, photographs,
software or any other material. This content is always
changing as we try to provide you with the best possible
service, and therefore you may notice changes in the
content that you can access.
(ii) The content we provide to you can only be used
for your own purposes and is protected by copyright,
trademark and other intellectual property rights. You
are not allowed to copy, store, adapt, modify, transmit,
distribute externally, play or show in public, broadcast
or publish any part of the content.
(iii) Although we take precautions, we cannot guarantee
the accuracy or completeness of the content. For this
reason, your use of the content (for whatever purpose)
is at your own risk.
(iv) Some of the content will have its own terms and
conditions. These may be displayed online or elsewhere.
If you access this content you will need to comply with
those terms and conditions. You should be aware that
any content provided on a subscription basis as part
of the service will cease when this contract ends.
(B) Your Web Site
(i) As part of the service you may be able to set up
your own web site(s). If you do this you are responsible
for the material that you or anyone else puts on your
web site(s). You must include your contact details (e.g.
email address) clearly on your web site(s).
(ii) Material on your web site(s) must not, and the
use of it must not, in any way be unlawful. In particular,
you must ensure that all necessary licence's and consents
(including those from owners of copyrights, performing
rights and any other relevant intellectual property
rights) have been obtained.
(C) Use of the Internet
(i) 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.
5 Customer Equipment (Does not apply to Node Equipment)
(A) We agree to sell and you agree to purchase the Customer
Access Equipment. Ownership of the Equipment as well
as the risk of damage to or loss will pass on to you
on installation of the Equipment, except that we remain
liable for damage or loss caused by our own act, or
omission or that our employees, agents or contractors.
(B) We do not manufacture the Customer Access Equipment
and, subject to the conditions set out in Paragraph
10, we sell the Equipment only with the benefit of such
manufacturers' warranties as we can obtain. During the
relevant warranty period (typically 12 months) our sole
liability for any fault in the Equipment will be to
replace or repair (at our option) the relevant component
of the Equipment. We will not be liable for any fault
in the Equipment that occurs at the end of the relevant
warranty period.
(C) You are responsible for ensuring that the Customer
Access Equipment is at all times safe and properly used
and in this regard you agree:
(i) To comply with the manufacturers' instructions and/or
any other instructions which we have supplied and/or
notified to you; and
(ii) To pay for all the electricity used in the connection
with the operation of the Equipment
6 Paying Our charges
(A) You agree to pay any incurred Charges together with
and any other taxes (at applicable rates from time to
time) which apply in relation to any Charges payable
under this agreement.
(B) We will charge a Set up Fee payable on installation
of your Service, and thereafter will charge the Service
Charge from the date the Service commences.
(C) You will be billed the Service Charge electronically
and you agree to pay each bill in full by Direct Debit
or Debit/Credit Card Monthly Payment set up during installation.
If your Bank, Building Society or Credit Card Company
is unable to make payment in any one month we contact
you.
(D) If you do not make your payments on time we may
charge daily interest at the Rate of 4% interest above
Alliance & Leicester Building Society's base rate.
Interest will continue to accrue even when if the Agreement
has been terminated, unless the termination is due to
a breach by us.
7 If Things Go Wrong
7.1 Termination
(A) We may terminate this Agreement with immediate effect:
(i) if you materially breach this Agreement;
(ii) if bankruptcy or insolvency proceedings are brought
against you, or an arrangement with creditors is made,
or a receiver or administrator is appointed over any
of your assets, or you go into liquidation;
(iii) if we suspect that the Service is being used in
a way described in the Paragraphs 3 and 4, even if you
don't know the Service is being used in such a way;
(iv) if we suspect that you may have committed or to
be committing any fraud against us;
(v) upon reasonable notice if you breach this contract
in any other way and fail to remedy the breach within
a reasonable period of being asked to do so;
(vi) if we have terminated your use of any service previously
provided to you due to your breach;
(vii) if we are required to do so to comply with an
order, instruction or request of the government, emergency
services, or any other competent administration or regulatory
authority.
(B) We may terminate this Agreement if you fail to comply
with any of its provisions, but in respect of a failure
which is capable of being remedied we will give you
seven (7) days to implement the remedy before we terminate
the Agreement.
(C) If you break this Agreement and we choose to overlook
it we can still terminate this Agreement if you break
it again.
7.2 Suspension of the Service
(A) In the event that:
(i) We are entitled to terminate this Agreement; or
(ii) We are required to do so to comply with an order,
instruction or request of the government, emergency
services, or any other competent administration or regulatory
authority,
We will suspend the Service immediately
(B) In the event that we need to carry out any maintenance,
repairs or improvements to the Node Equipment or Internet
Backhaul Equipment, we will suspend the Service in order
to carry out this work.
(C) If, as a result of a breach of this Agreement by
you, we decide to suspend the Service, we will give
you notice of this decision and we may make a charge
to reflect the costs incurred in connection and suspension
and/or recommencing the Service. Any such charge must
be paid before the Service will be recommenced.
(D) You will continue to be liable to play all Charges
which are payable for the Service during the period
of suspension and during any period in which you do
not comply with this Agreement.
(E) If we decide to suspend the service, we will restore
it (if neither of us have ended this contract) when
you satisfy us that you will only use the service as
we have agreed.
(F) If you do not use your email account for a period
of ninety (90) days or more, we may suspend your email
account without notice. In such circumstances we will:
(i) delete all emails in your email account;
(ii) reject all emails sent to your email account and
notify the sender that your email account is inactive;
(iii) cancel all email functionality provided to you
as part of the service.
We will restore your email account if you use it at
any time after suspension.
If we have suspended or terminated this contract under
paragraphs 7.1 or 7.2 above, we will inform you of such
suspension or termination as soon as reasonably possible
and explain why we have taken this action by contacting
you in writing at the address you have supplied to us.
8 Your right to Cancel
(A) You have the right to cancel this agreement by giving
written notice within 14 days from the date of installation
of the Service. Notice of cancellation must be sent
to support@wirelessbroadbandireland.com
or posted to Activeware 3 Bar View, Dundrum, Newcastle
Co. Down BT33 0ND
(B) You may terminate this Agreement on giving at least
1 month's notice, such notice to be effective no earlier
than the end of the Minimum Period (which is the first
12 months period from the Installation Date). You must
pay all Fees for the Service until the date on which
the termination notice expires. You will be entitled
to use the Service until you next payable Charge is
due.
(C) You may also terminate this Agreement at any time
on giving at least 1 month's notice if you move to a
new address to which it is not possible to provide the
Service on production of proof of your changed address.
(D) Either you or we may terminate this Agreement immediately,
on notice, if the other commits a material breach of
this Agreement and fails to remedy the breach within
30 days of a written notice to do so.
(E) If during the Minimum Period, we make significant
changes to the Service, you may terminate this Agreement
by giving us at 30 days notice in writing.
9 Matters beyond our Reasonable Control
Neither party will be liable to the other for any failure
to deliver the Service or for any breach by it of this
Agreement, where such failure or breach is due to a
reason outside the reasonable control of such party,
including, but not limited to: lightning, flood, exceptionally
severe weather, fire, explosion, war, industrial disputes,
government action or regulation or national or local
emergency. If such failure to deliver continues for
more than 3 months after the commencement of such failure,
then either party may terminate this Agreement on notice
in writing to the other party. See Paragraph 8(A) on
how to Cancel this Agreement.
10 Our Liability to You
(A) We will be liable if you are injured or die as a
result of our negligence. We do not limit that liability
by Paragraphs 10(B) or 10(C) or in any other way.
(B) 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 or data being lost
or corrupted
(C) Any liability that we have (including liability
for negligence) is limited to £250 for any event
for any event or related series of events and £1,000
or all events in any twelve (12) month period.
(D) We do not have any liability of any sort (including
liability for negligence) for the acts or omissions
of other providers of telecommunication services or
for faults in or failures of their networks and equipment
or for matters beyond our reasonable control.
11 Changing the Agreement
We may amend or vary the terms of this agreement, including
our charges, from time to time. We will give you at
least fourteen (14) days written notice to the email
address you have supplied us. However you have the right
to terminate this agreement if the changes are significant
as described in Paragraph 8(E)
12 Assignment
(A) This agreement is personal to you and therefore
it may not be assigned or transferred by you to any
other person without our prior written consent.
(B) For business reasons we can transfer all or part
of this agreement to any person, or company.
13 Personal Data
(A) In order to perform the Service you will need to
supply us with, and we will need to store, certain personal
details (such as your name and address).
(B) We will comply with our obligations under the Data
Protection Act 1998 and other any applicable data protection
legislation. You are also required to comply with all
data protection legislation.
(C) By registering for the Service you consent to our
using and/or disclosing your personal information for
the following purposes:
(i) processing your application which may involve disclosing
certain personal and account details to a bank for the
purposes of setting up a direct debit account;
(ii) providing or arranging for third parties to provide
Customer Care/Help Desk facilities and billing you for
the Service (which may involve disclosing your information
to third parties solely for those purposes);
(iii) to selected third parties such as agents or contractors
for the purposes of providing and operating the Service
and installing Customer Access Equipment.
14 Giving Notice
If either of us gives a notice to the other under this
contract this must be done either by email 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 email 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 email address provided to you
as part of the service.
You are responsible for updating your account details
to reflect your current contact details, and checking
for any mail sent to the email address provided by you
as a contact email address.
15 Third Party Rights
A person who is not a party to this Agreement has no
right under the Contracts (Rights of Third Parties)
Act 1999 to enforce any term of this Agreement but this
does not affect any right or remedy of a third party
which exists or is available apart from that Act.
16 Severability
Each provision of this whole Agreement operates separately
in itself and survives independently of the others
17 Waiver
If either of us fails to exercise or enforce any right
under this Agreement it shall not be deemed to be a
waiver of such right to bar the exercise or enforcement
of it or any other rights.
18 Fair Usage Policy
(A) Only one connection at any time will be allowed
per Internet account. If you have two or more separate
simultaneous connections, both connections will be disconnected
and an email explaining the reason for the disconnection
will be sent to the account holder for receipt upon
next connection.
(B) Every user is allocated a bandwidth threshold, this
is monitored by us. If you go over the bandwidth threshold,
you will not be disconnected from the Service. You will
simply be placed at the end of the serving queue. Our
technology allows us to implement this policy so that
everyone gets fair usage from the Service.
(C) We may from time to time inform you that you are
abusing the service and the Fair Usage Policy, as a
result of this your connection may be suspended, pending
an invesitgation.
(D) Fair Usage Bandwidth restrictions: As a result of
some users abusing the “Fair Usage Policy”,
we have imposed a bandwidth restriction on all accounts.
The restrictions are as follows:
If you subscribe to a
256Kb Connection (£10.00 per month) your bandwidth
restriction is set at 3Gb Per Month.
If you subscribe to a 512Kb Connection (£15.00
per month) your bandwidth restriction is set at 5Gb
Per Month.
If you go over your bandwidth
restriction for that month, your connection will be
temporarily disconnected automatically. Your connection
will then be reconnected at the start of the next month.
There may be a nominal reconnection fee levied.
* Remember the “Fair
Usage Policy”, is there to ensure every user gets
a fair usage of the system. ALL internet providers have
a “Fair Usage Policy”.
19 Law
Northern Ireland Law governs this contract and we both
agree to the exclusive jurisdiction of the Northern
Ireland courts
20 Definitions
In this agreement
“Agreement” means these Terms and Conditions,
and the Fair Usage Policy,
“Charges” means the charges to be paid by
you calculated in accordance with the fees and prices
set out on our Web Site.
“Customer Access Equipment” means the equipment
that you purchase from us to connect tot the service.
“Designated Service Area” means the area
where the Activeware Signal is available.
“Minimum Period” means the minimum period
you agree to use the service.
“Node Equipment” means the equipment that
we supply to you if you agree to host a node and typically
consists of a Mesh Box, cables, Antenna.
“Service” means the provision of High Speed
broadband internet access and email addresses.
“Service Charge” means the monthly fee that
you pay to use the service.
“Set Up Fee” means the initial charge to
cover installation and Customer Access Equipment.
“Website” means www.wirelessbroadbandireland.com
|
You
should read the Terms and Conditions carefully, but there
is nothing in here to restrict your fun or catch you out...