Terms.

RURAL BROADBAND (UK) LTD TERMS AND CONDITIONS


1. SERVICE

1.1 In this agreement “Service” means the provision of the RURAL BROADBAND (UK) LTD service that allows you access to the Internet by the use of a fibre optic connection to beam radio waves to a receiver (being the Equipment) installed on the Customer’s property (being the property RURAL BROADBAND (UK) LTD agree to be the original installation address). RURAL BROADBAND (UK) LTD agrees to provide the Service to the Customer and the Customer agrees to use the Service on the terms set out in this agreement.
1.2 The agreement is applicable to the rental of each of the Service and the Equipment.


2. DURATION

2.1 The agreement shall come into force on and with effect from the broadband activation date, being the date the Service has been connected after installation at the Customer’s property to the satisfaction of RURAL BROADBAND (UK) LTD.
2.2 There is an initial 24 month minimum contract on the rental of the Service and the rental of the Equipment (at the original installation address only, this agreement is not transferable to a new address).
2.3 There is a 24 month minimum contract applied to all Service rental agreements and Equipment rental agreements with the Customer, unless RURAL BROADBAND (UK) LTD indicate otherwise at any time.
2.4 In the event that any Equipment installed has been purchased by the Customer from RURAL BROADBAND (UK) LTD and is not subject to any Equipment rental agreement then you shall be entitled to terminate the Service rental agreement upon 30 days notice.


3. INSTALLATION

3.1 RURAL BROADBAND (UK) LTD shall arrange a time convenient for all installation work to take place and the Customer will make full access to the installation property available (both internally and and
externally) as required by RURAL BROADBAND (UK) LTD so that such installation can take place quickly and efficiently (this will include, where appropriate, the obtaining of all necessary consents, including
landlord, owner or occupier consents and all building regulation consents).
3.2 If sufficient installation work cannot take place due to any failure relating to the Customer, RURAL BROADBAND (UK) LTD may, in its absolute discretion, charge the Customer an additional fee of £200 for
such failure (in addition to any other claim for damages, loss or other liability that RURAL BROADBAND (UK) LTD may have).
3.3 RURAL BROADBAND (UK) LTD shall not be liable for any damage, loss or other liability whatsoever, howsoever arising, suffered by you or any third party as a result in whole or in part of late or incomplete installation and the Customer shall not terminate this agreement on any ground in whole or in part on the basis of late or incomplete delivery.


4. PAYMENT

4.1 Pricing of the Service and the Equipment shall be as stated within the RURAL BROADBAND (UK) LTD Broadband Order Form. All prices are inclusive of the current rate of Value Added Tax unless otherwise
stated and all prices are subject to change after the initial 24 month term, upon RURAL BROADBAND (UK) LTD giving not less than thirty days prior written notice to the Customer.
4.2 All sums due to RURAL BROADBAND (UK) LTD under this agreement shall be paid in full by the Customer without any off-set whatsoever.
4.3 The Customer shall be invoiced monthly by RURAL BROADBAND (UK) LTD for all charges under this agreement plus Value Added Tax. Payment is due within seven days of the invoice date. The time of payment of all sums due to RURAL BROADBAND (UK) LTD under this agreement shall be of the essence of this agreement. If payment in full is not received by RURAL BROADBAND (UK) LTD upon the due date, RURAL BROADBAND (UK) LTD (UK) LTD shall be entitled to levy a late payment charge at a rate of 4% above the base rate per month on any unpaid overdue balance.
4.4 All charges payable under this agreement shall be calculated by reference to date recorded or logged by RURAL BROADBAND (UK) LTD (UK) LTD and not by reference to date recorded or logged by the Customer.


5. USE OF THE SERVICE

5.1 The Customer undertakes to use the Service in accordance with such conditions as may be notified in writing to the Customer by RURAL BROADBAND (UK) LTD from time to time, but for the avoidance of
doubt, the Service is made available to the Customer on condition that:-
(a) the Service is not used for anything illegal, immoral or improper nor is it used to offend or create nuisance;
(b) the Customer follows promptly all instructions RURAL BROADBAND (UK) LTD give to the Customer ;
(c) neither the Service nor the Equipment are tampered with and maintenance of the Service and Equipment is undertaken by, or at the instruction of RURAL BROADBAND (UK) LTD only (but at the cost of the Customer);
(d) neither the Service nor the Equipment is used by the Customer or any third party to send or receive any material that is obscene, illegal, indecent, fraudulent or in breach of any legislation or rule of
law.
5.2 Should you exceed any data allowance relating to your subscribed package, RURAL BROADBAND (UK) LTD will automatically upgrade your package subscription to the package providing the Service that reflects your current usage.
5.3 RURAL BROADBAND (UK) LTD will continually monitor network traffic and performance and reduce the speed available to very high users (as determined from time to time by RURAL BROADBAND (UK) LTD in their absolute discretion) to ensure that the service received by other customers is not impacted through extremely heavy usage by a minority of people.
5.4 Fair Use Policy – RURAL BROADBAND (UK) LTD will apply a Fair Use Policy to all broadband packages. RURAL BROADBAND (UK) LTD will on request by a Customer, provide reasonable detail of such Fair Use
Policy as soon as reasonably practicable.
5.5 RURAL BROADBAND (UK) LTD reserve the right to apply speed restrictions at any time.
5.6 Customers who regularly exceed the limits of the Fair Use Policy will have their available speeds reduced.


6. PROVISION OF INFORMATION

6.1 The Customer undertakes to promptly provide RURAL BROADBAND (UK) LTD, free of charge, with all information and co-operation that RURAL BROADBAND (UK) LTD may reasonably require to enable it to proceed without interruption with the performance of its obligations under this agreement.


7. LIABILITY

7.1 Subject to the provisions of this Condition 7, RURAL BROADBAND (UK) LTD shall be liable for the damage to the property of the Customer caused by any negligent act or omission of RURAL BROADBAND (UK) LTD or its employees provided that such liability of RURAL BROADBAND (UK) LTD in contract, tort or otherwise, including any liability for negligence, howsoever arising out of or in connection with the performance of RURAL BROADBAND (UK) LTDâ__s obligations under this agreement shall be limited to £50 for any one incident or £100 for any series of incidents arising from a common cause in any twenty four month period.
7.2 Nothing in this agreement shall be construed as to limit or exclude any liability in respect of death or personal injury however, RURAL BROADBAND (UK) LTD shall not be liable to the Customer in contract, tort or otherwise, including any liability for negligence, for any loss of revenue, business, anticipated savings or profit, loss of goodwill, loss of data or of any indirect or consequential loss, however rising.
7.3 RURAL BROADBAND (UK) LTD makes no warranties express or implied relating to the fitness, purpose or quality of the Service and RURAL BROADBAND (UK) LTD shall not be responsible for any delay in or failure of the Service.
7.4 In the event of any failure in the Service, RURAL BROADBAND (UK) LTD shall not be liable to the Customer for any charges incurred by the Customer should the Customer use another means of connection to the internet.
7.5 The provisions of this Condition 7 shall continue to apply notwithstanding the termination of this agreement.


8. AVAILABILITY

8.1 RURAL BROADBAND (UK) LTD will use all reasonable endeavours to ensure that the Services are available for use by the Customer >99% of the time.
8.2 RURAL BROADBAND (UK) LTD will endeavour to notify customers by email in advance of any planned outages or maintenance with as much notice as possible.
8.3 The Customer agrees that RURAL BROADBAND (UK) LTD may at its sole discretion suspend, block, restrict, eliminate or terminate access to the Service at any time without prior notice and agrees that RURAL BROADBAND (UK) LTD shall not be liable for any temporary or permanent suspension, block, restriction, elimination or termination of access to the Service nor shall RURAL BROADBAND (UK) LTD be required to refund any fees for when the Service is suspended, blocked, restricted, eliminated or terminated.


9. TERMINATION

9.1 If the Customer wishes to cancel this agreement in whole or in part at any time, prior to connection or after the initial 24 month term, RURAL BROADBAND (UK) LTD require a 30 day period of notice in writing. If the customer cancels the contract within the initial 24 month period, the balance of payments (i.e. to the full 24 month period) shall be payable to RURAL BROADBAND (UK) LTD. The customerâ__s statutory rights are not affected by this clause. Customers are required to leave all direct debit instructions in place until the final invoice has been paid.
9.2 Without prejudice to their rights under the agreement RURAL BROADBAND (UK) LTD (UK) LTD and the Customer shall have the right to terminate this agreement forthwith in the event that:
9.2.1 the other party is in default in its performance or observance of any of its obligations under this agreement, and, in the case of a remediable breach, fails to remedy the breach within a reasonable time specified by the non-defaulting party in its written notice to do so: or
9.2.2 an interim order is applied for or made, or a voluntary arrangement approved, or if a petition for bankruptcy order is presented or a bankruptcy order is made against the other party, or if a receiver or trustee in bankruptcy is appointed of the other party’s estate or a voluntary arrangement is proposed or approved or an administration order is made, or a receiver or administrative receiver is appointed or any of the party’s assets or undertaking or a winding-up resolution or petition is passed or presented (otherwise than for the purposes of reconstruction or amalgamation) or if any circumstances arise hich entitle the court or creditor to appoint a receiver, administrative receiver or administrator to present a winding-up petition or made up a winding order.
9.3 Without prejudice to its other rights, RURAL BROADBAND (UK) LTD shall have the right forthwith to terminate this agreement by notice in writing to the Customer in the event that:
9.3.1 the Customer fails to make any payment when it becomes due to RURAL BROADBAND (UK) LTD; or
9.3.2 RURAL BROADBAND (UK) LTD’s licence expires or it is revoked; or
9.3.3 a licence under which the Customer has the right to run its telecommunications system and connect it to the RURAL BROADBAND (UK) LTD system is revoked, amended or otherwise ceases to be valid and is not immediately replaced by another valid licence.
9.4 In the event of termination by RURAL BROADBAND (UK) LTD under conditions 9.2.1; 9.2.2 or 9.3.1, RURAL BROADBAND (UK) LTD shall be entitled to recover from the Customer all costs, charges losses, expenses and liabilities incurred by RURAL BROADBAND (UK) LTD.


10. PRIVACY

10.1 RURAL BROADBAND (UK) LTD shall deal with all personal data relating to Customer which it acquires when entering into and performing this agreement in accordance with its Fair Use Policy.
10.2 RURAL BROADBAND (UK) LTD complies with the provisions of the Data Protection Act 1998
10.3 RURAL BROADBAND (UK) LTD currently is not obliged to record Customer communications (e.g. websites visited, emails sent/received) under Home Office directives or relevant legislation but may do so at its sole discretion without informing the Customer.


11. GENERAL

11.1 The agreement shall be governed by English Law.
11.2 This agreement may not be assigned in whole, or in part, by the Customer without the prior written consent of RURAL BROADBAND (UK) LTD, such consent not be reasonably withheld.
11.3 Any legal obligations derived from any agreements, arrangements or contracts, express or implied, shall terminate when RURAL BROADBAND (UK) LTD suspends, blocks, restricts, eliminates or terminates access to the Service, at RURAL BROADBAND (UK) LTD sole discretion.
11.4 This agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior undertakings and representations, whether written or oral and this agreement may only be modified if such modification is in writing and signed by RURAL BROADBAND (UK) LTD and the Customer.
11.5 Failure by either party to exercise or enforce any right conferred by this agreement shall not be deemed to be a waiver of any such right and not operate so as to bar the exercise or enforcement thereof, or of any other right on any later occasion.
11.6 Any notice, invoice or other document which may be given by either party under this agreement shall be deemed to have been given if left or sent by post, facsimile transmission or email to the address notified by the other party in writing as the address to which notices, invoices or other documents may be sent in the RURAL BROADBAND (UK) LTD order form.