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These terms and conditions apply to customers who registered with Tiscali from 05/01/05 until 01/05/07. If you registered before 05/01/05, you are subject to these
terms and conditions.
These terms and conditions set out how we (Tiscali UK Limited, a company registered in England and Wales under company number 0340817 and VAT registration number GB712563061 and whose registered office is at 20 Broadwick Street, London, W1F 8HT) will provide broadband internet access services (the "broadband service"), for private use only, to those people whose applications for such broadband service we accept ("you" or the "customer").
These terms and conditions are separate from any other contract, which you have entered into with us for other products or services and is only relevant to the broadband service.
1. The broadband service we provide to you
The broadband service gives you network access to the Internet, a range of Internet services and the applications as described at
www.tiscali.co.uk/products/broadband. Any specific terms, conditions, instructions or service limits relating to the broadband service package that you chose will be treated as part of these terms and conditions. The broadband service will be provided to you at the location we agree with you.
2. Duration of the contract between you and us
2.1 You can request to subscribe to the broadband service online, by using our installation CD-ROM, by telephone or by completing a paper application form and returning it to us. The contract between you and us will start once we have agreed to your request.
2.2 Your contract with us will continue for a minimum period of 12 calendar months from the date that we make the broadband service available to you. After this minimum period you will continue to receive the broadband service until either you or we end this contract in the way set out below (please see "Ending the broadband service"). We may also end your contract with us or suspend your use of the broadband service at end time if you do not keep your contract with us (please see "Your failure to keep this contract").
3. Our provision of the broadband service to you
3.1 We will use reasonable skill and care when we provide the broadband service to you.
3.2 Before we can agree to your request to subscribe to the broadband service:
3.2.1 we must confirm that you have an existing BT telephone landline at the location to which you have requested that we provide the broadband service. We will do this by carrying out a test on the telephone number that you have given to us on your registration form;
3.2.2 you must cancel any other broadband service supplied by another company through the BT telephone landline that you wish to use to receive our broadband service and your BT telephone landline at your location must be clear of your former supplier's broadband service;
3.2.3 you must have a suitable computer and compatible cables from your telephone socket to your modem and computer. The minimum specifications are set out at
www.tiscali.co.uk/help/broadband/setup-questions.html#faq2
3.2.4 if we believe it necessary, we will carry out a credit reference check against your name.
3.3 In certain limited circumstances, we may not be able to provide you with the broadband service for technical reasons. If this happens we will do our best to let you know promptly.
3.4 Once we confirm our agreement to your request to subscribe to the broadband service, we will arrange for you to start to receive the broadband service by a provisional date that we will notify to you. We will use reasonable efforts to meet this date but do not guarantee this. We will use reasonable endeavours to contact you if there is a delay.
3.5 If you move home or change the telephone number of the BT telephone landline to which you connect to the broadband service you must tell us immediately. You may still be able to continue to receive the broadband service, however we may charge you an additional fee for doing this. We will tell you what the amount of this fee is prior to charging you. Please note, that if you move home or change your telephone number, your contract with us for the broadband service will continue until it is ended in the way set out below (please see "Ending the broadband service").
3.6 With the intention of ensuring the network performs consistently in all locations across the Tiscali network and at all times of the day, Tiscali reserves the right to manage internet applications as they see fit. This may include, but is not limited to, prioritising web traffic and email over file sharing activities during times of high congestion.
4. Software that we provide to you
Where we provide software to you to enable you to use the broadband service on a CD or where you download the software from the Internet, we agree to your use of the software on the basis that you use it solely for the purpose of receiving the broadband service and you must not make additional copies or modify our software in any way without our permission. We may from time to time offer you updates to the software that we provide to you. You are solely responsible for the installation of any such updates.
5. Limitations on our broadband service
5.1 We will endeavour to provide the broadband service to you at the speed you have requested, however we cannot always guarantee this and the speed of your connection and download times may be slower if our network or the internet is congested.
5.2 The broadband service is intended for residential use only and not for business purposes.
5.3 We may suspend the broadband service from time to time without notice to you where it is necessary for us to do so for operational reasons such as repair, maintenance, improvement or emergency. We will restore the broadband service to you as soon as possible.
6. Our support to you
6.1 We cannot guarantee to provide you with a fault free service, however we will provide you with support for the broadband service and any modem that we have supplied to you.
6.2 If a fault does occur, you can report the fault by telephone, email or in writing to Tiscali Support Services (
www.tiscali.co.uk/aboutus/contact/support_broadband). You are responsible for all call charges that you incur whilst making calls to Tiscali Support Services. Once you have reported a fault to us, we will do our best to resolve the fault as quickly and efficiently as we are able in the circumstances.
6.3 Where there is a fault which affects our customers as a whole or where the broadband service becomes generally unavailable we will tell you by up dating the service status message on our website (
www.tiscali.co.uk/cgi-bin/status.cgi) as soon as we are able.
6.4 We are not responsible to you and do not provide support for computer equipment, software and cables that we did not supply to you. We will not reimburse you for the costs of any support that you obtain from elsewhere.
7. Our charges and paying for the broadband service
7.1 You agree to pay to us the appropriate charges for your use of the broadband service including any set up fees that may apply at the time you subscribe. Our current charges set out at
www.tiscali.co.uk/products/broadband.
7.2 We accept payment by credit card, visa debit card or direct debit.
7.3 We will collect the first payment from you through your chosen method of payment shortly after the date on which the broadband service is made available to you. We will then collect payment on a monthly basis.
7.4 If you cancel or change the credit card or visa debit card which you use to pay us, you must tell us immediately and provide us with an alternative method of payment acceptable to us.
7.5 If you choose to pay by direct debit, if we make an error in our charges to you, under the direct debit scheme you are entitled to an immediate refund from your bank or building society. You may cancel a direct debit instruction at any time by writing to your bank or building society. If you do cancel your direct debit that you use to pay us, you must tell us immediately and provide us with an alternative method of payment acceptable to us.
7.6 If you fail to pay us on time we may charge you interest on overdue amount at the rate of 4% a year above the base rate for Barclay's Bank Plc from the date that money became due to us until the date on which you make payment to us.
8. How you use the broadband service
8.1 You agree not to sell on the broadband service to any other person.
8.2 You may not transfer your broadband service to another person, for example, to a continuing housemate after you have moved home or to a former partner.
8.3 You must comply with our acceptable use policy both in letter and spirit. You must also take reasonable steps to ensure that other persons using the broadband service that we provide to you also comply with this policy. Our acceptable use policy is available at
www.tiscali.co.uk/aboutus/aup.html and you are responsible for checking for any updates that we make to it.
8.4 Tiscali operates a
fair usage policy to protect the quality of service to its customers. If we believe your use of the broadband service is adversely affecting our network (or any part of it) or our other customers we reserve the right to manage or regulate your usage in accordance with the fair usage policy.
8.5 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse use of the broadband service either by yourself or by someone you have knowingly allowed to use the broadband service we provide to you.
9. Your web sites
9.1 As part of the broadband service we provide to you, you may set up your own web site(s). You will be able to select a web site name. For example, http:myweb.tiscali.co.uk/yourname. You will be responsible for any material that you or anyone else places on your web site(s).
9.2 You must ensure that you are the owner of, or that you are authorised by the owner of, any trade mark or name that you wish to use as part of your web site address. We may reject or remove names that we believe may infringe someone else's trade mark. In addition we may reject or remove names that we believe are offensive.
9.3 Your web site must not include any material that is unlawful or is likely to cause offence, anxiety or harm to others or in a way that is inconsistent with the letter and spirit of our acceptable use policy. In particular you must ensure you have the correct permissions in place to use any material that is subject to copyright. Common examples of material subject to copyright are music, sound clips, video clips, pictures and downloadable software.
9.4 If we receive a complaint about your web site (or any part of it) we may suspend the entire web site (or any part of it) without notifying you beforehand. We may then ask you to obtain the complaining party's written consent prior to reinstating your web site. We may also require you to provide us with written assurance as regards further material to be displayed on your web site. If we believe that the material on your web site is sufficiently harmful, unlawful or offensive, is illegal or we receive further complaints about your web site after we have already issued you with a warning, we may either again suspend your web site indefinitely or end the contract between us immediately without further notice to you.
9.5 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses that we incur as a direct result of the misuse of your web site either by yourself or by someone you have knowingly allowed to place material on to your web site.
10. Content on our portal and browsing the Internet
10.1 As part of the broadband service we provide various content on our own website located at www.tiscali.co.uk. The content may include programs, data, information, graphics, music and video. We will update and change the content on a regular basis.
10.2 The content we provide on our web site may be protected by copyright laws, trademarks and other intellectual property rights. You must not misuse the content and in particular you must never copy, store, adapt, modify, transmit, distribute externally, publish, broadcast any part of the content without the express written permission of the owner of those rights.
10.3 There may be additional terms and conditions which you will need to agree to in order to receive certain content on our web site or to purchase certain goods and services. These may be our own or those of third parties and will not affect this contract.
10.4 We are not responsible to you where you make purchases from third parties either through our own web site or on the Internet.
10.5 Your use of the Internet it is at your own risk and is subject to any applicable laws and regulations.
11. Other services we provide to you
From time to time, we may provide you with additional services to compliment your broadband service such as videomail, securemail and sms. These services will be provided to you under a different contract and will not affect this contract unless expressly stated.
12. Security, usernames and passwords
12.1 We will provide you with a set of usernames and passwords. Where possible we will give you the username and password of your choice, however your username must not mislead, infringe on others rights, cause distress, be obscene or indicate a connection to another person, company or organisation that has not been authorised.
12.2 You must ensure that your usernames and passwords are kept confidential and are only used by you and persons you wish to use the broadband service. You must tell us immediately if you know or suspect that your username or password has been compromised.
12.3 If we believe that there has been or is likely to be a breach of username or password security we may (at our sole discretion):
12.3.1 suspend your username(s) and passwords; and
12.3.2 ask you to change any or all of the passwords you use in connection with the broadband service.
12.4 You must tell us immediately of any subsequent changes to the information you supply to us when you registered for the broadband service.
12.5 You accept and acknowledge that the broadband service, as with other Internet applications, is not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the broadband service or your computer. It is your responsibility to protect your computer from computer viruses by installing and updating adequate anti-virus software.
13. Your personal information and privacy
13.1 We will comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any other applicable data protection legislation in relation to the handling of your personal data.
13.2 You agree to comply with the Tiscali privacy policy which is located at
www.tiscali.co.uk/aboutus/policy.html and you consent to our using and/or disclosing your personal information for the following purposes:
13.2.1 processing your request for the broadband service, which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a direct debit account;
13.2.2 providing, or arranging for third parties to provide, help desk facilities which may be available to you;
13.2.3 billing and credit control purposes; and/or
13.2.4 as required by law.
13.3 Where we have obtained the appropriate consents from you we may also use your data for marketing purposes. This may include providing your data to carefully selected third parties.
14. Our liability to you
14.1 We will be liable if you are injured or die as a result of our negligence. We do not limit our liability, or any liability we may have to you under Part 1 of the Consumer Protection Act 1987.
14.2 We shall not be liable to you under or in connection with this contract:
14.2.1 for any loss that we could not have reasonably been expected to foresee at the start of the contract even if you had previously made us aware of these special circumstances;
14.2.2 for any loss of business, contracts, profits, anticipated savings, goodwill, or revenue; and/or
14.2.3 any loss or corruption of data.
14.3 Our total aggregate liability to you in connection with this contract however it arises shall not exceed £350 in any year of the contract for any one event or series of events.
15. If you have a complaint or dispute with us
15.1 We will do out best to resolve any disputes between with you and us. We will deal with all disputes and complaints in accordance with our code of conduct (
www.tiscali.co.uk/aboutus).
15.2 If you are not satisfied with the way we have dealt with your complaint after you have exhausted our escalations process set out in the code of conduct or the resolution of the dispute, you can refer the matter to the independent ombudsman scheme that we are part of. Details of the independent ombudsman can be found within the code of conduct. The ombudsman will review the matter fully and we agree to be bound by the ombudsman's final decision.
16. Your failure to keep this contract
16.1 We can suspend the broadband service or end this contract (or both) at any time, with immediate effect and without notice:
16.1.1 if you fail to pay the sums due for the broadband service within 30 days after we have written to you to tell you that your payment is overdue;
16.1.2 if you break any material term or condition of this contract;
16.1.3 if you break our acceptable use policy (
www.tiscali.co.uk/aboutus/aup) or privacy policy (
www.tiscali.co.uk/aboutus/policy) even if you are not aware that you have done so; or
16.1.4 if we are directed by any competent authority to stop the providing the broadband service.
16.2 If we suspend your contract you will continue to be responsible to us for the charges.
17. Ending the broadband service
17.1 You may give us notice by telephone to cancel within first 14 days of the date of your registration with us provided your broadband service has not been activated (please see "Contacting us"). If you cancel in this way, this contract shall be treated as null and void and you will be refunded the charges within 30 days. This is consistent with your rights under the Distance Selling Regulations 2000.
17.2 You may end your contract with us:
17.2.1 by giving us at least 1 month's notice to us by telephone (please see "Contacting us"). You may not end this contract during the initial 12 months of your contract with us although you may provide us with notice by telephone of your intent to do so. You must pay all charges for the broadband service until the date on which your contract actually ends; or
17.2.2 at anytime if you move to a new address to which we cannot provide the broadband service. In such case you must contact us in advance by telephone (please see "Contacting us") and produce written proof of your new address;
17.2.3 at anytime if we break a material term of this contract and we fail to remedy it within 28 days of a written notice from you; or
17.2.4 at anytime if we suspend your use of the broadband service under this contract and such suspension has continued for more than 28 days.
17.3 We may end your contract with us for any reason and at any time (including during the initial 12 months) by providing you with no less than 30 days' notice.
18. Contacting us
Written notices given under this contract may only be delivered by post or e-mail to the following addresses:
(a) to us at the relevant address given on our contacts page located at
www.tiscali.co.uk/aboutus/contact; and
(b) to you at the relevant postal or email address provided as part of the details which you submit during the registration process or any alternative address that you provide to Tiscali via the 'My Account' pages.
Telephone notices given under this contract must be made to the following numbers 0845 077 4488.
19. Events outside of the our reasonable control
We will not be liable to you for any failure to deliver the broadband service or for any breach of contract, where the failure or breach is due to a reason outside of our reasonable control.
20. Changes to this contract
We may change these terms and conditions (including the charges) at any time by providing you with notice of the changes at least 14 days before the change takes effect at which time you may terminate this contract if the change materially and detrimentally affects your use of the broadband service. If you decide to use the broadband service after receiving an updated version of these terms and conditions, you will be bound by the updated version.
21. Other
21.1 This contract represents the entire understanding between you or usin relation to its subject matter and supersedes all agreements and representations made by you or us, whether oral or written.
21.2 This contract does not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
21.3 You cannot assign or transfer any of your rights or obligations under this contract.
21.4 Neither of us shall be considered to have waived any right under this contract due to failure or delay in exercising that right.
21.5 If any part, term or provision of this contract is found to be illegal or unenforceable by the court the validity and/or enforceability of the remainder of this contract will not be affected.
21.6 This contract between you and us will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the non-exclusive jurisdiction of the English Courts.
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