Terms and Conditions
Rev 6-23/12/2005
1. The service
1.1 The service provides you with high-speed access to the Internet - a range of Internet services and applications as described at http://www.crosby.co.uk - provided to you at the premises specified during the order process (your premises). The quoted speeds for each product refer to the maximum available download bandwidth. Upload bandwidth for all products may vary up to a maximum of 256Kbps.
2. When the contract begins
2.1 You can sign up for the service online at http://www.crosby.co.uk (Crosby Partners should use the Crosby Partner Programme Ordering system). When you have done this, the contract (as described by these terms and conditions and those held at http://www.crosby.co.uk begins.
3. How to start
3.1 We need to do the following before we can be certain that we can provide you with the service: (a) successfully complete a line test and survey; and (b) successfully activate the service. If it is not possible to provide the service because one of the above can not be completed successfully, we will notify you as soon as possible.
3.2 If any equipment needs to be installed at your premises, we may give you some advice on this preparation. You will need to provide a suitable location for any equipment purchased from Crosby, or which you supply yourself, as well as the items listed at http://www.crosby.co.uk
3.3 When service is being activated at your premises, the normal expectation is that you may lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be adjusted to allow you to access the service. We will endeavour to make any loss of telephone service as brief as possible.
3.4 We will use all reasonable efforts to activate the service by the date agreed with you, however it should be noted that all dates are estimates and we can not guarantee that they will be met.
4. Equipment
4.1 To ensure that the service remains safe and secure, any equipment connected to, or used with, the service must bear the European Consumer Equipment Standards "CE" mark and be used in compliance with all relevant instructions and safety and security procedures.
4.2 Title in any equipment we install or provide to you remains with us unless you have paid us for any such equipment, in which case title passes to you upon our receipt of such payment.
5. Access to your premises
5.1 From time to time we (or our agents) may require access to your premises (for example, for repairs, maintenance or upgrades). If access is required, we will provide advance notice and, so long as appropriate identification is shown, you agree to allow us access. We will meet your reasonable requirements, and you must meet ours, concerning the safety of people on your premises.
6. Ensuring that the service is secure
6.1 We will provide you with a set of usernames and passwords. These are vital for your secure use of the service, so you must make sure that they are kept confidential, secure, and are used in accordance with all relevant instructions.
6.2 To ensure that the service remains secure, you must not change or attempt to change a username.
6.3 If we consider that there is likely to be a breach of security, or misuse of the service, we may:
(a) change your password and then notify you that we have done this; and/or
(b) suspend your username and password access to the service (please also refer to paragraph 14)
6.4 If you suspect that any username or password has become known to someone not authorised to use it, or if any password is being used, or is likely to be used, in an unauthorised way, you should contact us immediately.
6.5 If any of the information that you provide when signing up for the service, including any changes to your payment details, is changed at a later date, you must inform us immediately.
7. Other things we may have to do
7.1 We may need to temporarily suspend the service for operational reasons (e.g. for planned maintenance, repairs or upgrades), in which case we will give you as much advance notice as possible. We guarantee to restore the service as soon as possible after any suspension.
7.2 We may need to alter code or access details or technical specifications associated with the service for operational reasons. Where we need to inform you about this, we will give you as much notice as is reasonably possible.
7.3 We may provide you with instructions about health and safety issues when using the service, or about your use of the service, to ensure the quality of the service we provide to you and other customers and you agree to observe them.
8. Repairing service faults
8.1 Although we attempt to provide you with the best possible service ADSL and SDSL are not a non-guaranteed service, we cannot guarantee that the service will never be faulty. ADSL and SDSL is a contended service and so bandwidth, ping time and latency can not be guaranteed in any way and can be occasionally be subject to faults. However, we will correct all reported faults as soon as we reasonably can.
9. Charges
9.1 You must pay the charges for any equipment you purchase from us and the service as set out in our price list located at http://www.crosby.co.uk This price list is part of this contract.
9.2 When you register for the service, we will ask you to select a payment method and payment frequency. Our activation charge and initial ongoing payment charge will be taken in advance of activation. Ongoing charges are also paid for in advance and will be dated from the date the service is activated and available for you to use. We will advise you of the date the service will be activated.
9.3 We reserve the right to raise an 'Abortive Visit Charge' of £50 plus VAT in the following cases:(a) When entry to your premises is refused, or no access can be gained, at the appointed time as agreed between you and ourselves;(b) When you report a fault, and an engineer visits your premises, and discovers the fault is not a result of the Crosby service.
9.4 Your normal BT call charges and line rental are not included in your ADSL/SDSL contract and are not charged for by Crosby Internet.
10. Service use
10.1 You must take all reasonable precautions to ensure that nobody (including you) makes use of the service:
(a) fraudulently or in connection with a criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) 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;
(e) in any way which, in our opinion, is or is likely to be detrimental to the provision of the service to you or any of our customers;
(f) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights, or in contravention of our Acceptable Use Policies located at http://www.crosby.co.uk as may be amended from time to time; or
(g) in a way that does not comply with any instructions provided to you; The action we can take if the service is used in any of these ways is explained in paragraphs 13 and 14.
10.2 We may make software available to you that enables you to use the service. This software must not be copied or modified by you or anyone else unless allowed by law. It is important that you access the service only via use of this software, or in an alternative way permitted by us, and you must not attempt to circumvent any security measures inherent in the service.
10.3 The service we supply you, and any associated software, is intended for your use only. Therefore, the service (or any part of it) or the associated software, must not be re-sold, transferred, assigned or sub-licensed to anyone else.10.4 The service we supply you is not transferable between location and/or telecommunications
line.11. Your Web space
11.1 As part of the service, you are provided with Web space to enable to upload 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). Your contact details (e.g. e-mail address) must be clearly visible on your Web site(s).
11.2 Any material on your Web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must make sure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
12. Your Internet use
12.1 The service enables 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 which you may obtain when using the Internet.
13. If you breach this contract
13.1 We can suspend the service or end this contract (or both) at any time: (a) with immediate effect if you materially breach this contract; (b) with immediate effect if we believe that the service is being used in a way as described in paragraph 10.1, even if you do not know that the service is being used in such a way; (c) 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; or (d) with immediate effect 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.
13.2 If we have suspended or terminated this contract under paragraphs 13.1 (a), (b) or (d), we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.
14. Suspension of the service
14.1 If we choose to suspend the service or a password or username for any reason, we will restore it (if neither of us have ended this contract) when you satisfy us that you will use the service only as we have agreed.
14.2 If we choose to suspend the service under paragraph 14, this contract will continue during the period of suspension and you will be required to pay all relevant charges.
15. Matters beyond our reasonable control
15.1 If we can not do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
16. Our liability to you
16.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 16.2 or 16.3, or in any other way.
16.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure, or data being lost or corrupted.
16.3 Any liability we have of any sort (including liability for negligence) is limited to £500,000 for any event or related series of events and £1,000,000 for all events in any 12 month period.
16.4 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.
16.5 We do not have any liability of any sort (including liability for negligence) for changes made by you or your telecommunications provider which result in the cessation of your telephone line and therefore this service. In the event that you cancel or change ownership of your BT telephone line, your ADSL/SDSL service will be terminated and any remaining charges for your ADSL contract will become due immediately this includes, but is not limited to a renumber, change of tariff, billing address.
16.6 We do not have any liability to offer refunds, goodwill gestures, or other compensation related to service performance.
16.7 Each provision of this paragraph 16 operates separately in itself and survives independently of the others.
17. Terminating this contract
17.1 Prior to service activation
17.1.1 You may end this contract at any time before the service is activated and available for you to use, but: (a) A cancellation charge of £50 plus VAT applies for orders which have been processed and sent to BT and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.(b) if the service has already been activated at your premises by us, you must pay our activation charge listed at http://www.crosby.co.uk; and (c) equipment purchased or provided by us to enable you to receive the service must be returned at our request in accordance with instructions at http://www.crosby.co.uk the pre-paid postage jiffy bag that we send you. Upon receipt, we will refund you for any payment received from you for such equipment (where applicable).17.1.2 Once the service has been activated and is available for you to use, you may only end this contract as set out in paragraph 17.2, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.
17.2 Post service activation
17.2.1 This contract can be ended by either of us giving 14 days notice to the other.
17.2.2 If you give us notice that ends, or we end this contract under paragraph 14, during the first 12 months from the date that the service is activated and available for you to use, you must pay all charges payable for any remaining period of that 12 months.
17.2.3 If you have paid any charges for a period after the end of this contract beyond the 12 months referred to in paragraph
17.2.2, we will either repay these charges or put them towards any money you owe us.
17.2.4 If we or BT deem that your telecommunications line is not capable of supporting an ADSL/SDSL service we reserve the right to terminate your ADSL service immediately without notice and issue a refund for any services not provided.
18. Changing this contract
18.1 This contract may be changed by us, including our charges, at any time. We will notify you of any changes at least 14 days prior to them taking effect.
19. Contract Transfer
19.1 Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
20. Giving Notice
20.1 If either of us gives a notice to the other under this contract, this must be done either by e-mail using the service, or in writing and sent by pre-paid post to the addressee at the following address: (a) To us: at Accounts Department, 25A Cemetery Road, Birkdale, Southport PR8 6RH, or via e-mail to accounts@crosby.co.uk, or to an alternative address which we may give you. (b) To you: at the postal address you specify when registering for the service or an alternative address which you may give us, or at the e-mail address provided to you as part of the service.
20.2 You are responsible for checking the mail sent to the e-mail address provided to you as part of the service.
21. Waiver
21.1 Neither party shall be considered to have waived its rights under this contract because of failure or delay to exercise any such right.
22. Third party rights
22.1 A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
23. The law that relates to this contract
23.1 This contract is governed by English Law and we both agree to the exclusive jurisdiction of the English courts.
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