Business Broadband

Transcription

Special termsBusiness BroadbandVersion 8This document tells you about our business broadband service. These special terms, along with ourstandard terms and conditions, explain exactly how we’ll work with you. We’ve done our best to covereverything, but if there’s anything you’d like to check, just call our Customer Services team on 0800 0520800.1.1.11.2Definitions andInterpreting thisdocumentIn these special terms, words and termsmean the same as they do in ourstandard terms and conditions unlessthese special terms give a differentmeaning.Where the f ollowing words are printed inbold in these special terms, they havethe meanings set out below.acceptable use policy is the documentwhich sets out the rules for using theservice.BT means British Telecommunicationsplc.BTW FTTP (Fibre To The Premise)means a circuit using a f ibre optic cablestraight into a site.BTW SOGEA (Single Order GenericEthernet Access) means a circuit basedon copper technologies.BTW ADSL (asymmetric digitalsubscriber line) means a circuit based oncopper technologiesCircuit means the physical connectionover which the Business BroadbandService is, including the PurchasedEquipment, cabling, wiring and personalcomputers and any software incorporatedin them.communication service means anyservice offering communication facilitiesdesigned to allow people to communicatewith others, including by email andthrough forums and online communities.CPE (customer premises equipment)means the equipment you buy from usf or you to use with the service. Virgin Media Businessdomain name means the domain nameor names set out on the order form orany other domain name you and weagree in writing.initial start date means the servicestart date of the first service (or part ofthat service) to be installed under aparticular order form.internet service means our internetservice forming part of the service fromtime to time.internet software means our softwaresupplied to you in connection with theinternet service.LAN means the local area network,which is a wired ethernet network on yourside of the NTE.linked sites mean third party websitesthat can be visited from links on ourwebsite.NTE (network terminating equipment)means the service equipment orpurchased equipment that connects toour communications network andallows you to connect your internetprotocol devices (such as switches,personal computers and printers) to ourcommunications network.offending material means materialwhich:(a) is inaccurate, indecent, abusive,obscene, menacing or otherwiseof fensive, or which could damage aperson’s or organisation’s goodreputation;(b) breaks a confidence, copyright orother intellectual property right,privacy or any other right of any thirdparty;(c) breaks any law ( including theComputer Misuse Act 1990) or theacceptable use policy; or

Special terms(d) could harm our communicationsnetwork or any other third party’ssystem, including materialcontaining a virus.on-net service is where we provide youdirectly with phone or broadbandservices (or both) using ourcommunications network.off-net service is where broadbandservices are provided indirectly via BTbroadband services by either BTWSOGEA or BTW FTTP access.2.2.1Unless you and we agree otherwise inwriting you must not have more than oneitem of CPE connected at a site for usewith the internet service. You mustmake sure that the CPE is alwaysswitched on.2.2The Business Broadband service may beprovided through:ONT means an optical networktermination installed to terminate theBTW FTTP path as the premise1.3Connection of theInternet Service2.2.1a modem; or2.2.2a NTE device.portal means the f irst website you reachwhen using the internet service.The on-net service is connected bycoaxial cable to our communicationsnetwork.RIPE NCC means Réseaux IPEuropéens, which is an organisation thatsupports the infrastructure of the internet.The off-net service of BTW SOGEA orFTTP which is connected to ourcommunications network indirectly via BTsupplemental terms means any extraterms and conditions (other than thesespecial terms and our standard termsand conditions) that apply to us providinga particular website contained in ourwebsite.On the cable modem or cable gatewayNTE device, the network terminationpoint (the point beyond which we willhave no liability for the equipment) is thecommunications port to the LAN orWLAN. This will be an RJ45, ethernet orcommunications port, or an IEEE802.11wireless access port.Clause 1.9 of our standard terms andconditions does not apply to the service.If there are any inconsistencies betweenthe documents making up theagreement unless we state otherwisethe documents will take priority in thef ollowing order.1.3.1Any supplemental terms1.3.2The special terms1.3.3The acceptable use policy1.3.4Our standard terms andconditions1.3.5The order form1.3.6The price guide Virgin Media BusinessOn the off-net service modem or off-netservice gateway NTE device, thenetwork termination point is thecommunications port to the LAN orWLAN. This will be an RJ45, ethernet orcommunications port, or an IEEE802.11wireless access port.2.3You are responsible for configuring yourLAN or WLAN and your apparatusunless we have agreed to provide thepremium install service.2.4You will always be responsible formaintaining your LAN or WLAN.2.5If we provide the premium installservice, the f ollowing will apply.2.5.1At the time of the installation,we will not supply anyservices other than those setout on the order form.2.5.2We will only connect andconf igure devices that meetthe requirements set out inour service literature. We donot guarantee that your

Special termsapparatus can be connectedand configured to work withthe equipment.2.5.32.5.43.When connecting yourdevices, we will create newwired or wireless networks.We will not connect to, orextend, any existing network.You must give us all theaccess and information weneed f or the installation,including necessarypasswords and administratoraccess to your apparatus. Ifyou do not provide this accessor inf ormation when we needit, this may result in us notbeing able to complete theinstallation. In this case wewill be entitled to charge youthe f ull charges for thepremium install service andan extra f ee f or any furthersite visits that may be neededto complete the installation.network adapters ifnecessary.3.2If you are adding the service to your ownlocal network, you must first make anynecessary checks with your networkadministrator.3.3You are responsible for getting allcomputers and other equipment orservices necessary to use the serviceproperly.3.4If you have bought equipment from us,we will replace it if it becomes faulty(unless this is due to your default ormisuse) within 12 months of the date youbought it. We have no other responsibilityf or maintaining purchased equipment.4.4.1It is technically impractical to provide theservice f ree of faults, and we do notguarantee to do so. If there is a fault inthe service, you should report it byphoning the customer support numberset out in the service literature or anyother number we specify from time totime. We will then use our reasonableef f orts to explain how you can correct thef ault yourself, or to repair the fault in linewith the service literature.4.2We do not guarantee that the service willnot be interrupted or that any messagesor inf ormation transmitted through theservice will be transmitted accurately,reliably or in time.4.3In relation to the BTW SOGEA, andBTW FTTP services, you accept thef ollowing:Your apparatus forthe Internet ServiceThe f ollowing apply in addition to theprovisions relating to your apparatus inour standard terms and conditions.3.1You agree that before you connect to theservice, you will do the following.3.1.13.1.2 Virgin Media BusinessMake sure that the devicesyou are going to connect tothe equipment have operatingsystems and softwaresupported by the originalsupplier, and have allrecommended securitypatches and protection, suchas antivirus. We are not liablef or any damage caused byyou f ailing to secure yournetwork and systems whenconnecting to ourcommunications network orequipment.Make sure your devices havea suitable network connectorand install network interfacecards (NICs) or wirelessProviding theservice4.3.1if an access rate (speed) ofthe internet service (or partof it) is specified on the orderform, you accept that theactual bust rate may bereduced:4.3.2by conflicts within our networkand in other internet networks.4.3.3by rate adaptation of themodem; or4.3.4because of the technical limitsof the BT line used to supplythe internet service.

Special terms4.3.5Where the circuit to beprovided is BTW SOGEA andBTW FTTP, the f ollowingapplies:4.3.6Installation of the BusinessBroadband service will becarried out by a third partyprovider4.3.7You will be required to makean appointment in order forthe Third Party to carry outthe installation andconf iguration, which shall bemade on a working day at atime agreed between Us andYou4.3.84.44.5At the agreed time of theappointment, the customerwill provide third partyengineer access to the site.You accept that burst rates depend onthe specific way you access the internetservice. You accept that your connectionto the internet may automatically time outif you have not used it for a long time.You will then need to reconnect to theinternet.The perf ormance of somemetallic local loops will meanthat it is not technicallypossible or practical toprovide the BTW SOGEA orBTW FTTP services to you.4.5.2The BTW SOGEA or BTWFTTP cannot be provided toyou if you already receivesome services from anothercommunications provider. Wewill use our reasonable effortsto let you know if any serviceyou receive from anothercommunications providermeans that we cannot providethe BTW SOGEA or BTWFTTP service4.5.3 Virgin Media BusinessThe BTW SOGEA or BTWFTTP may affect theperf ormance or speed of othertelecommunications and otherequipment at the site.Some technical limitationswithin a third-party operators’network may not bediscovered until sometimeaf ter installation, in whichcase we may need towithdraw the BTW SOGEA orBTW FTTP service.4.5.5Burst rates may be reducedas explained in clause 4.3.We will not be liable to you for any ofthese technical limits.You also accept that there may be othertechnical limits. We will use ourreasonable efforts to keep you informedof any technical limits to the xDSLservice.4.6You accept that technical limits mayhinder the installation and activation ofthe BTW SOGEA or BTW FTTPservices and that having BT NTEdevices at the site does not guaranteethat the BTW SOGEA or BTW FTTP canbe successfully activated, and we will notbe liable for this.4.7We can cancel the BTW SOGEA orBTW FTTP service if, after we placed anorder f or you with BT, you and we cannotagree to an installation or activation datewithin 30 days of the date BT acceptedthe order. You must indemnify us for allcosts (including any third-party operator’scancellation charges) arising as a resultof the cancellation. Clause 15.4 of ourstandard terms and conditions will notapply to the indemnity in this clause 4.7.4.8If there is a f ault in the BTW SOGEA orBTW FTTP service you must report thisto us, not BT, in line with any servicelevel agreement. If a f ault is not due tothe BTW SOGEA or BTW FTTP or wehave not been able to diagnose itremotely, because you have not met therequirements of clause 6.6 of ourstandard terms and conditions, you mustpay our charges for investigating thef ault.In relation to the BTW SOGEA, BTWFTTP service, You accept the followingtechnical limits relating to the service.4.5.14.5.4For the BTW SOGEA service, there is a10-day ‘stabilisation period’ starting onthe service start date. During thisperiod, the service levels for the BTWSOGEA service will not apply, and youshould not report any faults.

Special terms4.9The internet service gives you access tothe internet, services provided by thirdparties and other materials. Apart fromany website controlled by us, we do notcontrol and are not responsible for thecontent of the material you get by usingthe internet service. You areresponsible for making a decision on thesuitability, quality or legality of accessing,viewing or downloading any material fromthe internet.4.10We will not be liable for any loss ordamage associated with your alarmsystem failing after you are connected tothe BTW SOGEA or BTW FTTP.4.11We can change phone numbers ordialling codes, or the specification of theservice, f or operational reasons.5.5.1Service start dateand paying for theserviceWe can start charging for all servicesordered on a particular order form fromthe initial start date.5.3Unless the order form states otherwise,we will invoice you for the monthlycharges (as specified in the price guideor as otherwise agreed in writing,whether ref erred to as ‘monthly charges’or otherwise) every month in advancef rom the initial start date.5.55.6As well as the charges you are liable for,you must also pay all of any third-partyoperator’s charges arising in connectionwith or as a result of you using theservice.5.7We invoice you for the price of the CPEon or around the date we deliver theaverage monthly call charges for theprevious three calendar monthsmultiplied by the number of months left inthe minimum period (or any otheramount we reasonably choose if you areless than three months into the minimumperiod);5.8whichever is more.5.9The amounts due under this clause 6.4are in addition to any amounts due underclause 6.2.6.The service start dates may be differentf or different parts of the service,particularly between the date the off-netservices start date, and the on-netservices start date.5.25.4increase up to the set amount or anyother amount agreed in writing.The image, logos and names on ourwebsite which identify us, members ofour group of companies or third partiesand our or their products and servicesare our or their official company marks.Nothing contained on our website givesyou any licence or right relating to thatimage, logo or name.7.7.1We will invoice you for the connectioncharges for all services ordered on aparticular order form on or around theinitial start date or any other date wegive you.The connection charge for the BusinessBroadband service of BTW SOGEA andBTW FTTP, could increase if, after oursurvey or inspection, BT’s charges to us(if any) are increased. On the order form(or otherwise in writing) you mayauthorise an increase of up to a setamount. Without affecting the generalnature of clause 3.2 of our standardterms and conditions, you must pay any Virgin Media BusinessTrademarks andlogosDomain namesWhere the internet service (or part of it)includes registering a domain name setout on the order form or agreed with youin writing, you must own any relevanttrademark or name, or have a licence touse it as the domain name.We will arrange f or the domain name tobe registered by Nominet UK or anyother organisation which registersdomain names (the registry).7.2You may need to choose a replacementdomain name, and we may suspend theinternet service or part of it if we believethat the domain name containsoffending material.7.3If you do not pay any amount due underthe agreement, or any of the informationwe need to register a domain name is

Special termsincorrect or late, we may end the processof applying for registration or may cancelthe registration.7.4You agree that we may charge anappropriate transfer fee for transferringany domain name from you or a thirdparty. The transfer fee will be as set outin the price guide or as agreed with youin writing. For us to make the transfer,you agree to:7.4.1co-operate fully and promptlywith our reasonable requests;and7.4.2do everything reasonablypossible, at your ownexpense, to make sure thatany third party co- operateswith us f ully and promptly.withhold or suspend the domain namewithout giving you notice or having anyliability to you.7.9We do not guarantee that the domainname is or will continue to be availablef or you to use or that no other domainname which conflicts with or affects theuse of the domain name is or will beregistered.7.10You may not transfer the domain nameto any third party without our permissionin writing. If we give our permission, wewill only arrange the transfer if, on thedate the transfer would be made, wehave received all charges for theservice.7.11If the internet service includes usrenewing the registration of the domainname:We will use our reasonable efforts tomake the transfer, but we will not beliable if the transfer cannot be made or isdelayed because we did not get full cooperation from you or a third party.7.5You appoint us as your agent for thepurposes of registering the domainname. You authorise us to accept theregistry’s standard terms and conditionsf or registration on your behalf.You will be bound by the registry’sstandard terms and conditions. You areresponsible for getting a copy of thoseterms and conditions and you must read,understand and keep to them.7.67.77.8We do not guarantee that the domainname is, can or will be registered. Youshould not assume the domain name isregistered until you are told in writing thatit has been. We are not liable for anyaction you take in connection with thedomain name (including, withoutlimitation, marketing or publicity and thecosts involved) before you are told that ithas been registered.You will have no claim against us if theregistry refuses to register the domainname or suspends or cancels it for anyreason.We are not responsible for, and will notbe liable for, your use of the domainname. You are responsible for settlingdisputes with any third party inconnection with you using the domainname. If there is a dispute, we may Virgin Media Business8.7.11.1we will use our reasonableef f orts to renew it;7.11.2we will not be liable to you ifwe f ail to renew theregistration of the domainname f or any reason; and7.11.3you agree that we may renewthe registration of the domainname automatically, and youwill pay us any relevantcharges ref erred to in theprice guide.Using the serviceAs well as the provisions in our standardterms and conditions that relate to youusing the service, the following alsoapply.8.1You must make sure any use of theservice keeps to the acceptable usepolicy. You are bound by any changeswe make to the acceptable use policy.We will put notice of those changes onour website.Any changes will come into effect 30days from the date we put notice of themon our website. If a change to theacceptable use policy is to yourmaterial detriment (that is, you aresignificantly worse off), you can end theagreement under clause 20.2 of ourstandard terms and conditions.

Special terms8.28.38.48.5Without affecting the general nature ofclause 11.3 of our standard terms andconditions, you agree not to use theinternet service, and not to let any otherperson use it, to store or reproduce anyoffending material.We can monitor and inspect any websitehosted by the internet service. If webelieve that you have broken clause 9.2,we may (but are not obliged to):8.3.1remove the relevant material,data, images or information;8.3.2suspend or stop providing theservice or any part of it; and8.3.3end the agreement; withoutgiving you notice.8.6If you break clause 9.1, we may suspendor end the agreement without giving younotice.8.7Without having any obligation to do so,we can block access to, or edit, refuse orremove any material from ourcommunications network (includingwebspace and mailboxes) which we havereason to believe could break thisagreement or the acceptable usepolicy.If we receive a complaint about anymaterial published or transmitted usingthe service, we will be entitled to takesuch action without investigating thecomplaint.8.8Without having any obligation to do so,we can f ilter emails and remove anyemail which: Virgin Media Businesscontains, or is suspected ofcontaining, a virus; or8.8.2we consider ‘email spam’ asref erred to in the acceptableuse policy.8.9Ownership of and intellectual propertyrights in the content you get access tousing the service belongs to the ownerof the content and may be protected bycopyright or other law. The agreementgives you no rights to such content.8.10You must not go over any limits relatingto:You are responsible for getting allnecessary material, data, images andinf ormation you need to use the service,including for the design of any website.You must get and maintain allpermissions or licences you need(including permission from any relevantcopyright holders, music- licensingauthorities and performers’representatives) in connection with thecontent of communications transmittedthrough the service. You will indemnifyus f or any loss or damage we suffer as aresult of not meeting your obligationsunder this clause 9.5. Clause 15.4 of ourstandard terms and conditions will notapply to the indemnity in this clause 9.5.8.8.18.10.1the use of the bandwidth orcapacity;8.10.2the connection of yourapparatus; or8.10.3any other limitation set on thebandwidth, capacity orconnection;as part of any package or promotion weprovide the service under.8.11You accept that the internet servicemay be supplied on a shared server andthat your use of the service may beaf f ected by the level of access by otherusers.8.12All your apparatus connected to ourequipment must be configured to get anIP (internet protocol) addressautomatically every time the internetservice is used. You must alwaysmaintain that configuration of yourapparatus.8.13If you ask us in writing, we use ourreasonable efforts to give the same IPaddress (a f ixed IP address) to yourapparatus each time the internet serviceis used.8.14Despite clause 9.13 above, we will not beliable f or any change we make to any IPaddress (including a f ixed IP address) if:8.14.1the change is neededbecause we are upgrading ormaintaining ourcommunications network orf or any operational reason, inwhich case we will use ourreasonable efforts to give youat least 14 days’ notice of thechange; or

Special terms8.14.28.158.168.17We can, without giving you any notice,disconnect or suspend the service, orend the agreement, if we reasonablybelieve that you have broken or arebreaking clause 9.12 above.We allocate IP addresses to you only forthe purposes of, or in connection with,the internet service. The agreementdoes not give you any right to any of theIP addresses, and you may not sell ortransf er (or try to sell or transfer) them toany person. If all of the agreement, orthe part of it relating to any of theinternet service, ends for whateverreason, the IP addresses will return to us.8.17.29.1guarantees associated with thosedealings, are between you and therelevant third party. We will not beinvolved in those dealings or have anyliability in connection with them. You areresponsible for keeping to anyacceptable use policy or terms andconditions relating to using linked sites.11. Keeping to the law11.1You must not post, publish, upload,distribute, transmit, re-transmit or storematerial on or through any of oursystems, services or products, or thoseof any member of our group companies,if this would break any law or regulationthat can be enf orced in the UnitedKingdom.11.2You must own, or have all the necessaryrights to, any material you post, upload,input or provide on any website we host.If , as part of the service, we give you af ixed IP address:8.17.19.the identity of the IP addressis af fected by any change inconf iguration or functioning ofyour apparatus or any otheraction taken by you.you must give us registrationinf ormation and any changesin the registration information;and12. DisclaimerWe do not control or endorse the content,views, messages or information found inany communication service. We do nothave any liability in connection with thecommunication service or any lossesor damages arising as a result of youusing the communication service.you agree that some or all ofthe registration informationcan be published in RIPENCC’s database.Supplemental termsIf any supplemental terms apply to theservice, they will form part of theagreement between you and us. Youmust keep to those supplementalterms.13. Limits of liabilityAs well as the limits of liability set out inour standard terms and conditions, thef ollowing also apply to our liability for lossor damage.13.1Without affecting the general nature ofclauses 15.1 to 15.9 of our standardterms and conditions, we will not be liablef or loss or damage to you or yourbusiness as a result of unauthorisedaccess, failures of security measures oronline attack (through the internet, theservice or otherwise) to your businesssystems, data, information or othermaterials. You are responsible forprotecting yourself as you think fit.13.2We will have no liability in relation to theaccuracy, content, quality, completeness,f itness for purpose or legality of anyinf ormation or services you get access tousing the internet service or the portal.We will have no liability for material that10. Linked sites10.110.2Our website or internet service maygive you access to linked sites. Wehave no control over those linked sitesand we will not be liable for the contentsof any linked site. You are alwaysresponsible for making a decision as tothe suitability, quality or legality of anymaterial or services on linked sites.Any dealings with third parties (includingadvertisers) included within or accessedthrough our website or internet service,and any terms, conditions, assurance or Virgin Media Business

Special terms“3.1 For any particular service that is partof the business broadband service, theagreement will come into force when:you transmit or receive, or any failure totransmit or receive any material.13.313.413.513.6We do not guarantee that the portal orthe services of any third party will alwaysbe available, and so will have no liabilityif they are not available. If you get accessto any third party’s information orservices through the internet service,you will be bound by that third party’sterms and conditions, if any. You will beresponsible for keeping to those termsand conditions. We will have no liability inconnection with any third party’sinf ormation or services.3.1.1 you sign the order form;3.1.2 you (or our representative if we areinstalling the service for you) click the‘accept’ (or equivalent) button orcomplete any other acceptanceprocedure after loading the internetsoftware;3.1.3 you start using the service; or3.1.4 the service becomes available toyou;The inf ormation, internet software,products and services (and relatedgraphics) included in or available throughour website and the internet servicemay include inaccuracies ortypographical mistakes. From time totime we make changes to our websiteand internet service. We provide noguarantee as to the suitability, reliability,availability, accuracy, timeliness, fitnessof purpose or lack of viruses or otherharmf ul components of the information,internet software, products and internetservice (and related graphics) containedin or available through our website or theinternet service.whichever is earlier.3.2 Unless you or we cancel theagreement early (in the way allowedunder the agreement), it will stay in forcef or the minimum period (see clause 3.3)and then continue until you or we end itby giving the other at least 90 days’notice in writing. If you or we do not wantthe agreement to continue beyond theminimum period, written notice must begiven at least 90 days before the end ofthe minimum period.Any such notice you give us must begiven to customer services in line withclause 22.We will have no liability for:13.5.1any offending material on athird party’s website;13.5.2the conduct of any third party;or13.5.3a third party’s rights beinginf ringed (broken, limited orundermined) .We will also have no liability for anycontent a third party sends or provides onour website or through the internetservice.14. Ordering thebusiness broadbandservice and term ofthe agreementIn relation to the business broadbandservice, clause 3.1 to 3.3 of our standardterms and conditions will be consideredto be amended to read as follows. Virgin Media Business3.3 The minimum period is:3.3.1 the period stated on the orderform, starting on the initial start date; or3.3.2 if no period is set out on the orderform, 12 months, starting on the initialstart date.”15. Changing theagreement orbusiness broadbandservice15.1Despite the provisions relating to noticesin clause 22 of our standard terms andconditions, we can give notice ofchanges to the acceptable use policyby putting the changes on our website.You should regularly check the up-todate acceptable use policy on ourwebsite.

Special terms Virgin Media Business

Thank you Virgin Media Business LimitedRegistered Office:500 Brook DriveReadingRG2 6UUT: 0800 052 0800Registered in England and Wales No. 01785381 Virgin Media BusinessST-BB-0522

BT means British Telecommunications plc. BTW FTTP (Fibre To The Premise) means a circuit using a fibre optic cable straight into a site. . business broadband service 15.1 Despite the provisions relating to notices in clause 22 of our standard terms and conditions, we can give notice of changes to the acceptable use policy by putting the changes on our website. You should regularly check the .