Business Broadband And Superfast Business Broadband

Transcription

Special termsBusiness broadband andsuperfast businessBroadbandVersion 6 (SoHo & SME)This document tells you about our business broadband and superfast business broadband service. Thesespecial terms, along with our standard terms and conditions, explain exactly how we’ll work with you. We’vedone our best to cover everything, but if there’s anything you’d like to check, just call our CustomerServices team on 0800 052 0800.Definitions andinterpreting thisdocumentdomain 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.In these special terms, words and termsmean the same as they do in ourstandard terms and conditions unlessthese special terms give a differentmeaning.internet service means our internetservice forming part of the service fromtime to time.Where the following words are printed inbold in these special terms, they havethe meanings set out below.internet software means our softwaresupplied to you in connection with theinternet service.acceptable use policy is the documentwhich sets out the rules for using theservice.LAN means the local area network,which is a wired ethernet network on yourside of the NTE.BT means British Telecommunicationsplc.linked sites means third party websitesthat can be visited from links on ourwebsite.CPS service (carrier pre-select service)is a service that lets you make calls overour network even though your officesmay be outside the area our networkcovers.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.centrex is a network-based, managedservice providing similar capability as aprivate automatic branch exchange(switchboard).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 equipment you buy from us foryou to use with the service. Virgin Media Businessoffending material means materialwhich:(a)is inaccurate, indecent, abusive,obscene, menacing or otherwiseoffensive, or which could damage aperson’s or organisation’s goodreputation;ST-SoHo&SME-BT-1119

Special terms(b)breaks a confidence, copyright or otherintellectual property right, privacy or anyother right of any third party;(c)breaks any law ( including the ComputerMisuse Act 1990) or the acceptable usepolicy; or(d)the documents will take priority in thefollowing order.1.3.1Any supplemental terms1.3.2The special terms1.3.3The acceptable use policycould harm our communicationsnetwork or any other third party’ssystem, including material containing avirus.1.3.4Our standard terms andconditions1.3.5The order formoff-net service is where phone servicesare provided indirectly by us through aBT phone line (or another operator’sphone line) and the CPS service, WLRservice or xDSL service.1.3.6The price guideon-net service is where we provide youdirectly with phone or broadband services(or both) using our communicationsnetwork.Unless 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 switched on atall times.portal means the first website you reachwhen using the internet service.premium install service means theservice where we configure up to 15 ofyour devices into a stand-alone wired orwireless network and link this to yourbroadband service through the serviceequipment or purchased equipment.RIPE NCC means Réseaux IPEuropéens, which is an organisation thatsupports the infrastructure of the internet.supplemental 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.WLR service (wholesale line rentalservice) is a service where you have BTlines through us and use the CPSservice so we bill you for those lines andthe calls made on them.WLAN a wireless local area network onyour side of the NTE.xDSL service is a service where theinternet service is provided throughADSL (asymmetric digital subscriber line)or FTTC(fibre to the cabinet).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 otherwise Virgin Media Business ConfidentialConnection of theinternet serviceThe on-net service may be providedthrough:2.2.1a cable modem; or2.2.2a cable gateway NTE device;which is connected by coaxial cable toour communications network.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.The off-net service may be providedthrough:2.3.1an xDSL modem; or2.3.2an xDSL gateway NTEdevice;which is connected to ourcommunications network through aphone line.On the xDSL modem or xDSL gatewayNTE device, the network terminationpoint is the communications port to theLAN or WLAN. This will be an RJ45,ethernet or communications port, or anIEEE802.11 wireless access port.You are responsible for configuring yourLAN or WLAN and your apparatus

Special termsunless we have agreed to provide thepremium install service.You agree that before you connect to theservice, you will do the following.You will always be responsible formaintaining your LAN or WLAN.3.2.1Make 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 liablefor any damage caused byyou failing to secure yournetwork and systems whenconnecting to ourcommunications network orequipment.3.2.2Make sure your devices havea suitable network connector,and install network interfacecards (NICs) or wirelessnetwork adapters ifnecessary.If we provide the premium installservice, the following will apply.2.6.1At the time of the installation,we will not supply anyservices other than those setout on the order form.2.6.2We will only connect andconfigure devices that meetthe requirements set out inour service literature. We donot guarantee that yourapparatus can be connectedand configured to work withthe equipment.2.6.32.6.4When 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 for the installation,including necessarypasswords and administratoraccess to your apparatus. Ifyou do not provide this accessor information when we needit, this may result in us notbeing able to complete theinstallation. In this case wewill be entitled to charge youthe full charges for thepremium install service andan extra fee for any furthersite visits that may be neededto complete the installation.Your apparatus for theinternet serviceThe following apply in addition to theprovisions relating to your apparatus inour standard terms and conditions.Unless we agree otherwise with you inwriting, you must not connect more than30 (or any other number stated in theorder form) devices, such as personalcomputers, to the equipment. If you breakthis clause, we will be entitled to end theagreement. Virgin Media Business ConfidentialIf you are adding the service to your ownlocal network, you must first make anynecessary checks with your networkadministrator.You are responsible for getting allcomputer and other equipment orservices necessary to use the serviceproperly.If 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 responsibilityfor maintaining purchased equipment.Providing the serviceIt is technically impractical to provide theservice free 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 reasonableefforts to explain how you can correct thefault yourself, or to repair the fault in linewith the service literature.We do not guarantee that the service willnot be interrupted or that any messagesor information transmitted through the

Special termsservice will be transmitted accurately,reliably or in time.If an access rate (speed) of the internetservice (or part of it) is specified on theorder form, you accept that the actualrate may be reduced:4.3.1by conflicts within our networkand in other internet networks;4.3.2in relation to the xDSLservice;4.3.3by rate adaptation of themodem; or4.3.4because of the technical limitsof the BT line used to supplythe internet service.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.In relation to the xDSL service, youagree the following.4.4.14.4.2Any incorrectly wiredextensions to your existingmaster phone socket formingpart of the BT network may bedisconnected. You will have topay BT’s charges at the timefor any rewiring they agree todo.While the agreement is inforce, you must maintain acontract to use a BT line toyour master phone socket. Ifyou break this clause 4.4.2,you must indemnify (fullycompensate) us for any:(a) extra BT charges wehave to pay to providethe service; and(b) termination charges wehave to pay to BT.Clause 15.4 of our standard terms andconditions will not apply to the indemnityin this clause 4.4.2.You accept the following technical limitsrelating to the xDSL service.4.5.1The performance of somemetallic local loops will mean Virgin Media Business Confidentialthat it is not technicallypossible or practical to providethe xDSL service to you.4.5.2The xDSL service cannot beprovided to you if you alreadyreceive some services fromanother communicationsprovider. We will use ourreasonable efforts to let youknow if any service youreceive from anothercommunications providermeans that we cannot providethe xDSL service.4.5.3The xDSL service may affectthe performance or speed ofother telecommunications andother equipment at the site.4.5.4Some technical limitationswithin a third party operators’network may not bediscovered until some timeafter installation, in whichcase we may need towithdraw the xDSL 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.You accept that technical limits mayhinder the installation and activation ofthe xDSL service, and that having BTNTE devices at the site does notguarantee that the xDSL service can besuccessfully activated, and we will not beliable for this.We can cancel the xDSL service if, afterwe placed an order for you with BT, youand we cannot agree an installation oractivation date within 30 days of the dateBT accepted the order. You mustindemnify us for all costs (including anythird-party operator’s cancellationcharges) arising as a result of thecancellation. Clause 15.4 of our standardterms and conditions will not apply to theindemnity in this clause 4.7.If there is a fault in the xDSL service,you must report this to us, not BT, in line

Special termswith any service level agreement. If afault is not due to the xDSL service orwe have 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 thefault.For the xDSL service there is a 10-day‘stabilisation period’ starting on theservice start date. During this period,the service levels for the xDSL servicewill not apply and you should not reportany faults.The internet service gives you to accessto the internet, services provided by thirdparties and other materials. Apart fromany website controlled by us, we do notcontrol and are not responsible for thecontent of material you get by using theinternet service. You are responsible formaking a decision on the suitability,quality or legality of accessing, viewing ordownloading any material from theinternet.We will not be liable for any loss ordamage associated with your alarmsystem failing after you are connected tothe xDSL service.We can change phone numbers ordialling codes, or the specification of theservice, for operational reasons.Service start date andpaying for the serviceThe service start dates may be differentfor different parts of the service,particularly between the date the off-netservices start and the date the xDSLservice starts.We can start charging for all servicesordered on a particular order form fromthe initial start date.Unless the order form states otherwise,we will invoice you for the monthlycharges (as specified in the price guideor as otherwise agreed in writing,whether referred to as ‘monthly charges’or otherwise) every month in advancefrom the initial start date.We will invoice you for the connectioncharges for all services ordered on aparticular order form on or around the Virgin Media Business Confidentialinitial start date or any other date wegive you.The connection charge for the xDSLservice could increase if, after our surveyor inspection, BT’s charges to us (if any)are increased. On the order form (orotherwise in writing) you may authorisean increase of up to a set amount.Without affecting the general nature ofclause 3.2 of our standard terms andconditions, you must pay any increase upto the set amount or any other amountagreed in writing.As 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.We will invoice you for call charges (ifany) monthly in arrears from the initialstart date. These charges will be basedon your use of the service as recordedby us.We invoice you for the price of the CPEon or around the date we deliver theCPE.We will invoice you for any other chargesas set out in the price guide or asotherwise agreed in writing.Ending the agreementearly and cancellationchargesExcept where clause 6.3 applies, andunless we have agreed otherwise, youcannot end the agreement for only partof the service.If we are providing you with on-netservices, and you have to paycancellation charges under clauses17.4, 17.6. or 21.2 of our standard termsand conditions, those charges will includean amount equal to the total of allmonthly charges for the minimumperiod less the monthly charges youhave already paid.Despite clause 6.2, if we are providingon-net services you can ask us todisconnect up to 20% (in total, from allsuch requests) of the number of lines youhave for the on-net services, as set outin the order form. For each line we

Special termsdisconnect you must pay ouradministrative charge at the time.Trademarks and logosIf we are providing you with off-netservices, and you have to paycancellation charges under clauses 17.4,17.6 or 21.2 of our standard terms andconditions, those charges will include thefollowing.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.6.4.1Where the CPS service isprovided, either:(a) the expected or minimumcall charges (if any) overthe minimum period setout in the order form lessthe total amount of callcharges you have paidus; or(b) the average monthly callcharges for the previousthree months multipliedby the number of monthsleft in the minimumperiod (or any otheramount we reasonablychoose if you are lessthan three months intothe minimum period);whichever is more.6.4.2Where WLR service isprovided, either:(a) an amount equal to thetotal of the relevantmonthly charges for theminimum period lessthe monthly charges youhave paid; or(b) the average monthly callcharges for the previousthree calendar monthsmultiplied by the numberof months left in theminimum period (or anyother amount wereasonably choose if youare less than threemonths into the minimumperiod);whichever is more.The amounts due under this clause 6.4are in addition to any amounts due underclause 6.2. Virgin Media Business ConfidentialDomain 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 for the domain name tobe registered by Nominet UK or any otherorganisation which registers domainnames (the registry).You 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.If you do not pay any amount due underthe agreement, or any of the informationwe need to register a domain name isincorrect or late, we may end the processof applying for registration or may cancelregistration.You 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. In order for us to make thetransfer, you agree to:8.4.1co-operate fully and promptlywith our reasonable requests;and8.4.2do everything reasonablypossible, at your ownexpense, to make sure thatany third party co-operateswith us fully and promptly.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.

Special termsYou appoint us as your agent for thepurposes of registering the domainname. You authorise us to accept theregistry’s standard terms and conditionsfor 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.We 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 maywithhold or suspend the domain namewithout giving you notice or having anyliability to you.8.11.3you agree that we may renewthe registration of the domainname automatically, and youwill pay us any relevantcharges referred 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.You must make sure any use of theservice keeps to the acceptable usepolicy. You are bound by any changeswe make to the acc

Business broadband and superfast business Broadband Version 6 (SoHo & SME) This document tells you about our business broadband and superfast business broadband service. These special terms, along with our standard terms and c