Terms and Conditions
This page details the terms and conditions of all products and services provided by Lonsdale Network Services Ltd.
- "We", "us", and "our" means Lonsdale Network Services Ltd, a company registered in England and Wales with company number 08107724, trading as LonsdaleNET.
- "You" and "your" means the person who has ordered equipment or services from us or, if you ordered on behalf of a company or other entity for which you are authorised to do so, that company or other entity.
- Our registered office address is 10 The Courtyard, Edenhall, Penrith, Cumbria, CA11 8ST.
- Our "web site" is http://www.lonsdalenet.co.uk
- "Business Days" means Monday to Friday excluding any bank holidays or other national holidays in England.
- "Business Service" means a service which is not a Residential Service.
- "Cancelling" an order means asking us not to give effect to an order you have placed, before we have made that service available to you.
- "Domestic or Small Business Customer" has the meaning set out in Ofcom's General Conditions of Entitlement (as updated by Ofcom from time to time).
- "Equipment" means any physical item.
"Minimum Term" means, unless we specify otherwise at point of order, the following, in each case starting the day after the day on which we complete your installation or, if you are an existing customer renewing your contract with us, the day after the day on which your renewed agreement starts. If you ask us to move your service from one location to another (e.g. you move home and move your service to your new home), a new minimum term starts the day after the day on which we complete your installation at your new location.
- for a Residential Service, 30 days; and
- for a Business Service, 365 days
- "Missed Appointment Fee" is the charge set out on our price list under this name.
- "Relay Equipment" means Equipment that assists us in providing services to others in your local area.
- "Residential Service" mean a service described on our web site as a residential service.
- "Restricting" a service means that we make some parts of the service unavailable or operate at a lower speed.
- "Staff" means our employees and authorised contractors.
- "Suspending" a service means that we stop your service from working, but keep it in a state from which we can resume it quickly. Suspension does not affect your obligations under this agreement, and does not terminate this agreement.
- "Terminating" a service means that we stop supplying your service completely and terminate this agreement in respect of those services. At this point you are no longer liable for further ongoing charges, but must still pay any outstanding invoices, minimum term charges and any termination charges that apply. If you wish to reconnect after termination, you will have to ensure your account is up to date, and pay any connection charges that apply and may have to wait for several days before service can be reconnected.
"Unconnected Person" means any third party, but does not include:
- if the service is a Residential Service, your own immediate family members who live with you at the location to which we provide the services; and
- for a Business Service, your own employees who are employed at the location to which we provide the services
- Any reference in the description of a service to a "kilobyte" is to 1000 bytes, a "megabyte" is 1000 kilobytes, a "gigabyte" is 1000 megabytes, and so on.
- Any reference to a "day" means a period of 24 hours. For example, a period of two days from now means two periods of 24 hours from now.
Our agreement with you
- If you order equipment or services from us, your order, and your use of our services, is subject to these terms.
- These terms apply to the exclusion of any terms you supply us, or which accompany or are referenced in or linked from any purchase order or communication you send us. They supersede all previous negotiations, understandings and representations. If you do not agree to this, you do not have authority to access our services or systems.
- This agreement is governed by English law.
- Any provision of this agreement which refers to a charge or fee which we may levy on you confers an obligation on you to pay those charges or fees.
- If you are a Domestic or Small Business Customer, this agreement lasts for the Minimum Term, and then continues on a month-by-month basis until either party terminates it in accordance with the terms of this agreement.
- If you are not a Domestic or Small Business Customer, this agreement lasts for the Minimum Term, and then renews automatically with the same Minimum Term. If you do not want the agreement to renew automatically, you must terminate it in accordance with clause 18.1, giving sufficient notice so that termination takes effect before the day of renewal.
- Clause 17 sets out your cancellation rights if you are a consumer, and clause 18 sets out your termination rights.
Your general obligations
- comply with our reasonable instructions, guidelines and directions about the use of the services;
- co-operate with us in all matters relating to the services, and do so in a timely manner;
- provide any information required by us accurately, comprehensively, in good faith, and in a timely manner;
- ensure that all equipment which is used in conjunction with the services conforms to all relevant standards or approvals;
- keep your account credentials secret, and secure your network and equipment as you consider appropriate to the risks facing you. If you become aware of a compromise, you must immediately change your account password(s) and other security devices and notify us;
- tell us if you act as a consumer, or are a small business customer or a communications provider as defined by Ofcom’s General Conditions of Entitlement, and, in each case, notify us promptly if your status changes;
- behave at all times in a polite and professional manner towards us and our staff;
- maintain such backups, disaster recovery, and resiliency, plans, as are appropriate to your situation;
- comply with all applicable law; and
- ensure that your users (and anyone else who may use the equipment or services) comply with all the obligations under this agreement which are imposed on you (except for obligations to pay). You are liable to us for their breach or non-compliance.
- You must use the services we provide to you solely for your own personal use (if the service is a Residential Service) or your own business use (for a Business Service).
- You must not permit any Unconnected Person to use the services, and you must not redistribute or relay the services, or otherwise provide or permit access to any Unconnected Person, whether or not you make a charge for doing so, without prior written consent from us.
- You warrant that you have the full power and authority to enter into this agreement.
- You agree that any breach of this clause 5 is a material breach of this agreement.
- You must:
- If we supply you with a Residential Service, it is for your own private residential use.
If you order a Residential Service and, at the point of installation, we (acting reasonably) consider that the premises are not used solely for your own private residential services, we will:
- offer you an alternative Business Service (for which you must pay the associated charges); or
- terminate this agreement and charge you a Missed Appointment Fee.
- You must ensure that, for the duration of the agreement, the premises to which we supply you with a Residential Service are used solely for your own private residential purposes.
- If, at any time during the term of this agreement, the use of the premises will no longer be solely for your own private residential purposes, you must either terminate this agreement, or else notify us and arrange to move to a Business Service.
- Notwithstanding clause 6.4, if we, acting reasonably, become aware that you have breached clause 6.3, we will notify you and, on giving notice, move you to the Business Service which most closely reflect the Residential Service. You must pay any increased charges from that point, or else terminate this agreement.
- In the event of a dispute as to whether any premises are used solely for your own private residential purposes, we will act reasonably, but you agree that our decision is final.
Dates and times are estimates
- Any date or time we communicate to you in respect of the services, including as to installation or activation, is an estimate.
Service access, suspension, and maintenance
- While we will use our reasonable efforts to maintain and operate the services, we make no promises that they will always be available or functioning, nor that they will be fault-free.
We may restrict or suspend all or part of the services if, in our reasonable opinion, you fail to comply with your obligations under this agreement, or if we consider it is necessary to do so:
- to stop or mitigate any security or integrity incident, threat or vulnerability, or problem or attack affecting our network, equipment, or services (including any network, equipment, or services provided to another customer);
- because we have been unable to access your property to work on any equipment;
- because we reasonably suspect that you cannot, or are not required to, pay your invoices;
- to deal with behaviour which, in our reasonable opinion, amounts to misuse of the services; or
- to comply with a legal obligation.
- We will try to make available to you notice of planned maintenance activity, and we will do this via email.
Mandatory service changes
- We may, from time to time, make technical changes to the way in which we deliver our services to you. For example, we may move from delivering the service via a wireless link to delivering it via a fixed line, such as a fibre optic cable. We may, in accordance with the remainder of this clause 9, require you to move to a replacement service.
- A replacement service may have a higher price than the service it is replacing.
- If we require you to migrate to a replacement service, we will give you at least 30 days’ notice
- If you object, you must exercise your right of termination under clause 18.1. We must receive your notice of termination within 14 days of the date of on which we sent our notice to you under clause 9.3.
- If we do not receive notice of termination within those 14 days, or if you tell us that you agree to the changes, we will treat this as agreement to receive the new service and to pay the new price (if relevant).
- We will contact you to arrange an installation date for the replacement service. You must work with us in good faith to agree an installation date and to support installation of new Equipment.
- If you do not agree a date for installation within 14 days of us writing to you, this agreement terminates automatically.
- Clause 44 shall apply to the installation of the replacement service. In particular, we may require you to dig a trench, or carry out such other works as we consider necessary, to our specifications, at your own cost, to be available for us before the point of installation.
- A new Minimum Term shall commence on installation.
Service level agreement (SLA)
- Unless we agree otherwise in writing with you, we will use reasonable efforts to remedy things which go wrong, where we are responsible for them. Sometimes it can take several days to rectify a fault.
- We try to fix residential faults within two Business Days of the fault being reported to us, and business faults within one Business Day, but we do not promise we will be able to do this.
- For each full day you are unable to use the service for a reason which is our fault, other than where we have restricted, suspended, or terminated your service in accordance with this agreement, we will deduct the pro rata’d charge for that day from your next invoice.
We are not responsible for, and this service level agreement does not apply to:
- problems caused by your equipment or software which we have not supplied; or
- anything outside our control (such as weather, or issues with power to your property).
- You must notify our support team promptly of any fault or suspected fault with your services. Posting on social media does not constitute notice.
- For as long as you are a customer, and provided that you are up to date with all payments to us, we will provide you with reasonable technical support. Unless agreed otherwise, this will be provided during our normal working hours (which are currently 09:00 – 17:00 UK time, Monday to Friday, excluding bank holidays), for our services or equipment we have sold to you. Our contact details are available on our web site.
- We may help you with the configuration of your services or equipment bought from or supplied by us, but you are responsible for, and are liable for, ensuring that any configuration is suitable for your purposes, and is appropriately secure.
- We do not typically offer support for equipment which we have not provided. If you ask us to provide support in respect of your own equipment, or if we attend your property to fix a fault which turns out to be related to or exacerbated by your own equipment, we may charge you for that support. You are responsible for, and are liable for, ensuring that any configuration is suitable for your purposes, and is appropriately secure.
- You must promptly provide all reasonable assistance to our staff (and, where applicable, our suppliers’ staff) when they are attempting to diagnose or fix problems with your services or equipment. If you do not do this, the fault repair process pauses. You are not entitled to any deductions under clause 10.3 in respect of any days in which the repair process is paused (whether the process is paused is for the whole day or part of the day).
- We publish current prices on our web site. Each price indicates whether VAT is included or additional. Our full price list is available at https://www.lonsdalenet.co.uk/price-list/
- You are responsible for checking the charges which apply to any calls which you or your users make. You can check call costs at http://www.lonsdalenet.co.uk/call-cost-checker/
- We will verify pricing when processing your order and before we take payment. If we have made a mistake and a price is higher than the price we have stated, we may either contact you confirm if you want to proceed at the correct price or cancel your order. If the correct price is lower than our stated price, we will charge the lower amount.
Bills and records
- We provide bills by email and online access. We do not normally provide printed bills. You can request a printed bill for a fee.
Payments and invoicing
- You must pay the fees for the services (including any fees such as setup or installation fees, missed appointments, excess construction charges, or faults or requests for support related to or exacerbated by your own equipment), in each case as described on our web site or else notified to you, and all other sums due under this agreement. Your obligation to pay continues until you, or we, terminate this agreement in accordance with its terms.
- Unless we agree something different with you, you must maintain a valid Direct Debit arrangement with us at all times. You must set this up with us at the time of installation. We charge an administration fee as set out in our price list for each Direct Debit which we are unable to collect, and each Direct Debit payment which is reversed or which otherwise fails or results in us not retaining any payment, or if you do not have a valid Direct Debit arrangement in place when we attempt to collect it.
- You permit us to collect any outstanding invoices via Direct Debit, and to attempt unlimited subsequent collections from your bank account under the Direct Debit agreement if any payment fails, is returned or reversed, or otherwise results in us not obtaining or retaining any payment.
- If you make or attempt to make any payment to us using a credit or debit card (including any installation payment), you agree that we may charge it using a continuous payment authority allowing us to make additional charges to your card without storing your card details. Unless you specifically request we do not attempt subsequent charges, we may charge any cards provided to us to settle outstanding invoices, such as in the event that we are unable to collect a Direct Debit payment from you, or if any Direct Debit payment fails, is returned or reversed, or otherwise results in us not obtaining or retaining any payment.
- Unless otherwise agreed, we will issue invoices for your services monthly on the first day of each month, and we will attempt to collect your Direct Debit on or around the fourteenth day of each month, for that month’s services along with any call charges from the previous month.
- We invoice for Internet access services in advance of the period for which they are billed. We invoice for phone calls in arrears. You must read any invoices we issue you, and notify us of any error within 14 days of the invoice date. You must identify the disputed charges, and explain why they are in dispute, and you must provide any relevant supporting documentation. After that time, you agree that you will not bring any dispute or claim relating to an incorrect invoice. You must still pay any undisputed part of the invoice in accordance with this agreement. On receipt of a notification of dispute, we will contact you, and you must work reasonably with us to resolve the dispute.
- If we extend you credit terms, you must ensure that we receive your payment for the invoice amount within the credit period. We may withdraw or change credit terms for future invoices on notice to you. Each invoice shows when payment is due.
If, for any reason, we do not receive your payment in full by the due date, we may do any or all of the following:
- restrict or suspend any services we provide to you (including services outside the scope of this agreement);
- send you reminders by email and post, or contact you by phone or other communications channel, at regular intervals. We may charge you an administration fee (as set out in our price list) for each reminder, by way of liquidated damages;
- if you are not a consumer, charge you penalties and interest as specified in the Late Payment of Commercial Debts (Interest) Act 1998;
- if you are a consumer, charge you interest on the overdue amount at a rate of 8% plus the Bank of England base rate from the due date up to the date of actual payment (whether before or after any court judgement); and
- charge you our reasonable costs and expenses (including legal costs) for seeking payment of the overdue amount.
- If, for any reason, we do not receive your payment in full within 30 days of the due date, we may (at our discretion) terminate this agreement or the services.
If we restrict, suspend, or terminate the services or the agreement in accordance with this clause 14:
- we shall not be liable for any losses to you arising from this; and
- in the case of termination, we are not obliged to reactivate those services. If you wish us to reactivate the services, and we are willing to do so, we will notify you of the costs associated with doing so (including any requirement we may have as to a deposit for security of costs), and you can decide at that point whether you wish to proceed.
- You agree not to cancel, reverse, revoke, or do anything similar, any payment you make to us. If any payment you make is cancelled, reversed, revoked, or similar (including any claim under the Direct Debit Guarantee), that payment shall be deemed as having never been made to us.
- If you change address, you may transfer the services to your new address on payment of a moving fee described on our web site or else notified to you, subject to service being available at your new address.
- If the service has a Minimum Term and you wish to terminate within that Minimum Term, you must pay us in full for the remaining period of that Minimum Term before you attempt to terminate.
Overpayments and credit balances
- If you send us money that you do not owe us, such as an over-payment or a payment when there are no outstanding invoices, we will hold this as money on your account. You can ask for that money back at any time and you agree that that money is not an advance payment in respect of specific future equipment or services. We do not pay interest on this money. If we invoice you for any equipment and services then we will, at that point in time, apply this money towards paying that invoice.
- If we ask for a deposit with your order and you pay it, this is placed on your account as an advance payment. If the order cannot be completed and your deposit is refundable, we will return it to you promptly following your request, less any amounts you owe us.
- If you have a credit balance for a period of 6 years and we have not received from you a request for the return of that balance, we will write off the balance, and you agree the sum is a gift to us.
- Our Customer Complaints Code is available on our web site at https://www.lonsdalenet.co.uk/customer-complaints-code/. If you wish to complain, you must follow the Customer Complaints Code.
Cancelling this agreement
- This clause 17 only applies if you are a consumer.
- You have statutory rights to cancel an order (and this agreement, as it applies to that order or the services) soon after entering into it. Your cancellation period for services ends at the end of 14 days after the day on which you order the services.
- If you wish to cancel during this period, you must inform us of your decision to do so. You may do so, if you wish, using the model cancellation form available on our web site.
- We are not permitted to provide services to you within the cancellation period unless you have made an express request for us to do so. You acknowledge that one order may comprise multiple separate services, which may be performed at different times.
- If you wish to cancel a service having asked us to provide it within the cancellation period, you must pay us for the services we have provided. Where a service has an installation fee, if you cancel installation within three clear days before installation is due to place, you must pay the missed appointment fee. If you have already paid an installation fee, this is not refundable. You must also return any equipment provided as part of your order.
Terminating this agreement
- Provided that you have paid all sums due, you may terminate this agreement at any time by giving us at least 30 days’ notice. This agreement will terminate automatically 30 days after we receive your notice, or on the date you specify in your notice if this is later than 30 days. If you wish for us to provide you with service after the scheduled date of termination, we may (but are not required to) agree to do so, and if we do agree to do so, we may require you to enter into a new contract with us, with a new Minimum Term.
We may terminate this agreement immediately by notifying you if:
- we are entitled to do so under this agreement;
- you commit a material breach of an obligation under this agreement; or
- we reasonably suspect that you cannot, or are not required to, pay your invoices.
- We may terminate this agreement and/or any services at any time and for any reason by giving you 30 days’ notice of such termination. If we choose to terminate a service under this clause 18.3, we will not charge you an early termination fee if you are within that service’s Minimum Term.
- Cancellation, termination or expiration of this agreement or any services shall not affect any rights, obligations or liabilities of either party that have accrued before termination or that are intended to continue to have effect beyond termination or expiration.
- On cancellation, termination, or expiration of this agreement, you will automatically, immediately, and irrevocably, lose access to (and will not be able to recover) any telephone numbers we have allocated to you. We shall not be liable for any losses to you arising from this. If you wish to move your phone number to another provider, you must ensure that it has transferred across to your new provider and verify that it is working with them before the date on which our service cancels, terminates, or expires. If you do not do this, we will not be able to transfer your phone number and you will lose use of it.
- You are expressly advised that cancelling your Direct Debit or transferring any telephone number(s) away from us does not amount to termination of this agreement. You must terminate in accordance with clause 18.1.
Varying this agreement
- We can vary this agreement, including as to price, at any time. You cannot.
- If we vary "list prices", such as the prices for calls, we will update the relevant page on our web site, and the variation will be effective as of the time of the variation (unless otherwise notified). We typically update call pricing on the first day of each month.
- If we increase the price of your service where the increase is limited to us passing on an amount equal to any increase in the rate of Value Added Tax or any other directly and specifically applicable taxation charge or regulatory levy imposed by mandatory provisions laid down by government or regulatory authorities, payment of which is compulsory, we will notify you by email, and the variation will be effective as of the time at which we send the email (unless otherwise notified).
- For any other variations, we will give you at least 30 days’ notice by email or on your invoice. If we do not receive your notice of termination of this agreement within 30 days of the day on which we send notified you, you are deemed to have agreed to the variation.
- Nothing in this clause affects your right to terminate the agreement, at any time, under clause 18.1.
- Where, in this agreement, we say that you will indemnify us from something, it means that you agree to fully indemnify and keep us fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by us and arising from that thing.
You will indemnify us from:
- your breach of this agreement, non-compliance with the terms of this agreement (other than in respect of payment) by your users, and your negligence, or other act, omission or default;
- the operation or break down of any equipment or software owned or used by you;
- any claim brought against us by any third party alleging that its intellectual property rights are infringed by the use by you of the services, equipment, or any software we provide to you; and
- your use or misuse of the services, equipment, or any software we provide to you.
- In clauses 20.2.1 - 20.2.4, references to "you" and "your" include your users, and anyone else who makes use of the equipment or services.
Limits on liability
- If you are not a consumer, and unless we have said differently elsewhere in this agreement, all conditions, warranties or terms which might have effect between you and us, or be implied or incorporated into this agreement (whether by statute, common law or otherwise) are excluded to the extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
- Neither party limits or excludes its liability to the other for personal injury or death caused by its negligence, for fraud or fraudulent misrepresentation, or for any matter for which, at law, a party cannot limit or exclude its liability.
- You do not limit or exclude your liability for any indemnities in this agreement, or for sums due under it.
Our total liability to you in respect of all breaches of this agreement by us is a "money back guarantee", meaning the lesser of:
- a pro-rata sum of the price you paid for the service(s) to which the breach relates, for the period in which we were in breach of this agreement; and
- the amount you paid for those services for the month in which you notified us of the breach, excluding any installation, set-up, fault-repair, or engineer fees, or other non-recurring charges.
You agree that:
- our limitation of liability in clause 21.4 applies to any compensation or damages awarded through our alternative dispute resolution scheme, or any other basis;
- you must not seek, or accept, or look to recover from us, any compensation or damages above this limit of liability; and
- you will neither ask for nor accept compensation for any matter which is not a breach of this agreement.
Subject to clauses 21.1 - 21.3, neither party shall be liable to the other for special, indirect, or consequential losses, nor for the following types of loss, whether direct, indirect, special or consequential, in each case however caused:
- financial loss (other than in respect of sums due from you to us under this agreement), including loss of profits, earnings, business, goodwill, business interruption;
- expected or incidental losses; loss of expected savings; loss of sales; failure to reduce bad debt; reduction in the value of an asset; and
- loss of, or corruption to, data.
- You agree that the limits of liability in this agreement are fair and reasonable.
Events outside reasonable control
- Neither party will be liable to the other for any delay or failure in the performance of that party’s obligations caused by events outside that party’s reasonable control, but only if that party promptly notifies the other of the circumstances of the event. This clause 22.1 does not apply to your obligation to pay any sums due under this agreement.
- We may notify you by email, or by posting an updating on our web site or status pages.
- If the event persists for 30 days or more, the party not affected by the event may give notice to the other to terminate this agreement with effect from a date specified in the notice without penalty or other liability (except for any liability on your part to pay any sums due under this agreement).
Any notice (except for the service of court proceedings) shall be sent to the other party by any of the following methods:
- by email to the receiving party’s nominated email address for service. In our case, this is detailed on our contact page on our web site. This includes communications relating to service migration. In your case, this is the email address which you have provided to us for sending invoices; or
- by a signed-for postal service which provides proof of delivery.
- If you want to change your email address for receipt of notices, you must notify us and the change will take effect from the date on which we confirm that we have changed your email address.
Both parties consider that notice has been given:
- in the case of email, for us notifying you, one clear day after the time at which we sent the email;
- in the case of email, for you notifying us, one clear day after you receive confirmation from us that we received such notification; and
- in the case of signed-for post, two Business Days, or for international mail, five Business Days after posting.
Notice for the service of court proceedings shall be by a signed-for postal service which provides proof of delivery, or by courier, and such notice shall be addressed:
- to us, addressed to the Managing Director, and sent to our registered office address; and
- to you, to the most recent address which we have on file for you or, where no such address exists, to an address which we reasonably believe is linked with you. We may instead serve you by email, if we are not reasonably able to serve notice to you by post or courier.
- You must obtain and retain proof of sending of any notice, and you must provide this proof of sending to us promptly on request.
- Any notice (except for the service of court proceedings) shall be sent to the other party by any of the following methods:
Dispute resolution procedure
Each party shall deal with any disputes or claims arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) as follows:
- the issue in dispute shall be referred for discussion to, in your case, the main account holder, and in our case, a director.
- Subject to clause 24.3, if, after exhausting the procedure set out in clause 24.1, the dispute is still not resolved, you, or we, may bring a claim before the courts of England. Each party agrees to the exclusive jurisdiction of the courts of England in respect of any claim, dispute or matter arising out of or in connection (including non-contractual claims) with this agreement. If you are a consumer, you may instead bring a claim before the courts of the part of the United Kingdom in which you reside.
- Clauses 24.1 and 24.2 do not affect our, or your, ability to seek an injunction, or other appropriate interim relief, from the courts of England (or, if you are a consumer, from the part of the United Kingdom in which you reside). Either party may do this without exhausting the dispute resolution procedure.
- Each party shall bear its own costs for this dispute resolution procedure, up to the involvement of the courts. Costs related to the involvement of the courts shall be at the court’s discretion.
- You agree that the allocation of risk in this clause 24 is fair and reasonable having regard to all the circumstances.
- Each party shall deal with any disputes or claims arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) as follows:
Alternative dispute resolution
In addition to your rights under clause 24, you may refer a dispute to our alternative dispute resolution scheme, of which details are available on our web site, if:
- you are a domestic or small business customer, as defined in Ofcom’s General Conditions of Entitlement; and
- you are entitled to refer the dispute to our alternative dispute resolution scheme.
- If you are not entitled to refer the dispute to our alternative dispute resolution scheme, you must not do so or attempt to do so. If you breach this clause, you shall be liable for any costs we incur (including our legal fees, and any compensation the alternative dispute resolution scheme requires us to pay to you) as a result of your breach.
- If you refer a dispute to our alternative dispute resolution scheme and the scheme does not decide in your favour on all aspects of the dispute, you shall be liable for any costs we incur (including our legal fees) in engaging with the alternative dispute resolution process.
- In addition to your rights under clause 24, you may refer a dispute to our alternative dispute resolution scheme, of which details are available on our web site, if:
- A person who is not a party to this agreement has no rights under this agreement. This includes any users you may have.
- If any part of this agreement is found to be invalid or unenforceable by any court, this shall not affect the other provisions of this agreement and those provisions shall remain in full force and effect.
- If a party fails to exercise a right or remedy, this failure shall not prevent that party from exercising that right or remedy subsequently for that or any other incident.
- A waiver of any breach or provision of this agreement shall only be effective if made by email or in other writing.
- We may assign, transfer, charge, sub-contract or deal in any other manner with any of our rights or obligations under this agreement. You may not do these things without our prior written consent.
- Nothing in this agreement establishes any partnership, joint venture, or agency. You shall not hold yourself out as being an agent, partner, representative or otherwise being entitled to bind us.
The nature of our service
- Unless we have agreed to provide you with an "uncontended" service, the service is competitive and at times, due to congestion within the network, the speed of service may be reduced.
- The service will not work without power. You are responsible for providing a suitable supply of electricity. We are able to supply, at a cost detailed in our price list, a battery backup unit to keep your equipment working in the event of a short power failure (e.g. for the purpose of maintaining access to any internet telephone services, including our own). These will be provided and installed free of charge for any customer we identify as being vulnerable and reliant on their phone service.
- You do not own any IP addresses which we allocate to you. Any IP addresses we allocate to you remain our property.
- We reserve the right to change (including reduce) any IP address assignment. We shall use reasonable efforts to give you reasonable advance notice of a change.
- We may register you as the contact for the IP address range in RIPE, or other relevant IP management authority.
- You must comply with any terms imposed by Internet registries, including RIPE, for IP addresses.
Filtering and usage restrictions
- We do not provide a "parental-control"-type filtering service to restrict or limit access to anything on the Internet. We may, on request and at a charge, assist you to configure your router to apply filtering.
- By default, we block certain ports (such as port 23, often used for telnet). You can contact our support team to request that these are unblocked.
- We may choose to restrict the types of content and services which you can access, distribute, or make available, where necessary to preserve the integrity and security of the network, the networks, or connected equipment, or to prevent or mitigate network congestion. We may also block access to online services where we are required to do so by law, or as part of cross-industry initiatives.
You must not use the services:
- in a way that breaches any law or any licence applicable to you, or that is unlawful or fraudulent.
- to transmit or knowingly receive, any information which is abusive, offensive, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights or applicable laws, rules or regulations.
- to send, or procure the sending of, any unsolicited advertising or promotional material.
- in a way that does not comply with any instructions we have issued.
- to transmit any material or files that contain any viruses, trojan horses, worms or any other harmful software.
- to impersonate another person or use a false name or a name that you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications.
- to transmit files that contain anything not owned by or licensed to you, or collect personal information about others (e.g. names / addresses) without their consent or otherwise do anything which would infringe any third party’s rights.
- damage, interfere with, or disrupt access to the services or do anything which may interrupt or impair the provision of services to third parties.
- unless you have subscribed to an alternative, dedicated, or uncontended service which expressly permits unlimited usage, make excessive use of services to the detriment of others using the network including without limitation by continuously streaming video or audio, or video / audio conferencing continually.
- We do not do any traffic shaping, but we do prioritise some services (including DNS and VoIP). This prioritisation does not impact on service quality.
- If your service has a usage allowance, that usage allowance will reset at the start of each billing period or, where a billing period is based on multiple months, at the start of each calendar month.
- If you exceed your usage allowance before the end of a billing period for two consecutive months, we will automatically upgrade you to the next tier of service (e.g. for consumers, from "Lite" to "Max"), and, from that point on, you must pay the charges associated with that new tier.
- We may restrict the speed of any services with a usage allowance once the allowance has been reached, until the next billing period or calendar month.
Free ancillary services
- We may, from time to time, provide free ancillary services, such as DNS resolvers, outgoing mail smart hosts, or a NAT64 gateway.
- We may vary, suspend, or terminate these services at any time, without notice.
- If you use these services, you do so at your own risk, and, subject to clause 21.2, we are not liable to you for any losses you may suffer as a result of your use of them.
Important: Emergency services access
- Our telephony services generally permit access to the emergency services. However, they are Internet telephony services, and these are dependent on your connection to a suitable data network (such as the data services we offer), the operation of that data network, and operation of your equipment (which will not function in the event of a power outage unless you have suitable battery backup equipment). If you do not have a connection to a suitable data network, or your data network or equipment is not functioning correctly (including where we or another provider have suspended your data services e.g. because of non-payment), you will not be able to use the telephony services, including for the purposes of making calls to the emergency services. You must consider this and made appropriate arrangements.
- We will, where possible, pass your location information to the emergency services. This location will be the location you have informed us the service is used from.
- By default, you can only access our telephony service from the IP address associated with the broadband service we provide to you, but you can ask us to change this. If you do change this, and you expect to use our telephony service from multiple locations, we recommend that you register and update the location information associated with it whenever you access the telephony service from a new location.
- You may be required to confirm your location to the emergency services (e.g. where you are using the phone service from a location other than the one registered with us).
- You do not own any phone numbers or other identifiers which we allocate to you.
- While we will use reasonable efforts to avoid doing so, and to give you such notice as is possible and reasonable in the circumstances if we intend to do so, we may change the phone numbers or other identifiers allocated to you. We are not responsible for any costs or losses suffered by you if we do so.
Responsibility for telephony usage
You are liable for all calls, messages, data, and any other usage irrespective of whether or not they were generated or authorised by you or your users, and including those generated as a result of fraudulent activity by a third party. Please note that you are at greater risk of this kind of activity if you ask us to let you use our phone services from any IP address. This includes any usage which:
- originate from or appear to us to originate from your network;
- originate from or appear to us to originate directly from you; or
- present to us with your identifying data (including, but not limited to, your username and password),
- You are responsible for keeping your account credentials secret and for securing your network and equipment. If you become aware of a compromise, you must immediately change your account password(s) and other security devices and notify us. This does not limit your responsibility and liability.
- We may take steps to identify apparent fraudulent activity on your account and automatically suspend your service for outgoing calls if we find such activity. We will contact you (by email) if this happens.
- You are liable for all calls, messages, data, and any other usage irrespective of whether or not they were generated or authorised by you or your users, and including those generated as a result of fraudulent activity by a third party. Please note that you are at greater risk of this kind of activity if you ask us to let you use our phone services from any IP address. This includes any usage which:
Calling line identification facilities (CLI)
- You must not send CLI data which Ofcom would regard as invalid or non-diallable.
- If you send invalid or non-diallable CLI, you indemnify us from this.
- We may attempt to detect invalid or non-diallable CLI data, and we may block calls which appear to us to have invalid or non-diallable CLI data. This may affect incoming and outgoing calls. We are not responsible for any losses which you might suffer as a result of this.
- By default, we will present your CLI to any party you dial using our phone services. You can opt to withhold your CLI using a code dialled before the number you are dialling, or for all calls.
- Unless compelled to do so, we will not include your personal data in any directory. If compelled to do so, we may pass our costs in fulfilling the request on to you.
- You can purchase a printed telephone directory from us for any geographic area. You acknowledge that will fulfil any such purchase by buying the relevant directory from BT, and providing it to you once we have received it from them. We will charge you for our time and costs in addition to the price we pay to BT. We recommend that you buy a directory directly from BT, if you want one.
Telephony service limitations
- You agree that we are not required to provide you with access to numbers or ranges, where is it not technically and economically feasible for us to do so.
- We set a default credit limit of £50.00 (excluding VAT) on all phone accounts. This limit is reset when we produce each bill for that service. If this credit limit is met or exceeded, you will be unable to make calls other than to the emergency services or our office. You can request a higher limit, but this is at our absolute discretion. You can request we reduce your limit at any time.
Moving your phone number to or from another provider
- We charge for number portability whether inbound (bringing your existing number to use) or outbound (taking a number we have assigned to you to another provider) in accordance with our price list.
- If you wish to move your phone number to another provider, you must ensure that it has transferred across to your new provider and verify that it is working with them before the date on which our service cancels, terminates, or expires. If you do not do this, we will not be able to transfer your phone number and you will lose use of it.
- You must not use the services in a way that constitutes artificial inflation of traffic (as set out in Annex E of BT’s Network Charge Control Standard Interconnect Agreement).
- You indemnify us from any fraud or artificial inflation of traffic.
Equipment we supply to you
- We supply two types of Equipment. These are Equipment which we sell to you, and Equipment which we loan to you.
- If we supply you with a router, this is sold to you as part of your package.
Any Equipment which we supply to you but which you do not expressly buy from us — such as any Equipment installed at your property to connect to our network (including Equipment on the property’s roof to receive our fixed wireless service, ducting, cabling, and any sockets), and including any Relay Equipment — is loaned to you, and remains our property, and you grant us a wayleave (and any such other permission as we might need) in respect of the premises at which the Equipment is installed with such rights over the premises as are necessary, reasonably to gain access to the premises and Equipment in the execution of the rights granted under this clause 41.3 including:
- install, keep installed and operate the Equipment in, on, under, over or through the property and to connect to a power supply;
- in any situation we reasonably consider to be an emergency, at any time, without notice to you, access the property and the Equipment to deal with the emergency;
- inspect, maintain, adjust, repair, decommission and power down the Equipment;
- upgrade the Equipment, and to alter the Equipment whether or not by the addition of extra Equipment;
- remove the Equipment as required or entitled so to do under this agreement on or after the coming to an end of this agreement; and
- carry out any works necessary for any of these purposes,
- For Equipment we are selling to you, or have sold to you, the Equipment remains our property, and title remains with us, until we have received your payment in full for it. You agree to return any such Equipment to us (or, at our discretion, to make available the Equipment for us to collect), promptly following a request from us.
- For Equipment we loan to you, the Equipment remains our property, and title remains with us.
- Risk in Equipment passes from us to you from the point at which it is delivered to your property (or other address nominated by you).
- You must not permit a bailiff, or other similar person, to take, or make part of a controlled goods agreement or similar, any Equipment which we own. You must make them aware that Lonsdale Network Services Ltd, and not you, owns the Equipment. If they attempt to take, or take control over, the Equipment, you must notify us immediately.
- We have the right to require, at no charge to us, that you permit us (and, if you require permission from a landlord or other property owner or licensor, to use your best efforts to obtain permission from them) to install and maintain at your property all Relay Equipment as we may wish to install from time to time, in addition to standard equipment used to receive service. We will notify you of this in writing and require a signature from you before we agree to provide services to you or to continue providing services to you where we already provide you with services. We are entitled to terminate this agreement if you we do not receive evidence of unconditional permission in a timely manner.
- All Relay Equipment remains our property.
- We may need to maintain (including remove, alter, resite, or renew) the Relay Equipment, and install new Relay Equipment, from time to time at our discretion. In order to do this, we require reasonable access to your property, and you agree to allow such access on the same terms as set out in clause 44.2.
You agree to:
- take reasonable care of the Relay Equipment in accordance any guidelines with give you.
- not alter the position of the Relay Equipment.
- inform us immediately of any loss or damage to any part of the Relay Equipment by contacting us using the contact details available on our web site or otherwise made available to you.
- pay for any electricity consumed by the Relay Equipment.
- maintain a continuous supply of electricity to the Relay Equipment if we tell you that this is required.
- If you want us to remove, alter, relocate, or otherwise change the Relay Equipment or its siting, you must give us six months’ written notice. Notice of termination of this agreement is deemed not to be notice that you want us to remove any Relay Equipment, unless you expressly state otherwise in your notice of termination. You are not able to give us notice under this clause while you have any active services with us.
You must comply with your obligations under this clause 43 until the earlier of:
- the point at which we have fully removed the Relay Equipment; and
- the expiry of six months from your written notice under clause 43.5.
Before you sell or otherwise transfer ownership of the property at which we have installed Relay Equipment, you must:
- notify us of your intention;
- make the purchaser aware of the Relay Equipment (and our ownership of it) and
- use your best efforts to secure that any purchaser grants to us rights equivalent to those set out in this clause 43.
- The clause survives termination of this agreement.
Installation of equipment
- We need to install Equipment at your property before you can receive the service, and we will agree a date with you for installation.
When our installer attends to install the Equipment, you must ensure that:
- the installer is able to access your property; and
- a responsible adult is available to supervise the installation and to make decisions about where Equipment should be placed.
- If you do not comply with clause 44.2, the installation will be abandoned, and we may charge you a missed appointment fee.
- If you need to change or cancel any appointment date, you must notify us at least three working days prior to the scheduled appointment. Otherwise, we may charge you a missed appointment fee.
- The installation of the Equipment may require certain wayleaves, consents or permissions (e.g. from your landlord). You must ensure that you have obtained all necessary wayleaves, consents or permissions before the Equipment is installed.
- The installation service that is provided assumes that, other than the Equipment, no additional cabling, brackets or equipment is required nor any works required which are beyond the scope usually required in a normal installation. If additional cabling, brackets, equipment or work (including, by way of example, any lightning protection equipment you may advise that you wish to have installed) is required then you will be charged for an additional sum to reflect this. We, or our third party installer, will advise you of such charges before the Equipment is installed allowing you to choose if you wish to go ahead. If you choose not to go ahead, we may charge you a missed appointment fee. The rights and permissions set out in clause 41.3 apply to any such additional Equipment.
- You are responsible for any contractual arrangement(s) you have with current suppliers, and cancelling any service you have with them should you wish to do so.
- If we are unable to connect you to our services (e.g. because you do not have a strong enough wireless signal from one of our masts), no charges will apply for the service we were attempting to connect.
- You must pay any applicable installation charges at the point of installation using a credit or debit card.
- You indemnify us against any damage our staff or contractors cause to your property during installation (e.g. chunks of mortar falling from the property when drilling a hole for cabling through your wall).
- If, in our reasonable opinion, we consider that installation of any Equipment requires work from you (such as laying ducting / cabling from the edge of your property to the place where the Equipment is to be installed), we will agree with you what is required (including the route this must take across your property, and any minimum specification), and you must ensure that the work is done in accordance with our agreement and in a timely manner, and unless agreed otherwise, at the latest within 30 days following our agreement.
- At the point of installation, you transfer to us ownership of any ducting / cabling laid by you for the purpose of delivering services under this agreement or for the installation of any Equipment (whether under clause 44.11 or otherwise). The subject matter of this transfer becomes "Equipment" for the purpose of this agreement, and the rights and permissions set out in clause 41.3 apply to that Equipment. (One of the implications of this is that, if you move house, you must leave the equipment behind, as it is ours, and not yours.)
- Where installation of the service or any Equipment is, will be, or has been, funded or part funded by a subsidy scheme or similar, you must follow any processes required by that scheme in full. This will depend on the scheme, and may include filling in forms, confirming installation has taken place or providing access to a representative from the scheme to validate the installation. If you fail to do this in a timely manner (and, in any case, within 7 days of a request) or if your action leads (in whole or in part) to loss of all or part of the subsidy, you become liable to us for the full value of the subsidy. Where your action or inaction impacts in any way subsidy claims for other customers, you are liable for the full value of lost subsidy for those other customers.
- If you wish to move your service from one property to another (e.g. you move house), we may charge you for the installation of Equipment at your new property. These costs will be as set out on our web site, or else as agreed with you.
12 month warranty
- We offer a limited 12 month warranty on Equipment which we sell to you. This covers faults due to defective materials or workmanship. It does not cover damage, misuse, cosmetic issues, or anything outside our reasonable control.
- If you notify us of a problem with the Equipment within the 12 month warranty period, and we determine that the problem is covered by the warranty, we will repair or replace (at our choice) the Equipment. This is your sole remedy.
Equipment to remain after this agreement ends
- Even if this agreement is terminated, you permit the Equipment to remain installed at your property.
- This clause survives termination of this agreement.
Obligations in respect of Equipment
- You must take all reasonable steps to avoid causing radio or electrical interference with the Equipment.
You must not:
- unplug or disconnect;
- paint or decorate; or
- move, tamper with, or otherwise interfere with the Equipment.
- If you wish us to remove the Equipment and we agree to do so, we may charge you for this in accordance with our price list.
- This clause survives termination of this agreement.