Volts Internet Service Terms and Conditions

1. DEFINITIONS

1.1.      In these Terms and Conditions the following words and phrases shall have the following meanings;

“Fair and Acceptable Use Policies" means the policies set out on the Company's Web Site relating to the use of the Services, as modified or amended from time to time;

"Account" means the Customer's account with the Company for provision of the Services;

"Agreement" means these Terms and Conditions of Supply, the Customer Application Form, Fair and Acceptable Use Policies, Price List, and the Privacy Policy, all of which, taken together, make up the agreement between the Company and the Customer for the supply of the Equipment and/or Services;

"Charges" means the charges payable by the Customer in return for the Services and/or Equipment;

"Company" means Volts Internet of The Cottage, Wheal Frances, Goonhavern. Truro TR4 9NR

“Our Web site" means the Web site at http://www.voltsinternet.com.

"Customer" means the person, group of persons or other entity whose name and address is or are stated on the Customer Application Form;

"Customer Application" means the application form for the supply by the Company of the Equipment and/or Services, as stated in the order form signed by the Customer;

"Equipment" means the equipment specified on the Customer Application;

"Law" means the law of England and Wales, especially, but not restricted to the laws governing criminal law, laws relating to intellectual property and all laws, rules and/or regulations relating to the publication or transmission of information or data in electronic form. References to "Law" shall be construed accordingly;

"Minimum Cancellation Notice Period" means the minimum period of notice that a Customer must give the Company to terminate a Service or this Agreement, as set out in these Terms and Conditions and Customer Application Form;

"Minimum Service Period" means the minimum Service Period as set out in these Terms and Conditions;

"Network Connection" means an Internet access service for use by multiple machines;

"Price List" means the Company's price list relating to the Equipment and/or Services set out on its Web site, as amended from time to time;

"Privacy Policy" means the Company's policy regarding privacy, set out on our Web site, as amended from time to time;

"Service Period" means the period of an individual Service provided in accordance with this Agreement;

"Service" means a service provided by the Company to enable the Customer to gain access to the Internet as specified on the Customer Application. "Services" shall be construed accordingly;

"Terms and Conditions" means the Company's terms and conditions (if any) applicable to any part of the Services referred to on the Customer Application;

"us" or "we" means the Company, and references to "our" shall be construed accordingly;

"you" means the Customer, and references to "your" shall be construed accordingly.

2. THE SERVICES

2.1. We shall provide you with the Services and/or the Equipment subject to the terms of this Agreement.

2.2. We shall not be obliged to provide the Services and/or Equipment to you unless and until;

a) we have sent written notice to you (either by post, or e-mail) of our acceptance of the Customer Application; and

b) we have received any initial Charges due from you in respect of the Services and/or Equipment.

Acceptance of the Services and/or Equipment by you constitutes your automatic acceptance of the terms and conditions of this Agreement.

2.3. We will provide you with general Internet access to the Customer network boundary only and will not be held responsible for the network beyond that point, (such as to individual workstations on the Customer network.

2.4. We will make every endeavour to ensure that the Service is of a high quality. In order to maintain the quality and safety of the Service, and any other services which we provide to our customers, we may from time to time suspend, close down or restrict the whole or any part of the Service in order to carry out emergency or other repairs, maintenance and/or improvements or to prevent overload of the network or to preserve the safety, security or integrity of the Service and any Internet traffic conveyed (although we will give you as much notice as is reasonably practicable before doing so. You agree to comply with any instructions we may give you in accordance with this Clause.

2.5. We will notify you as soon as possible if either we or our agents, employees, representatives or anyone else involved in providing the Services and/or the Equipment, require access to your premises, to install the Services and/or the Equipment or to carry out repairs, maintenance or upgrades. Where such notice is received by you, you agree to grant us and/or such other persons referred to, access to your premises. We will meet your reasonable requirements, and you agree to meet ours, concerning the safety of people on your premises.

2.6. You agree to be bound by these terms and conditions;

a) by signing the order form or agreement and/or

b) by your use of the Service and/or

c) by allowing others to use the Service

3. TRIAL PERIOD

3.1. The Trial Period begins on the date of successful installation and Service activation and lasts for thirty (30) calendar days.

3.2. The Trial Period is not available for customers or other connections with non-standard installation that incur additional charges which are greater than £200+VAT.

3.3. If you are not satisfied with the Service within this period, you can terminate your contract providing you give us written notice to do so, to the addresses stated on our website, within the Trial Period.

3.4. You must pay all Charges incurred during this first 30 days including any installation Charges or Service charges. If you cancel this agreement within the first 30 days you will not be subject to the early termination fee.

3.5. Any equipment provided as part of the Service remains our property and we reserve the right to recover this equipment. You must allow us suitable access to recover this equipment within a timely fashion, no later than 2 weeks after your notice of cancellation.

4. MINIMUM SERVICE PERIOD

4.1. We will activate the Service, as soon as possible following installation.

4.2. Unless otherwise terminated or suspended in accordance with this Agreement the Service shall be provided for a Minimum Service Period of 24 months from the date of activation.

4.3. On expiry of the Minimum Service Period the Services will, unless terminated on or before the date of such expiry, automatically renew on a basis of a monthly rolling contract.

5. CHANGES

5.1. We aim to provide the Services for the relevant Service Period. However, we may have to modify, suspend, vary or discontinue the whole or any part of the Services and will endeavour to give you as much notice as is reasonably practicable if we need to do so.

5.2. We may have to change the terms and conditions of the Agreement. Where this is necessary we will publish details of all changes on our website before they take effect.

5.3. We will endeavour to let you know about any change referred to in Clause 5.2 at least one month before it happens. However, if we need to make changes, as soon as possible, for regulatory or legal reasons, we may be unable to meet that timescale. In those circumstances, we will let you know about any changes as soon as we can.

5.4. If we have made a change to your significant disadvantage and you decide to terminate this Agreement early, you will not have to pay Charges in relation to the Services, for the remainder of the Minimum Cancellation Notice Period.

6. INSTALLATION

6.1 To enable a customer to receive the Volts Internet Service our engineers attach an Access Radio Receiver, by way of a mounting bracket, to the brickwork of the house (usually) and provide up to 30 metres of CAT5 or CAT6 cable to connect the dish to a termination point inside the premises. A small hole is drilled into either masonry or wood (maximum depth of 300mm) to allow the cable to pass through to the inside of the premises to enable connection to the Wi-Fi Router. The engineer will require access to two 13 Amp sockets with which to power the radio and the router.

6.2 You must ensure that you are either the owner, or have sought the permission of the owner or landlord or local authority, and have the necessary permissions (such as planning or listed building consent where required) for the installation of the equipment. We take no responsibility for your failing to receive such consent should such consent be needed.

6.3 During installation you need to have a person present who is at least 18 years of age and able to answer any questions made by our engineers or make decisions, where asked, regarding installation of the equipment.

6.4 It is the customer’s responsibility to ensure that the equipment they intend to use is of sufficient quality to use the service. Generally speaking equipment that is less than five years old will be sufficient. If you use devices older than five years old we cannot guarantee nor be held responsible for any potential adverse performance that arises from the use of these.

6.5 You must ensure that our engineer/s has/have a clutter free access and safe working environment in the location the installation is to take place.

6.6 If the above criteria is not met at the time the engineer/s attends to complete the work, resulting in the engineer/s being unable to conduct the installation we reserve the right to charge a failed appointment charge of £80 plus VAT.

7. YOUR EQUIPMENT, NETWORK AND DEVICES

7.1 If you connect the service to your Local Area Network (LAN) you are responsible for ensuring that your LAN does not adversely effect our network or equipment. Your LAN may include but not be limited to routers, wireless access points, computers, firewalls, tablets and phones. You are also responsible for any equipment that connects to your LAN with or without your knowledge. Our boundary to your network shall be the Ethernet port on the power supply of the Access Radio.

7.2 Volts Internet does not provide Technical Support for the equipment on your network (such as computers, tablets, smart television or other networked devices). Please consult an IT technician for assistance with these devices.

8. NETWORK MAINTENANCE

8.1 At certain times we may need to replace, repair, maintain or upgrade our core infrastructure beyond the customers premises to improve network performance. We will make every reasonable effort to provide notice of any planned maintenance work. Such notice will be issued on our Website.

8.2 In the event of emergency maintenance such work may need to be conducted immediately and as a result we may be unable to give notice of works but will make every endeavour to keep any interruptions to service at a minimum.

9. USE AND USERS

9.1 Use of our service is subject to our Fair and Acceptable Use Policy. You must abide by and agree to the terms stated in it.

9.2 You are responsible for all users who access the internet through the service provided to you.

9.3 You must make sure all users of the service also abide by the Fair and Acceptable Use Policy.

9.4 You are not permitted to resell, share or otherwise distribute any part of the service to any other users outside of your premises.

9.5 If, while using the Service, you discover that another person is using the Service, and failing to do so in accordance with the Agreement, you must inform us immediately.

9.6 You agree that you will, at all times and for whatever purpose, use the Service and/or the equipment in compliance with all Laws.

9.7 In addition to Clause 9.6, you agree that you will not use, and will take all necessary precautions to ensure that nobody else uses, the Service and/or the Equipment:

a) fraudulently or in connection with any criminal offence;

b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;

c) to cause annoyance, inconvenience or anxiety;

d) to "spam" or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;

e) in any way which, in our opinion, is or is likely to be detrimental to the provision of services to you or any of our customers, or to our business and/or reputation;

f) in contravention of any licences or third party rights, or in contravention of our Fair and Acceptable Use Policies; or

g) in a way that does not comply with any instructions provided to you;

9.8 You may use the Services to link to other networks world-wide, provided that you comply, at all times, with any policies and/or terms and conditions imposed by the operators of such other networks.

9.9 You agree that you will not perform or allow anyone else to perform any unauthorised IP or Port multicasting, spoofing, broadcasting, vectoring, filtering translation or routing.

9.10 Title to any Equipment we install will remain with us unless we provide a written statement that says otherwise.

9.11 Any fault with the Services and/or the Equipment, which you detect must be reported to us as soon as possible using the contact methods provided via our website.

10. PAYMENT AND CHARGES

10.1 It is your responsibility to pay any charges as invoiced. Failure to do so may lead to a withdrawal or suspension of your service.

10.2 Payment method for service is by Bank Direct Debit.

11. MINIMUM PERIOD

11.1 Minimum period of connection for customers is 12 months from date of connection.

12. CANCELLATION/TERMINATION

12.1 Customers may terminate this agreement by providing 30 (thirty) days written termination notice by e-mail or post to the address stated on our Website.

12.2 Termination of the agreement during the 30 (thirty) day Trial Period will be without penalty. If the Trial Period has expired you will need to pay for the remaining monthly charges until the end of the Minimum Service period.

12.3 If your service has been terminated due to a breach of contract within the Minimum Period you will need to pay for the remaining monthly charges until the end of the Minimum Service period.

12.4 You agree that we may suspend or terminate the Services and/or your Account and/or terminate the Agreement at any time, without prior notice or refund to you, and without affecting any of our accrued rights or claims, either:

a) where we reasonably believe that the Services are being used in breach of these terms and conditions and/or the Fair and Acceptable Use Policy.

b) for non-payment (when due) of the Charges or any other sum due from you under the Agreement or any other agreement with us;

c) for any other material breach of the Agreement by you;

d) where you are or you become Insolvent, or;

e. if an event outside of our reasonable control prevents us from providing the service for more than 30 (thirty) days;

You also agree that where this Agreement or your Account is terminated for any reason the Services will automatically terminate.

12.5 Either party may terminate the agreement by giving the other 30 (thirty) days written notice to the other.

13. IP Addresses.

13.1. You agree that all static IP addresses are allocated to you on a rental only basis and will remain our property at all times.

14. CHARGES

14.1. Except as otherwise provided in the Agreement, all Charges and other sums due from you in respect of the Services and/or Equipment shall be set out in the Price List and/or the Customer Application and/or the invoice relating to such Equipment and/or Services.

14.2. You shall pay the Charges (without any set off or deduction of any kind) on either a monthly, quarterly or annual basis as stated in the Customer Application and/or the Price List and/or the invoice referred to at Clause 14.1 above.

14.3. All amounts payable by you in accordance with the Agreement shall be exclusive of Value Added Tax ("VAT"), unless otherwise stated.

14.4. You agree that you will notify us as soon as possible of any change in your bank account details. Should you terminate the Services in accordance with this Agreement, it is your responsibility to terminate any standing order with your bank.

15. LIABILITY

15.1. You agree that, in view of their nature, your use of the Services is at your sole risk. Whilst we will endeavour to ensure that the Services are of a high quality, neither we nor any of our agents, contractors, licensees, employees or information providers involved in providing the Services, give any guarantee that the Services will be uninterrupted or free from error.

15.2. You agree that any such suspension or termination referred to above will not constitute a breach by us of the Agreement and that the Services are provided on an "as is" basis without guarantee of any kind.

15.3. You further agree that we will not be held liable for any costs, expenses, losses, damages or other liabilities which you may incur as a result of a suspension of the Services.

15.4. You acknowledge that the Internet is separate from the Services and that use of the Internet is at your own risk and subject to any applicable Laws. We have no responsibility for any goods, services, information, software, or other materials which you may obtain from a third party when using the Internet.

15.7. In no circumstances whatsoever will we be liable to you (whether in contract, or for breach of duty, or negligence or otherwise) for any indirect, incidental or special loss or damage or any loss of business or of contracts, profit, opportunity, goodwill, reputation, or anticipated savings, or for any loss or corruption of data which arises out of or in connection with any use of, or inability to use, the Services and/or the Equipment.

15.8. Nothing in this Agreement will limit our liability under Part I of the Consumer Protection Act 1987 or for death or personal injury caused by our negligence.

16. YOUR RESPONSIBILITIES

16.1. You agree that you will be responsible for and hold us and our agents, contractors, licensees, employees and information providers, involved in providing the Services and/or Equipment, harmless from and against any and all losses, claims, damages, costs, demands, expenses and other liabilities which we suffer as a result of any breach by you of the terms of this Agreement, and from and against any claim brought by a third party alleging that the use of the Services and/or the Equipment, by you or under your Account, has infringed any intellectual property or other right of any kind, or any applicable legislation or regulation (whether international or domestic) but excluding any liability which we face as a result of criminal prosecution.

16.2. You agree to pay all costs, damages, awards, fees (including legal fees), judgements and other sums awarded against, or agreed to be paid by, us in relation to such claims referred to at Clause 16.1 above. You further agree that you will, as soon as possible, notify us of, and forward to us all correspondence received by you in relation to, such claims.

16.3. You agree that the configuration of your internal network remains your responsibility. Any interruption to the Services resulting from such configuration shall not be regarded as an interruption in or suspension of the provision by us of the Services.

16.4. You agree that any equipment connected to or used with the Services will bear the European Consumer Equipment Standards "CE" mark. You will be responsible for ensuring that all such equipment is technically compatible with the Services and is used in compliance with all relevant instructions and safety and security procedures.

17. PERSONAL DATA

17.1. You agree that both we and our employees may hold all names and other information in the Customer Application, in a computerised database. You agree that such data may be processed and may, in certain circumstances, be supplied to and processed by our suppliers, to enable the provision and maintenance of the Equipment and/or Services.

17.2. If you request an IP assignment of eight or more real IP addresses we may add your contact details to the Reseaux IP Europeens database.

17.3. You acknowledge that we may, from time to time, be required under regulations and/or legislation to co-operate with and/or disclose data to, government or other bodies and/or authorities.

18. FORCE MAJEURE

18.1. You agree that we shall not be liable for any and all losses, (including loss of data) damages, costs, claims and other liabilities which arise as a result of any delay or interruption in, or any non-delivery, or missed delivery or failure of the Equipment and/or Services due to circumstances beyond our or any of our suppliers' reasonable control (including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).

18.2. Should any event, referred to at Clause 18.1 above, continue for more than 90 days, then either we or you may terminate the Agreement forthwith.

19. NOTICES

19.1. You agree to keep the contact details which you have provided to us up to date. Any notice or other information to be served by us on you in accordance with this Agreement will be validly sent if in writing and sent by either email or first class post to your last known email or postal address. Any notice sent by first class post will be deemed served two days after posting. Any notice sent by e-mail will be deemed served on the day that it is sent.

19.2. Any notice to be served on us must be in writing and sent either by pre-paid first class post to our registered office or to such other address as may be specified by us to you for this purpose from time to time. Any notice sent in accordance with this sub-clause will only be deemed served if and when you have received a written acknowledgement from us.

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