Terms and conditions for Mersinet Ltd
Our agreement with you comprises:
these terms and conditions, which cover the UKRTC broadband system and any equipment or software we may provide to you to enable you to use the service
the Acceptable Use Policies at www.abuse-guidance.com
The service we provide
1. The service we agree to give you is high-speed "always on" network access to the internet. We will provide it to you at the UK premises we agree with you (your premises).
2. The service is for home or business use.
Where do we provide the service ?
3. We will provide the service at the address you ask us to. However, if you later move, and we are able to provide the service at your new address, your agreement with us will continue.
What you need
4. In order for us to provide other Broadband services you will need:
a) A BT telephone line or other non-cable telephone line (over which we will provide the service);
b) a broadband modem or router and microfilters. You may buy this equipment from us, or other suppliers; and
c) a personal computer which meets our minimum requirements.
When does your agreement with us start ?
5. Your agreement with us is made when we accept your order.
Getting started
6. You will need to install the equipment referred to in paragraph 5, and you agree to follow any reasonable instructions, including security instructions, that we may give you about the service.
7. Before we can be certain that we can provide you with the service, we will need to successfully complete a line test and survey, and to successfully activate the service. If we are unable to do either of these, and so cannot provide you with the service, we will let you know as soon as possible.
8. If we have converted your BT Highway or ISDN line to a BT standard telephone line but are unable to provide you with the service, we will restore your original service to you at no cost.
9. Before activation you may lose your telephone service for up to two hours. This might happen because we are converting your line or installing exchange equipment, and your existing connection needs to be replaced to allow you to access the service. We will try to make any loss of service as brief as possible.
Quality of the service
10. We aim to provide a continuous, high quality service. In the unlikely event that things go wrong we will work on any problem that is reported to us.
Paying for the service
11. You agree to pay the charges set out on our site for the service and for any equipment you purchase from us. Charges for the service will be invoiced to you. We will send your first bill shortly after we provide the service. After that, we will send bills regularly, normally every month. Ebilling will be used whenever possible.
12. You also agree to pay all charges for the service whether you use it or someone else does, and as soon as you receive your bill.
Ending the agreement
13. We hope you will enjoy a high-quality service for many years to come. However, once we have activated this service, you may end this agreement at any time by giving us 8 days notice.
14. This agreement is intended to last for at least 12 months. However if the agreement ends during this period, you will have to pay rental charges for the remainder of the minimum period or you may buy the contract back at the cost of £50 + vat.
15. If you move home during the minimum period and we cannot provide the service at your new address we will not charge you for any outstanding rental on the remainder of the minimum period.
16. We can end this agreement by giving you one month's notice in writing.
17. Before we have provided the service, you may cancel this agreement. We will not charge you for the service, and will refund any payment you have made to us for equipment described in paragraph 5. You agree to return any equipment you have bought from us in the prepaid packaging we send to you.
Providing the service
18. You agree to follow any reasonable instructions that we may give you about the service. This includes giving us access to your premises.
19. You agree to get any permission needed from someone else, for example your neighbour or landlord, if we have to cross their land or put our equipment on their premises.
20. You agree to look after any of our equipment on your premises. If you do not do so, and the equipment is damaged, you agree to pay for any repair or replacement.
Using the service
21. Generally, our customers use the service responsibly, but it must not be used:
a) fraudulently or in connection with a criminal offence or in any other way which is unlawful;
b) in contravention of any licence or third party rights, or in contravention of our Acceptable Use Policies located at www.abuse-guidance.com as may be amended from time to time;
c) 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;
d) to cause annoyance, inconvenience or needless anxiety;
e) in any way which we reasonably think is, or is likely to be, detrimental to the provision of the service to you or any of our customers.
You agree to take all reasonable steps to make sure that this does not happen.
22. We take this kind of misuse very seriously. If we reasonably believe it has happened, we may take immediate action to suspend the service or end this agreement without telling you first, even if you were not aware of the misuse.
23. If we make software available to you, you agree:
a) that it is for your use only, and not to transfer it to anyone else, or to try to do so;
b) not to copy or modify it (unless you are allowed by law to do so); and
c) to access the service using only the software or in any other way allowed by us; and
24. You agree not to connect equipment to our network that may harm it or other customers' equipment. If you do, you must disconnect it immediately, or allow us to do so at your expense.
25. You accept that this agreement is personal to you and agree not to transfer it to anyone else, or to try to do so.
Using the internet
26. The service allows you to access the internet. You accept 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 you obtain when using the internet (including email). You also agree that you are responsible for ensuring your computer is adequately protected against viruses.
Changing this agreement
27. Sometimes, we will need to change our charges and the terms and conditions of this agreement. We will publish details of all changes on http://www.ukrtc.net before they happen.
28. We will also let you know about a change at least one month before it happens.
29. or changes we need to make to meet legal and regulatory requirements, we may be unable to meet these timescales. We will let you know about these changes as soon as we can.
30. If we have made a change to your significant disadvantage, you will not have to pay rental charges for the remainder of the minimum period if you decide to end this agreement early.
Changing your Broadband service
31. Unless you change to an extended Broadband service you may change from your existing service to another Broadband service covered by this agreement (the new service) free of charge twice in any 12 month period. Any further changes may incur a charge. Changing to BT Broadband Basic will incur a charge.
32. If you change your service, the minimum period for your agreement will be varied as follows:
a) If the minimum period for your existing service has been completed, then a new minimum period of three months will apply to the new service.
b) If the minimum period for your existing service has less than three months remaining, then a new minimum period of three months will apply to the new service;
c) If the minimum period for your existing service has more than three months remaining, then the period outstanding will be the minimum term for the new service.
33. Before we have provided the new service, you may cancel your order, and retain your existing service, and we will not charge you.
Other things we may need to do
34. Occasionally, for operational reasons we may have to interrupt the service. If we do so, we will restore the service as quickly as we can.
35. We may also have to alter code or access numbers or technical specifications, including any data transfer limits associated with the service. If we do so, we will give you as much notice as we can.
Our responsibility to you
36. We accept responsibility if you are injured or die as a result of our negligence. We will not limit this responsibility.
37. Unfortunately, we cannot guarantee that the service will never be faulty. However, if you suffer a continuous total loss of the service at any time after we have provided it, we promise to put things right by midnight on the second weekday (excluding public and bank holidays) after you have reported the fault to us.
38. If we do not do so, you are entitled to a rental rebate, for each day we are late in repairing the service. You will not be entitled to a rebate [ under these terms and conditions ] if the fault relates to your telephone line or due to equipment you have bought from other suppliers.
39. You will need to contact us to claim a rebate. The amount we owe you will be taken off your next bill, unless you ask us to send you a cheque.
40. Unless we are negligent, our only obligation to compensate you under this agreement is to pay you a rental rebate.
41. We have no obligation to compensate you for financial loss, for data being lost or corrupted, or for any loss that could not have been reasonably foreseen.
42. Except as described as in paragraph 36, we will not pay you more than £100 in compensation (even if we have been negligent) in any 12-month period.
Matters beyond our reasonable control
43. Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control. This could include very severe weather. In these cases, we do not accept responsibility for what has happened.
If you break this agreement
44. Other than for serious misuse described in paragraph 24, we will normally give you an opportunity to put matters right within a reasonable time if you break this agreement.
45. However, if you do not do so, we may suspend the service or end the agreement. We may also suspend the service or end the agreement if you break any other agreement you have with us and do not put matters right within a reasonable time. If we suspend the service, we will tell you what needs to be done before we reinstate it.
46. If you have not paid your bill, we will generally not suspend the service or end the agreement until 28 days after your payment was due (21 days if you pay monthly).
Other things we need to tell you
47. We may take instructions from a person who we think, with good reason, is acting with your permission.
48. If this agreement ends, we will pay back to you any money we owe you. We will first take off any money you owe us, under either this agreement or any other agreement between us.
49. When we need to contact you, we will use either your billing address or your email address. If you need to write to us, please use the address on your last bill or any other address we have given to you.
50. Our Basic Broadband service allows you the capability of transferring up to about 1GB of data per month, or approximately 10,000 images, 650 30-second videos or 200 music tracks. The Broadband 512K and the 1MB services allow you to have monthly data transfer allowances of 40GBs and 50GBs respectively. Charges will apply for data transferred in excess of these allowances.
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