Service Terms & Conditions

Please read these Terms and Conditions carefully as they deal with many important issues related to the now wireless broadband service and your ("You"/Your") rights and obligations.

You will be asked to click "Accept" before You enter into this agreement with us and by doing so You agree to be bound by these Terms and Conditions. If You have any questions regarding these Terms and Conditions before You do so then You can contact us as set out at clause 11 below.

The now wireless broadband service is provided to You by UK Broadband Limited, a subsidiary of PCCW Limited. UK Broadband Limited is a company registered in England and Wales, company number: 4713634 with its principal office at 1 Furzeground Way, Stockley Park, Uxbridge UB11 1BD. Further contact details are set out in clause 11 below.

These Terms and Conditions were last updated on April 1st 2006.

Definitions
The Service and Our Responsibilities to You
Your use of the Service and Your Responsibilities
Prohibited Use of the Service
Service Capacity and Usage
Your Obligation to Compensate Us
Privacy and Personal Data
The Contract Period and Your Cancellation Right
Payments and Fees
Service Provisioning Equipment
Installation and Configuration
Limits on Our Liability to You
Termination
What Happens on Termination?
General


Definitions

"Agreement" the Order Form and these Terms and Conditions;
"Commitment Period" the length of time for which You are committed to receive the Service as specified in the Order Form;
"Content" any still picture, series of moving images, music, data, information, and/or other material, goods or services that may be accessed or sent through the Service;
"Designated User" those other persons whom You have registered to be issued with separate usernames for login and passwords to access the Service;
"Fees" the fees for the provision of Service Provisioning Equipment, Software, installation (where relevant), Service, storage and any other relevant fees and charges current from time to time as specified in the Order Form or these Terms and Conditions (all Fees are quoted inclusive of VAT);
"Order Form" means:
(i) where You register online: the electronic order process used for registration to the Service on the mynow.co.uk website, the details of which are confirmed to You by email; and
(ii) where You register with Our customer service helpdesk or an authorised salesperson, the details given to You by such person before You register for the Service and confirmed to You by email;
"Service" the now wireless broadband service as described in the Order Form or any substitute service wireless broadband service You apply for which is accepted by Us;
"Service Provisioning Equipment" the equipment provided by Us to be used at Your premises to access the Service;
"Software" software which is supplied to You to access the Service;
“We/Our/Us" UK Broadband Limited, registration number 4713634 whose registered office is at 20-22 Bedford Row, London WC1R 4JS; and
“You/Your" the person with whom We are entering into the Agreement as specified in the Order Form.

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1. The Service and Our Responsibilities to You

1.1 We will provide You with:

1.1.1 the Service; and
1.1.2 the Service Provisioning Equipment, username for login and
password(s) required to access the Service.

1.2 We also hereby grant to You and Designated Users a non-exclusive and non-transferable licence to store, run and use the Software on Your computer or a Designated User's computer for personal use provided that You comply with these Terms and Conditions and the terms of any additional software licence that may accompany the Software.

1.3 We are constantly looking for ways to improve the services that We provide to Our customers. It is possible therefore that changes may be made to these Terms and Conditions, to the Service or to the Fees from time to time. Any such changes will always be posted on Our website and, where significant changes have been made, notified to You by email as soon as possible. Your attention is drawn to Your right of termination as detailed in clause 9 below.

1.4 Sometimes it is necessary for Us to suspend the Service in order to carry out necessary system maintenance, upgrading and/or repairs. Whilst We will try Our best to ensure that any such suspensions are notified to You in advance or are limited to short periods of time when usage of the Service is low, unfortunately, this will not always be possible and on occasions such suspensions may be beyond Our control.

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2. Your Use of the Service and Your Responsibilities

2.1 You agree that:

2.1.1 You are responsible for maintaining the confidentiality of Your Service password, login and user names and are responsible for all activities that occur under them. You agree to safeguard these and not to let any person other than a Designated Person use them to access the Service. We do not have the means to constantly monitor the identity of those using the Service and therefore We will not be liable where Your password, Username or Login are used by someone else.

2.1.2 You will notify Us immediately of any unauthorised use of Your password or login or any other breach of security when You become aware of it.

2.1.3 In relation to any Content which You or a Designated User uploads to the Service, You and/or such Designated User will be deemed to have granted to Us an ongoing and free licence that cannot be withdrawn to copy, distribute, publish and transmit such content as is necessary for the operation of the Service.

2.2 You also agree that You will pay Us all Fees (see clause 5 for details) and comply with the relevant provisions of this Agreement regarding the Service Provisioning Equipment (see clause 6 for details).

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Prohibited Use of the Service

2.3 You agree that neither You nor any Designated User shall in using the Service or distributing or otherwise using Content:

2.3.1 say or do anything that would cause annoyance, inconvenience, harassment or anxiety to others;

2.3.2 advertise or promote third party or Your own products or services or other information by way of the distribution of 'spam' mail;

2.3.3 use foul, threatening, offensive language, or sexually explicit language;

2.3.4 make insulting remarks to or about other persons;

2.3.5 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;

2.3.6 impersonate Us, another Service user or other person;

2.3.7 knowingly or recklessly transfer files that contain viruses, trojans or other harmful programs;

2.3.8 use the Service to conduct any fraudulent or illegal activity including, without limitation, any "pyramid scheme"; "ponzi scheme" or "chain letter";

2.3.9 access or attempt to access the accounts of other Service users or to penetrate or attempt to penetrate Our security measures or systems or those of other persons;

2.3.10 attempt to or actually alter, modify, adapt or translate the Software nor decompile, disassemble or reverse engineer the Software unless permitted by law.

2.4 Where You or a Designated User does anything that is prohibited by these Terms and Conditions (or fails to take action where required to do so) then We may take any or all of the following action at Our discretion:

2.4.1 although it is not Our policy to exercise editorial control over or to edit or amend Content before it is transmitted or made available through the Service, We may remove any Content or other material that, in Our sole discretion, may be inappropriate or We suspect to be illegal, may subject Us to liability, damage Our reputation or which may violate these Terms and Conditions or where We are required to do so by law;

2.4.2 issue You and/or Designated Users with verbal or written warnings or take such further action as We deem appropriate under these Terms and Conditions if such warnings are not heeded;

2.4.3 suspend or terminate Your and/or a Designated User's access to the Service without notice at any time;

2.4.4 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or

2.4.5 bring legal action against You or a Designated User or other user of the Service in relation to any breach of these Terms and Conditions or any illegal or suspected illegal activity.

2.4.6 To report any abuse of the service, please send an email to the following address abuse@mynow.co.uk

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Service Capacity and Usage

2.5. There are no specific download or upload limits imposed on You. However, in the interests of ensuring fair use of the Service for all Our customers, We may at our discretion require You to reduce Your download and/or upload usage where We consider it is excessive. Where this occurs We will ask You to reduce your usage. In extreme situations We reserve the right to suspend or terminate the Service, but not before giving You a reasonable opportunity to reduce Your usage first. For more detail on the fair usage limits, please read the frequently asked questions section.





Your Obligation to Compensate Us

2.7. You agree to compensate Us against any action, liability, cost, claim, loss, damage, proceeding, and/or expense (including legal costs) which We may incur as a result of: (i) Your or a Designated User's breach of these Terms and Conditions; or (ii) any theft, loss and/or damage caused to the Service Provisioning Equipment after it has been delivered to You (other than normal wear and tear from normal use).

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3. Privacy and Personal Data

3.1 Your personal data will be used, processed and stored in compliance with the Data Protection Act 1998. For details on Our policies go to Our Privacy Policy or click here.

3.2 You acknowledge that We may in the course of investigating any complaints or potential breaches of these Terms and Conditions or where required by law or regulation, access, monitor, store or copy Content or other material sent by or to You or a Designated User without further notice to You or that Designated User.

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4. The Contract Period and Your Cancellation Right

4.1 Where You register online We start processing Your order for the Service the moment that You click to submit Your order for the Service (or where you register with Our customer service helpdesk or an authorised salesperson, when You instruct that person to submit Your Order for the Service) and therefore this Agreement will commence as soon as You do so. The Agreement and provision of the Service will continue from this date for the Commitment Period and continue automatically after the end of this Commitment Period until it is terminated under any of the circumstances set out in clause 9. This is subject to Your right of cancellation which is explained in the next clause.

4.2 From the date You click to submit Your order for the Service, or complete the order with one of Our authorised salespersons, Your contract with Us will commence and Your order will be processed immediately. Where You have ordered online before 3.00pm GMT on any working day, Your welcome pack and the Service Provisioning Equipment will be dispatched to You in 24 hours. Your Order Form will specify to You a cancellation period during which time you can contact Us by phoning the Customer Support Helpline set out at clause 11 below to cancel this Agreement and the Service.

4.3 Where You cancel during the specified cancellation period set out in clause 4.2, You will be entitled to a full refund of all Fees paid by You to Us, excluding any special delivery charges. We require that You return the Service Provisioning Equipment and Software to Us as per clause 6.2.5.

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5. Payments and Fees

5.1 We will send You a monthly invoice to the email address You have registered with Us setting out the Fees that You owe to Us. You will be invoiced monthly in advance for the Service and monthly in arrears for all other Fees. The amount set out on the invoice will be deducted from Your account using the details You have specified on the Order Form no earlier than the date You receive the invoice. You must pay the amount set out on the invoice in full.

5.2 If You have any questions regarding an invoice that You receive or if You consider that it may be incorrect, let Us know as soon as possible (see clause 11 below). Please note, however, that You are not entitled to any refund or deduction of Fees for any period in which the Service is unavailable for any of the reasons set out in clauses 1.4, 2.4 and 8 or where You are in breach of these Terms and Conditions.

5.3 If You do not pay Fees owed by the due date specified in an invoice sent to You, We can charge You reasonable costs that We incur as a consequence of such failure by You to pay Us on time or We may require that You pay to Us a security deposit.

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6. Service Provisioning Equipment

6.1 All Service Provisioning Equipment shall remain Our property at all times.

6.2 You agree:

6.2.1 to continue at all times to possess and control the Service Provisioning Equipment unless required under this Agreement;

6.2.2 to keep the Service Provisioning Equipment in good condition;

6.2.3 not to alter or remove any labels or other markings which are on the Service Provisioning Equipment when delivered and not to tamper with or remove any integrated circuit, component or protection facility contained in the Service Provisioning Equipment;

6.2.4 not to permit anyone other than Us or Our agents to carry out any repairs or maintenance to the Service Provisioning Equipment; and

6.2.5 to return the Service Provisioning Equipment promptly to Us upon termination or cancellation of this Agreement and to return any Service Provisioning Equipment which is replaced by Us for any reason. We will send out to You a return pack to enable You to do so. If You do not return such Service Provisioning Equipment and Software, We reserve the right to charge You the replacement cost of such Service Provisioning Equipment and Software as specified in the Order Form. Where You still fail to return Our property, We may be forced to take legal action against You in order to recover this and may charge You for the reasonable costs incurred by Us for this.

6.3 If, during the Term, the Service Provisioning Equipment is faulty or fails to work because there is a defect, then You should let Us know as soon as possible and We will ensure that We repair or replace the Service Provisioning Equipment. You will not be charged for this.

6.4 If the Service Provisioning Equipment becomes damaged or breaks down for any reason that is not due to Our fault, negligence or a defect in the Service Provisioning Equipment or if You lose it or You fail to return it to Us on termination or cancellation of this Agreement, then We will invoice You for the replacement costs of such Service Provisioning Equipment as specified in the Order Form.

6.5 You may be required to pay a security deposit to Us in order to cover any damage that may occur to the Service Provisioning Equipment whilst it is in Your possession and which is not attributable to any defect in the Service Provisioning Equipment (such security deposit to be charged at the then current rate set by Us as specified in the Order Form).

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7. Installation and Configuration

7.1 Before You can use the Service, You must install the Service Provisioning Equipment and activate the Service (in accordance with the instructions provided to You with the Service Provisioning Equipment). The configuration and installation activities and the provision of the Service under this Agreement are subject to Your personal computer meeting basic requirements for configuration as specified in the Order Form. We cannot be responsible for any damage that may arise or any failing of the Service where You do not meet such requirements or do not follow these instructions.

7.2 If You notify Us by phoning Our customer helpdesk at the number set out in Clause 11 that You require Us to assist in the installation of the Service Provisioning Equipment and Software, You agree:

7.2.1 that Our agents may configure Your personal computer to allow access to the Service and install the relevant Service Provisioning Equipment and Software and that You have the right to grant Us such access;

7.2.2 that You are responsible prior to such to back-up data on Your personal computer and inform Us if any reconfiguration or installation by Us is likely to invalidate any support arrangements or other functions of Your personal computer;

7.2.3 that We reserve the right not to configure Your personal computer or install the related Service Provisioning Equipment or Software as We deem appropriate and at Our discretion;

7.2.4 that We will not be liable for any loss or damage (including loss of data) suffered by You or any other person arising directly or indirectly from Our configuration or installation activities and that is not attributable to Our negligence or a failure on Our part to provide a reasonable standard of service; and

7.2.5 that You have the right to and shall grant Our employees or agents access to the premises in which Your computer is held in order to carry out such installation.

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8. Limits on Our Liability to You

8.1 We shall not be liable for any failure, suspension, or termination of access to the Site or any Content arising out of a force majeure event. A "force majeure event" means an event that is outside of Our control including, without limitation, failure of infrastructure, government intervention, wars, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.

8.2 Although We will of course uphold Your statutory rights at all times (including Your right to receive a reasonable standard of service), We cannot give any promise as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through the Service or any Content.

8.3 Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We cannot promise that the Service will be available uninterrupted and in a fully operating condition. Because We are not responsible for the Content, We will not be liable for any damage or offence that may be caused to You or Designated Users arising from such Content.

8.4 We will not be liable for any damages, including indirect or consequential losses that were not contemplated by Us prior to Your use of the Service and whether in contract, tort or otherwise, arising in connection with a breach of these Terms and Conditions by You or a Designated User or other Service user or that is not directly attributable to Our negligence. Where We are liable for direct loss this will be limited to a maximum of the total price of the Fees paid or payable for the Commitment Period.

8.5 Nothing in these Terms and Conditions of Use shall exclude or limit Our liability for fraudulent misrepresentation or, for death or personal injury caused by Our negligence.

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9. Termination

9.1 Unless otherwise specified in the Order Form, We may terminate this Agreement at any time by giving at least one calendar month's notice to You or immediately by notice to You if You breach any of the Terms and Conditions of this Agreement or where We are required to do so by law.

9.2 In addition to Your right to cancel the Agreement as explained to You in clause 4 above, You may terminate this Agreement by calling our Customer Support Helpline at the number set out in clause 11 in the following situations:

9.2.1 by giving Us seven days notice if We increase the Fees or otherwise notify You of changes to this Agreement in a way that limits Your rights; or
9.2.2 at any time by giving us notice, provided that this Agreement will then terminate at the end of your current billing period (as stated in your most recent bill). However if You terminate this Agreement under this clause before the expiry of the Commitment Period, You will be required to pay to Us or We may be entitled to deduct from Your account, a sum equivalent to the amount of Fees You would otherwise be required to pay to Us until the end of the Commitment Period; or
9.2.3 at any time where You wish to apply for a substitute broadband service offered by Us. If Your application is accepted the existing Agreement will be terminated and a new Agreement will be automatically entered into on the terms of the new Order Form You will be asked to complete. The Commitment Period specified in the new Order Form will apply and thereafter, a reference to “Agreement", “Order Form", and “Service" shall be construed to refer to the substitute broadband service You have applied for which has been accepted by Us.

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What happens on Termination?

9.3 If this Agreement terminates for whatever reason, on such termination:

9.3.1 all licences, rights and privileges granted to You under the terms of this Agreement shall cease;
9.3.2 You will promptly return the Service Provisioning Equipment to Us in good condition; and

9.3.3 if You have paid any Fees in advance for the period after the Commitment Period, We will either repay these Fees or apply them towards any money owing from You.

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10. General

Assignment/Transferring this Agreement to another Person

10.1 We may appoint agents, assign or sub-contract the whole or any part of Our rights and/or obligations contained in this Agreement to any person at any time. If any Term or Condition of this Agreement becomes or is declared illegal, invalid or unenforceable for any reason, such Term and/or Condition will be deleted without effect to the remainder of this Agreement. You may not assign or otherwise transfer any of Your rights or obligations under this Agreement.

Third Party Rights

10.2 This Agreement does not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 which means that a person who is not a party to this Agreement including, but not limited to any Designated User, will not have any rights under it.

Law Governing this Agreement

10.3 This Agreement is governed by and interpreted in accordance with the laws of England (or the laws of Scotland where You are domiciled there). Disputes arising in connection with these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales unless You choose the jurisdiction of Your domicile in Scotland or Northern Ireland.

Severing Terms from this Agreement

10.4 If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent that such term is illegal, invalid or unenforceable, it shall be removed and deleted from these Terms and Conditions and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

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11. Contact Details

11.1 Our VAT number is 745 1994 04
11.2 Customer Support Helpline 0800 056 9555
11.3 Customer Support email address is support@mynow.co.uk