AGREEMENT FOR THE PROVISION OF SERVICES FOR INTERNET ACCESS

TERMS AND CONDITIONS

If you have ordered the Services which are to be provided under this Agreement by email rather than by personal attendance at Connect>MK’s premises, or it has been sent to you at your home address, and you are not a business customer , then the Distance Selling Regulations will apply to this Agreement.

If those regulations apply, then you have the right to cancel this Agreement at any time within seven days from the date upon which you receive this communication, unless Connect>MK has started to provide the Services within that seven day period.

If the provision of the Services starts within the seven day period mentioned above, then your right to cancel the Agreement will end at the time the provision of the Services commences.

If you choose to cancel this Agreement within the time period set out above you should write or email Connect>MK at the address shown in this Agreement, stating that you wish to exercise your right to cancel under the Distance Selling Regulations.

THESE TERMS AND CONDITIONS MUST BE READ IN CONJUNCTION WITH THE ACCEPTABLE USE POLICY (AUP) ANNEXED TO THIS AGREEMENT. BOTH THESE TERMS AND CONDITIONS AND THE AUP MAY BE SUBJECT TO CHANGE FROM TIME TO TIME. Connect>MK RESERVES THE RIGHT TO ADD TO AND/OR AMEND THESE TERMS AND CONDITIONS OR THE AUP AT ANYTIME. SUCH ADDITIONS AND/OR AMENDMENTS SHALL BE PUBLISHED ON THE COMPANY’S WEBSITE AT WWW.CONNECTMK.NET. ANY ADDITIONS OR AMENDMENTS TO THE TERMS AND CONDITIONS WILL BE DEEMED TO BE ACCEPTED BY THE CUSTOMER IF THE CUSTOMER CONTINUES TO USE THE SERVICES AFTER A TWO WEEK PERIOD FROM THE DATE OF PUBLICATION ON THE WEBSITE.

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE SIGNING THIS AGREEMENT.

If there is any term that you do not understand or do not wish to agree to, please discuss it with us before signing.

ONLY SIGN THIS AGREEMENT IF YOU WISH TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS

You can contact the Company at any time by writing to Connect>MK at 1 Saxon Gate East, Central Milton Keynes, MK9 3HG, or by emailing us at info@connectmk.net

Any notices served under this agreement should be served by post or email to the above address

1. Definitions

1.1 “the Company” means Connect>MK Limited (Company No. 06287565) whose registered office is at 1 Saxon Gate East Milton Keynes MK9 3HG
1.2 “the Customer means of
1.3 “the Services“ means the services provided by the Company as detailed in Schedule 1 to this Agreement for the provision of broadband access to the internet when using appropriate equipment
1.4 “Service Description” means the description of the Services as set out in Schedule 1
1.5 “AUP” means the Company’s Acceptable Use Policy which accompanies these Terms and Conditions

2. Provision of Services

2.1 The Company will provide the Services to the UK address you give us
2.2 Except as provided for below and subject to the matters set out in the Company’s AUP and Privacy Document, the Company will provide the Services to the Customer from the date of this agreement for a minimum period of twelve months (unless this Agreement is terminated sooner as provided for later in this Agreement). After the expiration of the minimum period the Company will continue to provide the Services from month to month until this Agreement is terminated by at least one month’s notice in writing given by either the customer or the Company.
2.2 The Customer must at all times comply with these Terms and Conditions, the AUP and the Fair Use Policy copies of which will be supplied to you with these Terms And Conditions. Sometimes, the Company will need to change the Terms and Conditions and AUP to ensure that it complies with all relevant laws and regulatory requirements, and/or to bring them into line with common industry practice. Details of all such changes will published online at our website. You will be bound by any such changes.
2.4 Sometimes it may be necessary to change the Service Description set out in Schedule 1, and to make changes to certain technical specifications, to improve the quality or effectiveness of the Services. Occasionally when this happens, there may be some interruption to the Services. Steps will be taken to restore the Services as soon as is reasonably possible. On some occasions, when making such changes, it may be necessary to interrupt the Services. The Company will give the customer not less than 30 days notice setting out details of any such changes before the changes are made (unless the changes are required by law and there is not sufficient time to give 30 days notice), and details of all such changes will published online at the Company’s website.
2.5 Whilst the Company will use all reasonable endeavours to maintain the Services as set out in Schedule 1, the Customer acknowledges that due to the nature of the technology involved in the provision of the Services, the Company cannot guarantee or warranty that the Services will at all times be provided in accordance with the Service Description. If and when problems do arise with respect to the provision of the Services the Company will take steps to rectify the situation as soon as reasonably practicable.
2.6 Performance of this agreement is deemed to have commenced once the Customer has been advised of an activation date for the Services.
2.7 The Company shall be responsible for the provision of internet services only and will not be responsible for installation of modems, microfilters or other equipment (including but not limited to cabling) necessary to receive the Services, all of which are the customer’s responsibility.
2.8 The Company may monitor and record calls relating to customer Services for training purposes and to improve the quality of our customer Services. Calls to the emergency Services may also be monitored.

3. Charges and Payments

3.1 The Customer agrees to pay the Company’s proper charges as set out in the Schedule of Prices which appears in Schedule 1 at the end of this Agreement which, save where costs may vary according to usage, will be charged monthly in advance as well as any late payment charges.
3.2 All set up charges shall become due and payable immediately upon receipt of the customer’s order. It is anticipated that the Services will commence within 10 days of the customer’s order, but in the unlikely event that Services are not commenced within 30 days of the order then, unless the Customer requests otherwise, all fees will be refunded to the Customer and the order will be cancelled.
3.3 Monthly broadband charges will normally become due and payable 10 days after the receipt of the order, by which time it is anticipated that the account will be live. In the event that there is delay in providing the Services, the first payment period under this agreement will commence on the date that the customer first becomes able to use the Services 3.4 All subsequent monthly fees will be paid on the same date in each subsequent month. The Company will bill the customer in advance for any set charges for the Services. The Customer will be billed later for any other usage charges after the event which the charges relate to. If possible, charges will appear on your next bill, but sometimes there may be a delay. 3.4 We will send any bills to the address you give us on signing this Agreement, unless you tell us otherwise. 3.4 Payment must be made promptly on the agreed payment date, or in the case of payments charged in arrear, on the next payment date after the Customer shall have been notified of the amount payable. 3.5 If the customer does not pay any sum due to the Company within 30 days from the date of the invoice requesting payment then the Company will be entitled to charge interest on the balance outstanding at the rate of 3% above National Westminster Bank PLC base rate from the date of the invoice until the date of payment 3.6 The Company reserves the right to specify the payment method

4 The Customer’s obligations

4.1 The Customer Agrees:
4.1.1 To comply in all respects with these terms and conditions and the Company’s Acceptable Use policy.
4.1.2 To pay for maintenance and other service activities relating to the Services in accordance with the Company's rates current from time to time.
4.1.3 Not to use nor permit others to use the Services other than in accordance with the Company’s AUP and/or not to use the Services for illegal criminal or unlawful purposes or any purpose for which the Services were not designed, including but not limited to unauthorised use, obtaining or attempting to obtain the Services by rearranging, tampering with or making connection to any facilities of the Company, or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever.
4.1.4 .1 To compensate the Company in respect of, any loss, liability, damage and expense, including reasonable legal fees, caused by the negligent or malicious acts or omissions of the Customer or other user of the Services which result in claims for damage to property and/or injury or death to persons, and also in respect of claims for libel, slander, invasion of privacy or infringement of copyright, or any actions bought under to the provisions of the Data Protection Act, (including any amendment, replacement, or re-enactment of the Data protection Act for the time being in force), and invasion and/or alteration of private records or data arising from any information, data or message transmitted by Customer or its users, and claims for infringement of patents arising from the use of apparatus and systems of the Customer in connection with the Services.
4.1.4 .2 You will have been provided by a third party with equipment to enable you to access the internet wirelessly. Connect>MK will be responsible for ensuring that the equipment is retuned to the owners at the end of this Agreement, and will be obliged to pay for the equipment if it is not returned. If the equipment cannot be returned through your fault or your act of neglect then you must repay to Connect>MK any sums it has to pay to the owner. If the Agreement is ended within one year then the amount to be paid will be £120.00, although that figure is likely to reduce each subsequent year.
4.1.5 To be responsible for any loss damage or liability for the content of any transmission over the Services and the connection to the Services of any equipment not supplied by the Company.
4.1.6 To use all reasonable endeavours to protect and to keep confidential all software used, and not to make any attempt to examine, copy, alter, "reverse engineer", decompile, discover the source code to, tamper with, or otherwise misuse such software.
4.1.7 To comply at all times with all relevant statutory regulatory and licensing obligations in connection with accessing and using the Services.

5 The Company’s Right to Suspend or Terminate the Services

5.1 The Company shall have the right to terminate, or in its absolute discretion to suspend, all or part of the Services if:
5.1.1 It becomes aware of any actual or attempted breach of its these terms and conditions or of AUP, by the Customer or any user of the Services, and the customer fails to remedy any breach, or to take steps to prevent any potential breach,
(a) within 10 days after written notice from the Company if the breach is capable of remedy or,
(b) immediately upon notice from the Company if the breach is incapable of remedy.
5.1.2 The provision of the Services might expose the Company to criminal or civil liability of any kind.
5.1.3 If any payment due under this Agreement is not received in strictly in accordance with these Terms and Conditions
5.1.4 If the customer becomes insolvent or enters into an Individual Voluntary Arrangement or an interim order is made, or if a petition for a bankruptcy order is presented, or a bankruptcy order is made by either Party, or a voluntary arrangement is approved or an administration order is made, or a receiver or administrative receiver is appointed of any of either Party's assets or undertaking or a resolution or petition to wind up either Party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation); or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order, the other party shall be entitled to terminate this Agreement without further liability, except that the Customer agrees to pay for all sums due both up to the time of such termination and for all sums due for the remainder of the minimum contract period.
5.2 If the Services or any part shall be suspended the Company shall only restore the Services to full operation if, on the information provided to it in relation to the reason for the suspension of the Services, the Company’s reasonably considers that there is no likelihood of the restoration of the Services exposing the Company to criminal or civil liability of any kind and it is satisfied that the Customer will for the future comply fully with the AUP.
5.3 The Customer will give to the Company at least five days notice before the customer changes the address to which the Services are to be provided. The customer accepts that the Company may not be able to provide the Services to the new address, which may be out of range for the provision of the Services, but the customer will remain bound by these terms and conditions until the expiration of the Minimum Period.

6. The Company’s Liability

6.1 The Company’s liability for any damages due to any defect or non-performance of the Services is limited to those actually proven as directly attributable to the Company.
6.2 In the case of a temporary disruption of the Services, the Company’s liability shall be limited to the monthly charges paid for the Services from the date the said damages were incurred until such defect or non-performance is remedied
6.3 The Company accepts unlimited responsibility if you are injured or die as a result of its negligence or the negligence of anyone employed by the Company.
The Company also accepts responsibility for loss or damage to any physical property (but not intellectual property arising from its negligence or the negligence of anyone employed by the Company
6.4 Due to the nature of the technology involved in providing the Services the Company regrets that it cannot guarantee that the Services will never be faulty, although steps will be taken to remedy any faults as soon as reasonably possible. Where such faults do occur, the Company will have no responsibility to pay you compensation for financial loss, for any information which is lost or corrupted, or for any other loss that could not have been reasonably foreseen.
6.5 Occasionally the Company may not be able to provide the Services in accordance with this agreement because of something beyond the Company’s reasonable control. (An example of this would be disruption due to severe weather conditions). The Company will not be responsible for any delay in or failure of the Services due to any occurrence beyond the Company’s reasonable control.
6.6 The Company gives no warranties and accepts no responsibility in relation to any information received from third parties which is obtained by the customer when using the Services, or information relating to the customer obtained by third parties by means of the Services.
6.7 Nothing in this Agreement shall be construed so as to limit or exclude either party’s liabilities in respect of death or personal injuries
6.8 Nothing in this Agreement shall be construed so as to limit or exclude or to attempt to limit or exclude any statutory consumer rights of the Customer which cannot be excluded at law

7. Data Protection

7.1 The Company shall deal with all personal data relating to Customer which it acquires when entering into and performing this Agreement in accordance with its Privacy Policy. The Company shall at all times comply with the provisions of the Data Protection Act 1998 as amended

8. Assignment Etc.

8.1 The Customer accepts that the agreement for the Services is personal to the customer and agrees not to transfer or assign to anyone else or otherwise part with the Customer’s rights and obligations under this agreement.
8.2 The Company may assign or transfer this Agreement or any of the Company’s rights under this Agreement to a third party

9. Service of Notices

9.1 All notices from the Customer to the Company or from the Company to the Customer to the other shall be sent by first class prepaid post or by e-mail to the addresses set out above or to such other address or email address that either of the parties may from time to time notify to the other

10. Entire Agreement

10.1 This Agreement and the AUP and the Fair use Policy and any amendments thereto set out the entire agreement of the parties

11. Jurisdiction

11.1 The laws of England shall apply to this Agreement

12. Rights of Third Parties

12.1 No person who is not a party to this Agreement shall have the right to enforce or benefit from any provision hereof whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise