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Terms and Conditions

TERMS OF USE FOR THE DOMESTIC NETWORKS INTERNET BROADBAND SERVICE

1. Definitions
2. The Service
3. Personal Information
4. Domestic Networks’ Obligations
5. Your Obligations
6. Use Of The Service
7. Delivery Of Modem
8. Faulty Modem Replacements
9. Insurance
10. Modem Warranties And Liability
11. If You Must Return Your Modem
12. Intellectual Property Rights
13. Intellectual Property Right Indemnities
14. Charges
15. Limitation Of Liability
16. Term and Termination
17. Force Majeure
18. Variation
19. Miscellaneous
20. Addendum – Returns


1. DEFINITIONS

In these terms and conditions the following terms shall have the meanings allocated to them:
"Agreement" means these terms and conditions, the Price List, the Registration Details and the Technical Requirements;
"BT" means British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ;
"Charges" means the charges payable by you for the Service and the Modem details of which appear on the Price List;
"Domestic Networks", "we" or "us" means Domestic Networks of 40 Royal Lodge Avenue, Belfast, BT8 7YR;
"Engineer Visit" means the attendance of Domestic Networks personnel at the premises at the request of you or with your agreement to carry out routine maintenance;
"Modem" means the high speed modem and ancillary equipment that is purchased or leased by you from us when you subscribe to the Service that enables you to connect your PC to the public telephone network and access the Internet;
"UTV Internet", "UTV" or "UTVi" means UTV Internet of 31 Bruce Street, Belfast, BT2 7JD;
"Helpdesk Facility" means the facility provided by UTV Internet to report faults in the Service;
"Minimum Period" means a period of twelve months commencing from the Start Date, or a period of twelve months commencing from the date of the last engineer visit, whichever is later;
"Premises" means the address at which Domestic Networks agrees to provide the Service to you;
"Price List" means the price list published by Domestic Networks on the price pages of http://www.domesticnetworks.net setting out the Charges payable for the Service and the Modem, as may be amended by Domestic Networks from time to time;
"Privacy Policy" means the privacy policy governing our use of the personal information that we collect from you in connection with the Service and set out on our website;
"Registration Details" means the personal information you provide on registration for the Service;
"Service" means the Broadband service that provides you with high speed access to the Internet via your BT telephone line and using the Modem, whilst retaining the ability simultaneously to carry out voice telephone conversations;
"Service Availability Area" means a geographic area specified by BT where the Service is potentially available;
"Start Date" means the date when the Service or any part of it is first made available to you or when you first start to use the Service, whichever is the earlier;
"Technical Requirements" means the requirements to enable the Service to be provided to you;
"you/your" means the party with whom we are making the Agreement, as specified in the Registration Details.

2. THE SERVICE

2.1 Registering with the Service gives you the ability, subject to Clause 4, using a PC (of appropriate specification) and Modem, to access the Internet on an "always-on" basis at transmission speeds up to 512 Kbps.
2.2 The Service will be provided or procured by us with reasonable skill and care and in accordance with the provisions of this Agreement.
2.3 Before we can be sure that we can provide you with the Service we need to do the following:

2.3.1 perform a telephone line test and check that you are in a geographical area where you can receive the Service;
2.3.2 confirm that you have successfully installed the Modem needed for you to receive the Service;
2.3.3 activate the Service;

2.4 If we are unable to provide you with the Service because the conditions in 2.3 cannot be successfully satisfied, such satisfaction to be determined solely by us then:

2.4.1 we will notify you as soon as possible;
2.4.2 you will return the Modem to us;
2.4.3 subject to 2.4.2, we will refund any payments made for the Modem and the Service.

2.5 In the event that you move from the Premises, and you wish to continue to receive the Service, we shall terminate your Service and you will be required to register again for the Service and commit to a minimum 12 month term at our then current rates. If termination is during the Minimum Period you will be charged for the Service up to the end of the Minimum Period.
2.6 In the event that you terminate your telephone account with BT or you change the services on the telephone line on which you currently use the Service, so that the Service is unable to operate normally, your Service will terminate and you will be liable for the Charges during the Minimum Period.
2.7 BT requests that we inform you that activation of the Service may result in you experiencing a temporary loss of your analogue BT line.

3. PERSONAL INFORMATION

3.1 The Registration Details that you provide shall be true, accurate and complete. You agree to inform us of any changes to your Registration Details immediately by e-mail addressed to support@domesticnetworks.net.
3.2 We will respect your personal information and undertakes to comply with all applicable UK Data Protection legislation.
3.3 In relation to your Registration Details, you agree and hereby consent to us passing those details to UTVi and/or BT and to such other third parties as may be necessary in order to provide and operate the Service and deliver the Modem.
3.4 Use of your Registration Data will be in accordance with our Privacy Policy. If applicable, our use will however be subject to any limitations you selected or choices you made on the registration form in which you have provided Registration Details. As a member of the Service you agree that we may send you information mailings regarding the Service.
3.5 Other than as required by law, or as permitted under this Agreement, Domestic Networks shall not disclose your Registration Details to any third party without your permission.

4. DOMESTIC NETWORKS’ OBLIGATIONS

4.1 In consideration of the Charges, we shall provide the Service in accordance with the terms and conditions of this Agreement. You acknowledge that Domestic Networks’ provision of the Service and its ability to provide the Service is dependent upon UTVi and/or BT and their respective ability to provide certain parts of the Service to Domestic Networks. You acknowledge that there may be technical limitations that inhibit the activation or provision of the Service. Domestic Networks agrees to notify UTVi of any issues concerning the Service that you bring to our attention, but we cannot guarantee rectification of these issues by UTVi and/or BT.
4.2 Domestic Networks does not accept any responsibility for any defects or errors in either the Service or the Modem.
4.3 You acknowledge that Domestic Networks cannot warrant that the Service will be interruption free or that the transmission of information through the Service will be secure. The Service may be suspended for operational reasons (such as maintenance or Service upgrades) or because of an emergency. Before suspending or interrupting the Service (as aforesaid) we shall use reasonable endeavours to give you as much notice as possible.
4.4 You acknowledge that it is technically impracticable to provide the Service free from errors and/or faults and Domestic Networks does not undertake to do so. Domestic Networks customer shall have access to a helpdesk operated by UTVi to enable faults to be reported and resolved but does not warrant that all faults will be corrected.
4.5 The obligations of us to provide the Service shall be conditional upon the Technical Requirements being satisfied. You acknowledge that the Service shall not be available to you outside the Service Availability Area and that:

(a) it will only be available to you if you have a valid contract for the use of a BT analogue direct exchange line which terminates on a master socket forming part of BT's telecommunications network;
(b) you have a PC that satisfies the Technical Requirements; and
(c) your Premises falls within the Service Availability Area.

4.6 Except as may be expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
4.7 You acknowledge that due to contention on both the BT network and UTV Internet's access link, the speed of the Service may be reduced or may not be available at times.

5. YOUR OBLIGATIONS

5.1 You agree that you will be responsible for any equipment (including the Modem) that may be provided to you for the purpose of receiving the Service and that you will be responsible for all charges necessary to access and use the Service and that you will use any equipment (including the Modem) connected or used with the Service in accordance with any instructions, safety and security procedures applicable to it.
5.2 You agree to notify Domestic Networks of any proposed move of Premises.
5.3 You agree that as part of your wish to take part in the Service, some minor modifications may need to be made to your PC to make it operate with the Service. It is your responsibility to ensure that such modifications do not invalidate the terms of any warranty you may have concerning your PC. Domestic Networks shall incur no liability for any claim that your warranty has been invalidated (if applicable) as a result of work carried out by you, Domestic Networks or its agents, UTVi or BT in order to make your PC operate with the Service.
5.4 You will be allocated both a user name and a password in order to access the Service and you will be responsible for keeping your password confidential and agree to take all necessary steps to ensure that it is kept secure and is not disclosed to any unauthorised person. You will inform us upon becoming aware of any suspected or actual unauthorised use of the Service and will take all steps necessary (or requested by us) to prevent such use.
5.5 You acknowledge that Domestic Networks and/or its agents (including UTVi and BT) may give you instructions from time to time which they believe are necessary for health, safety or quality of other telecommunications services provided by BT to you.

6. USE OF THE SERVICE

6.1 You shall not use the Service:

(a) in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
(b) without prejudice to the generality of (a) above, in connection with the carrying out of a fraud or criminal offence against Domestic Networks , UTV Internet and/or BT, or any public telecommunications operator;
(c) to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights;
(d) to send or procure the sending of any unsolicited advertising or promotional material;
(e) in a way that does not comply with any instructions Domestic Networks, UTV Internet or BT has given under Clauses 5.1 and 5.5;
(f) in a way that in BT's reasonable opinion could materially affect the quality of any telecommunications service, including the Service, provided by Domestic Networks and/or UTV Internet;

6.2 Domestic Networks shall have the right to enforce such provisions set out in Clause 6.1 above by suspending or terminating the provision of the Service to you if Domestic Networks knows you are in breach of such obligations.
6.3 You will indemnify Domestic Networks and/or its agents against any claims or legal proceedings that are brought or threatened against Domestic Networks , UTV Internet and/or its agents by a third party:

(a) because the Service is used in breach of Clause 6.1 (a) to (f) inclusive; or
(b) in circumstances where you are in breach of Clause 6.2.

6.4 You will notify Domestic Networks of any such claims or proceedings referred to in Clause 6.3 and keep us informed as to the progress of such claims and proceedings.


7. DELIVERY OF MODEM

7.1 Domestic Networks, or its representative, shall deliver the Modem to either the Premises or any other location (only in the United Kingdom) notified to us by you [and for the avoidance of doubt you shall be liable for any reasonable costs incurred by us in relation to carriage, postage and packing and any other applicable duties taxes and charges].
7.2 We shall use our reasonable endeavours to deliver the Modem to the notified location by the delivery date communicated to you. You should be aware that this delivery date is not guaranteed or of the essence of the Agreement.
7.3 You shall inspect the Modem immediately upon receipt and inform us in writing within 5 (five) days of delivery of any damage or missing items from the delivery.
7.4 If you fail to take delivery of the Modem (or fail to give us appropriate delivery instructions) unless this was out of your reasonable control then without prejudice to any other rights or remedies available to us, we may store the Modem until actual delivery and charge you for the reasonable costs (including insurance) of this storage.

8. FAULTY MODEM REPLACEMENTS

8.1 In the event that Domestic Networks provides you with replacement Modem as a result of a fault which is covered under the manufacturer's warranty you must return the faulty Modem to Domestic Networks or its appointed agent within 14 days of receipt of the replacement Modem. If you fail to return the faulty Modem to us within 14 days, we reserve the right to charge you the full replacement cost for such Modem unless actual proof of postage can be provided to us.

9. INSURANCE

You will assume the risk of damage to or loss of the Modem from the moment the Modem is delivered to you. Despite you assuming this risk, until Domestic Networks has received in cash or cleared funds payment in full for the Modem, you will not be deemed to own the Modem.

10. MODEM WARRANTIES AND LIABILITY

10.1 The Modem is covered by a manufacturer's warranty. You shall be responsible for contacting and returning any registration or warranty cards to the Modem manufacturer. Domestic Networks shall not be held responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair the Modem.
10.2 Before you install the software supplied with the Modem and before you connect the Modem to your PC, you should back up or save any data on your PC.
10.3 The Helpdesk Facility can only provide technical assistance for modems suppiled by Domestic Networks.

11. INSTALLATION & MAINTENANCE

11.1 Where a home installation has been requested the provision of this service relates solely to the initial configuration of your PC and modem to enable you to use the service.

11.2 Domestic Networks or its agents including UTVi and/or BT shall not be liable for the loss of any data from your equipment during the initial installation process or any further servicing. It is your responsibility to ensure that adequate copies have been made of all data residing on your equipment prior to any installation or servicing work commencing.

11.3 Domestic Networks; customers may have access to a call out service. No guarantee is made as to the availability of this service.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 You will agree to enter into any agreement reasonably required by the owner of the copyright in any software made available to you for the purpose of accessing the Service.
12.2 You acknowledge and agree that all intellectual property rights in the Service (including, without limitation, the Modem and any associated software) are vested and shall remain vested in Domestic Networks, its agents (including BT and/or UTVi), the Modem manufacturer or their licensors, as appropriate.

14. CHARGES

14.1 The Charges shall apply from the Start Date. You shall pay the Charges in accordance with the payment terms set out on our web pages at http://www.domesticnetworks.net.
14.3 Domestic Networks reserve the right to vary the Charges at any time on giving you 28 days notice in writing.

14.4 Where you make use of the Domestic Networks call-out service, a separate charge above and beyond that levied for the service will be payable by you to Domestic Networks.

15. LIMITATION OF LIABILITY

15.1 Neither party shall be liable to the other, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of or impairment of access to any data arising in relation to this Agreement including, without limitation, Domestic Networks’ ability to provide the Service.
15.3 The liability of Domestic Networks in contract, tort (including negligence) or otherwise in relation to this Agreement is limited to the price paid by you for the Modem and the Charges in the year (commencing from the Start Date or any anniversary of the Start Date) in which the liability first arose.
15.4 Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

16. TERM AND TERMINATION

16.1 This Agreement may be terminated at anytime prior to the Start Date, however, if we have supplied you with a Modem you must either pay for the Modem or return such Modem to us (at our request) we will refund you for any payment received from you for such Modem.
16.2 After the Start Date this Agreement may be terminated as follows and the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations") will not apply to the Service:

16.2.1 by either of us on 28 days notice, unless we terminate pursuant to Clauses 2.5 and 2.6 without notice;
16.2.2 by you giving 7 days notice if we inform you of a material change to the Service or we give notice of an amendment to this Agreement pursuant to Clause 18 where such changes are to your detriment;
If you give notice of termination of this Agreement, or we terminate pursuant to Clause 6.2, during the Minimum Period and the Service is available for you to use, you must pay all Charges payable during the Minimum Period.

16.3 Either party may terminate this Agreement immediately, on notice if the other:

(a) commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or
(b) commits a material breach of this Agreement which cannot be remedied; or
(c) is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over their assets.

16.4 Domestic Networks shall be entitled to terminate this Agreement in the event that:

(a) the contract between Domestic Networks and UTV Internet or the contract between UTV Internet and BT enabling Domestic Networks to provide the Service is terminated;
(b) the service provided to Domestic Networks by UTV Internet is not of the quality deemed by Domestic Networks to be appropriate to provide the Services; or
(c) you no longer have a valid contract for the use of a BT analogue direct exchange line as referred to in Clause 4.5(a).

16.5 If any of the events detailed in 16.3 occur as a result of your default, we may suspend the Service without prejudice to its right to terminate this Agreement. Where the Service is suspended under this Clause 16.5 you must pay all the Charges due in respect of the Service until this Agreement is terminated.
16.6 In the event that Domestic Networks agrees to you terminating this Agreement before the expiry of the Minimum Period, you must pay all the Charges due up to and including the date of expiry of the Minimum Period.
16.7 Termination in accordance with this Clause 16 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either party and all provisions which are expressed to survive this Agreement or impliedly do so shall remain in full force and effect.

17. FORCE MAJEURE

17.1 If either party is unable to perform any obligation under this Agreement because of a matter beyond that party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving that party's employees), or acts of local or central Government or other competent authorities or events beyond the reasonable control of that party's suppliers, the party will have no liability to the other for that failure to perform.
17.2 If any of the events detailed in Clause 17.1 continue for more than one month either party may serve notice on the other terminating this Agreement.

18. VARIATION

Domestic Networks reserves the right to vary the terms of this Agreement or the nature of the Service (where the technical specification of the Service is varied) at any time and Domestic Networks will inform you of any such changes through e-mail, newsletter or such other medium, as Domestic Networks considers appropriate.

19. MISCELLANEOUS

19.1 The Agreement shall be governed by and construed in accordance with Northern Ireland Law and the parties hereby agree to submit to the exclusive jurisdiction of the High Court of Northern Ireland in respect of any dispute or matter arising out of or in connection with the Agreement.
19.2 This Agreement constitutes the entire agreement between the parties and supersedes representations, communications and prior agreements (oral or written). This Clause shall not apply to any statement, representation, or warranty made fraudulently, or to any provision of this Agreement that was induced by fraud for which the remedies available shall be all those available under the law.
19.3 Any notice or other communication to be given under the Agreement must be in writing to the other party and may be delivered or sent by email, pre-paid first class letter post or fax transmission at the party to be served last known address. Any notice or document shall be deemed served if delivered, at the time of delivery; emailed, at the time of delivery to your email server; posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.
19.4 This Agreement shall not be assigned, sub-contracted, novated, sub-licensed or otherwise disposed of by you. Domestic Networks reserves the right to assign, sub-contract or otherwise transfer its obligations to provide the Service and/or supply the Modem to any third party.
19.5 The illegality, invalidity or unenforceability of any provision this Agreement shall not affect the continuation in force of the remainder of this Agreement.
19.6 A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms. This clause does not affect any right or remedy of any person that exists or is available or otherwise than pursuant to that Act.

20. ADDENDUM – RETURNS

20.1 Not withstanding section 16 of this agreement, you may return any goods to us within seven days of receipt and we will fully refund all monies received in relation to those goods.

20.2 Before returning any goods to us under the terms of section 20.1, you must contact us at the e-mail address listed on our website at http://www.domesticnetworks.net and we will issue a returns authorisation number and further instructions. All returns must be sent to the address stated on our website as above.








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