Terms & Conditions – Network, WiFi and Internet Services
Definitions
‘Seller’ means Netscendence Ltd
‘Purchaser’ means the person, company or legal entity that purchases the Goods or Services.
‘Order’ means the Purchasers official agreement or instruction to the Seller to supply Goods or Services based on these conditions of sale. No variation will apply unless agreed by the Seller.
‘Goods’ means the Goods or Services covered by these conditions of sale, and referred to via Netscendence products.
These Conditions alone shall apply to an Order subject only to any variations specified by the Seller.
Any printed or standard conditions appearing on any documents emanating from the Purchaser shall have no legal effect whatsoever. They appear in the documents only because they are printed thereon and the Purchaser waives any rights he might otherwise have to reply on such conditions.
No other agreement or understanding in any way modifying or supplementing an Order nor any promises or representations made by representatives of the Purchaser or Seller shall be binding unless confirmed in writing and signed by authorised persons of both parties.
Service Provided
Netscendence will at all times seek to provide the best possible service to each purchaser however each service has an ‘up-to’ speed. The ‘up-to’ speed is the maximum speed that the service will provide. Speeds are not affected by distance however may be affected by peak times. Netscendence will only guarantee the speed to equipment that is supplied and installed by Netscendence. Older computers may struggle with receiving the speed provided.
Restrictions on the Service
You are not permitted to download content that is illegal or to allow Our Equipment or Your Equipment to be used for any illegal activity. You risk being prosecuted if you publish illegal material in this or any other country.
You must ensure that Our Equipment and Your Equipment are not used to incite disorder, publish, disseminate or promote any material which encourages anything which is in any way pornographic, obscene, defamatory, menacing, offensive or in any way unlawful.
You are not permitted to publish any content, or link to any content, in which you or they (as applicable) do not own the right, without the prior permission of the owner of the relevant right.
You must not use or allow any of Our Equipment or Your Equipment to be used to transmit or post any material which may cause offence to others on the grounds of gender, race or religion or which may cause annoyance or offence to any person.
Unacceptable Activities
You must not use or allow any of Our Equipment or Your Equipment to be used to distribute or promote any of the following:
- the sending of unsolicited emails or forged messages or spoofing
- software which may be used for port-scanning, virus creation, packet sniffing, smurfing, hacking, Trojan horses or any other illegal or anti-social activity
- any activity which interferes with systems or networks’ ability to operate including denial of service attacks in any form
- lists of email addresses (unless all of the addressees on the list have given their explicit permission)
- the processing of personal data which does not comply with all applicable data protection and privacy laws and regulations
- links to any website(s) that host illegal content
- content designed to offend or cause needless anxiety to others
Acceptable Use Policy
The following Policy contains rules that govern your use of Netscendence services (“Service”) and forms part of the terms and conditions of use of the Service. Applying the Policy According to the Nature of Netscendence Service to you depending upon the nature of the Service you have selected:
- you may be using our hardware, software, network and / or telecommunications to use the Service (“Our Equipment”)
- you may be providing your own hardware, software, network and / or telecommunications to use the Service (“Your Equipment”)
Netscendence cannot and does not monitor content of its customer’s web space or content of chat rooms, instant messaging, email, newsgroup or indeed of any communications and therefore Netscendence cannot and does not guarantee that all of these are free of illegal material or other content considered unacceptable by others including the Internet community. This Policy applies to all of the Services you select.
Service Usage & Liability
Except to the extent required by law, The Seller shall not be responsible, and does not accept liability in agreement, tort (including negligence) or otherwise, for any damages, losses, liabilities or claims relating to the manufacture or operation of the equipment and service provided. The Seller will not be liable for any loss or damage caused by us or our employees or agents where there is no breach of a legal duty of care owed to you by us or by any of our employees or agents or such loss or damage is not a reasonably foreseeable result of any such breach.
The Purchaser is responsible for any usage of the service provided by the Seller. The Purchaser must not send communications that are offensive, abusive, defamatory, obscene, menacing, cause nuisance, or break the human rights of any other person. The Purchaser must not perform any illegal activity; this includes but is not limited to: access or publish child pornography, incite racial or religious hatred. Upload, download or transmit any information, material or software that is protected by copyright without the permission of its owner. The Purchaser must not attempt to electronically or physically access equipment supplied by The Seller without written permission from a Company Director of The Seller. The Purchaser must not attempt to compromise the network which supplies the connection to the Internet.
In summary The Purchaser must not do anything which may cause harm to The Sellers service or the network on which The Sellers service is carried. Should The Seller conclude that the service has been misused then The Seller reserves the right to immediately suspend and / or withdraw service, reclaim supplied equipment, no refund for part or annual subscription payments will be made.
Fair Usage Policy
Netscendence aims to supply the customer with the fastest possible connection based on their price plan. Some price plans are linked to a Data Allowance. Should that Data Allowance be exceeded within a calendar month then in order to protect other users restrictions may be applied to the service. Customers will be made aware of their data limit via email and will have the option either to upgrade their connection or purchase extra data allowance. Purchasers who have purchased the unlimited package will not have any restrictions on their data allowance.
If the Purchaser is unsure of what data they are consuming then they are asked to contact customer services to clarify their monthly usage.
Traffic Management Policy
To protect the performance of the network and to ensure the best experience for all users of the service, at peak times we may manage the speed of non-time critical applications such as P2P. P2P refers to certain applications that enable files and program sharing between groups of people logged on to a P2P network. Because they use uploads and downloads and are often left running 24/7, they consume significant bandwidth, even when being used by just a small number of customers.
Because a lot of P2P traffic is not time-critical – for example, downloading and uploading TV programmes or movies for later viewing – we treat P2P traffic differently from time-critical traffic (such as surfing, streaming or internet telephony) and apply speed restrictions to all P2P traffic. We manage these restrictions daily based on the demands on the network, but downstream restrictions will typically be in place 8am – midnight daily.
You can still use P2P services, but downloads will take longer during the peak times.
We may need to vary the policy from time to time to ensure the best possible experience for all our customers. The website will always be kept up to date with the latest information.
Outages
Planned Outages may occasionally be necessary for Netscendence to carry out essential maintenance or network upgrades. They will be kept to a minimum and scheduled to minimise disruption. Netscendence will provide a business hours (excludes national holidays) fault reporting helpdesk facility. The helpdesk will issue a fault reference number and will respond promptly to faults reported. Faults remedied will be advised by email. The support helpdesk can be found at: https://ucrm.netscendence.co.uk
Faults not involving Netscendence Network services or equipment. Netscendence will advise of steps taken to diagnose a fault for which Netscendence is not responsible. Netscendence will not reimburse or discount any monthly subscriptions for loss of connection.
Security
You must not do anything, or allow any third party to do anything, which will compromise the security of Netscendence equipment and you are therefore required to install and use appropriate virus checking software and security devices and to impose this same requirement on any of your own customers that use any of your Websites or Your Equipment. You must not share, or disclose to any third party, any passwords provided by Netscendence. Such passwords are your responsibility.
Netscendence Rights Compliance with this Policy is a contractual requirement. We reserve the right to suspend, restrict or terminate your access to the Service if either you or a third party accessing your Website or Your Equipment causes, or is likely to cause, our Service to be interrupted, damaged or impaired. Offending material may be removed without prior notice. We may retain a copy of such material for our records. We reserve the right to forward offending material to the police or other regulatory authorities in the event that we are requested to do so or where a complaint is made about your use of the Service and is deemed by us to be inconsistent with this Policy.
Disclosure
Should the purchaser, or any person with access to the purchasers connection have been convicted in a UK or NI Court of Law or overseas of a crime which resulted in a restriction being placed on their usage of the Internet then this must be disclosed to the seller prior to the purchasing any products. If this is not disclosed and The Seller becomes aware of any court ordered restriction, regardless of whether still in effect or spent then The Seller reserves the right to cease provision of service with immediate effect, the reception equipment shall be reclaimed, and no refund will be forthcoming.
Installation Permissions
It is your responsibility to make sure you have permission to attach the wireless receiver to outside of property for which you have subscribed to the Netscendence service for. If your property is rented or leased the obligation falls upon you as the tenant to gain the relevant authorisations from the property’s freeholder, landlord, factor or property manager to allow the Netscendence engineer to affix the Wireless Receiver to the property.
If your property is listed, registered or in a conservation area special restrictions may apply. Your local planning authority can tell you whether your building falls into this category and the appropriate permissions you need to obtain.
All CPE (Customer premises equipment) installed at the property will remain the property of Netscendence for the duration of service.
Service Level Agreement (SLA)
The SLA is only applicable to businesses and organisations that have a bespoke leased line service from Netscendence. The Netscendence Network Manager may assign different Committed Information Rates (CIR) and Maximum Burst Rates (MBR) for each radio, separately for the inbound and outbound directions.
This allows Netscendence to provide different service plans charged at different rates. However, if a customer is not active, the committed bandwidth is not wasted, it is shared among all the other active customers giving customers burstable speeds in excess of the customers contracted rate. Netscendence provides 24/7 Network Monitoring and a 99.9% availability target.
Validity
Prices and deliveries are valid for 30 Days from the date of the order. Netscendence may look to change packages and introduce new offers which will only be available to new customers. Current customers will be able to upgrade / downgrade to new packages providing they give official notice as per their contract.
Duration
The minimum contract period is on a monthly basis unless a fixed term contract is specified, after which time the contract will move onto a monthly contract cycle. If the Purchaser wishes to leave their fixed term contract before the expiry of the service then the remaining months must be paid in full. If the Purchaser wishes to change service from the fixed term contact to a revised package then the remaining payments of their current terms must be fully paid before a change is made.
Maintenance and Repair
Maintenance is provided free of charge for issues that arise due to a fault with the Netscendence service or equipment which is protected under the 12-month Guarantee period.
Where a repair is required which is not due to a fault with the Netscendence service or equipment, Netscendence will charge the customer a fee to supply an engineer to fix the reported fault, including charging the cost of any parts required for the repair. In particular, charges will apply in situations where
- the satellite dish requires replacement or realignment.
- repairs are required to any equipment purchased by the customer that did not originate from Netscendence, e.g. Routers, Switches, Printers etc.
- no fault is found.
- the fault is due to damage caused at the customer’s premises (including environmental damage).
Netscendence reserve the right to charge £50 per hour plus Vat for each hour or part of an engineer is required to work on a problem that has occurred beyond the supplied equipment.
In such situations the following charges will apply:
- £120 for a standard callout (lasting up to 4 hours within 3 weeks of registering the fault)
- £250 for an emergency callout (lasting up to 4 hours within 3 days of registering the fault)
Prices
Prices quoted herewith are only valid for an order placed for the total type and quantity, including services, and we reserve the right to re-quote in the event that the total order quantity is less than, or varies in any way, from the type and quantity detailed within this quotation.
Assignment
Netscendence reserve the right to assign our rights or obligations under this agreement to any company, firm or person(s). The Purchaser shall not pass this agreement to any third party without the express written authority of the Netscendence Managing Director.
Reselling
Netscendence strictly prohibits the reselling and redistribution of its service without the prior written permission of the Netscendence Managing Director.
Notices
If the Purchaser wishes to terminate their service then a full calendar months written notice must be provided. Any notices given mid-month will take affect at the start of the following month. If Purchaser has fixed term contract then the subscription must be paid in full.
If the Purchasher has a VoIP service where a number has been ported into the Netscendence VoIP System, a porting out charge of £75 applies to all numbers which are ported out of the system. Once a number has been ported out of the system, it can never be ported back in again.
The Seller is allowed to terminate the service immediately without written notice if any illegal activity is conducted by the Purchaser.
Payment Terms
Any service from Netscendence can be cancelled up to 14 calendar days after the day your order is accepted. Any equipment that has already been sent out must be returned and you will only be charged for the service you used. However, you will also need to pay any activation fees involved, even if they were advertised as free as a condition of you keeping the contract.
All payments must be made by a monthly subscription, unless by prior agreement with Netscendence. It is the responsibility of the Purchaser to ensure that payments have been transmitted in advance of the due payment date. Any service disconnected as a result of non-payment will only be enabled once any outstanding balance has been settled. A re-connection fee of £25 will be charged on each occasion service is restarted after disconnection due to non-payment.
Software Licences
The Seller will be responsible for all software licences provided unless otherwise stated.
Delivery of Equipment
Delivery is to customers’ site. In the event that, following prior notification of delivery to the customer, there is no person able to accept the delivery, the delivery cost will then be charged to the customer.
Warranty
All goods supplied by Netscendence come with a 12 month Guarantee against non-malicious failure. Acts of God are excluded from the 12 month Guarantee. All return costs to the Seller to be the responsibility of the Purchaser.
Confidentiality
Any agreement between the Seller and the Purchaser is confidential between the parties, and may not be disclosed for any reason to any third party without the express written authority of the other party.
Complaints
If you consider that one of our customers is in breach of this policy please send details of the incident to us at solutions@netscendence.co.uk. Please provide as much information as possible including the date, time, time zone and IP address if applicable, together with all other relevant information. These should be provided in plain text within the email and not as attachments. We will deal with all complaints received and take appropriate action where your complaint is upheld. Please allow up to two working days for a response.
Law
This proposal and any subsequent order are subject to Northern Ireland Law and any arbitration will be subject to ruling by courts within the United Kingdom.
Other
Netscendence has the right to amend or change the pricing or terms of service at any time during the service.
