Terms and Conditions of Service
The Customer's use of the Service (as defined below)
and/or acceptance of these Terms and Conditions ("Conditions")
constitute the Customers agreement to be bound by these Conditions.
These Conditions must be read in conjunction with Cotswold Community
Network's Acceptable Use Policy
which may be subject to change from time to time. It is the Customer's
responsibility to ensure that they comply with the latest edition
of the AUP in force at any given time.
These Conditions, together with CCN's AUP, explain CCN's responsibilities to the Customer and the Customer's responsibilities to CCN and to other users of the Service. The AUP in particular outlines what CCN consider to be unacceptable use of the Internet by our customers so that CCN can take appropriate steps against abusers of the Internet.
The AUP is integral part of these Conditions and, unless otherwise expressly stated, all references to Conditions include reference to the AUP.
Please note some terms used in these Conditions will have a certain meaning:
"Agreement" means these Conditions together with the applicable Service Order and AUP;
"Carrier" means any supplier of telecommunications services to CCN for the Service;
"Commencement Date" means the date when the Customer first receives the live Service.
"Customer" means the person who orders the Service. CCN may accept instructions from another person who CCN reasonably believe is acting with the Customer's authority or knowledge.
"Customer Apparatus" means apparatus belonging to the Customer which the Customer uses to connect to the Service;
"Minimum Period of Service"
The normal minimum period of service is six (6) months, renewable monthly thereafter. Where any special offer has been agreed this term will be twelve (12) months. Where available our WirelessHome unlimited tariff is subject to an 18 month term.
"CCN" means Cotswold Community Networks Ltd.,Unit G, Donkeywell Farm Estate, Quenington, Gloucestershire, GL7 5DH.
"CCN System" means the telecommunication system which CCN runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by, CCN from a third party.
"CCN Website" includes all websites which CCN may run, including www.cotswoldwireless.co.uk
"Premises" means the Customer's premises where the Service is to be received.
"Service" means the connection and supply of a telecommunications service capable of supporting IP services at the Premises and the provision of telecommunication services as detailed on our website.
"Service Order" means the Service Order document that Customer completes to apply for the Service;
"Term" is defined in clause 3.
2. Provision of The Service
2.1 The Service is described on the web site at www.cotswoldwireless.co.uk
2.2 The provisions of the Service Order are binding on CCN once CCN confirm to the Customer acceptance of the Customer's order. The Customer agrees to receive the Service and pay the fees for the Service as specified in this Agreement.
2.3 CCN will provide the Service to the Customer in accordance with the Conditions of this Agreement and with reasonable skill and care. Where it is technically impracticable to provide the Service or the telecommunications services free of faults (such as where it is impossible to achieve sufficient signal quality) CCN does not undertake to do so.
2.4 CCN will use its reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from service interruptions caused by events beyond the control of CCN, or by errors or omissions of the Customer.
2.5 CCN exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it or the accuracy of information received through it.
2.6 To use the Service, the Customer needs to supply CCN with certain details on the Customer's Service Order. CCN will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
2.7 The Customer acknowledges that the Service will depend upon the characteristics of the wireless signal quality and that it may not be possible to supply the Service. In this event CCN shall have the right to terminate this Agreement without liability to the Customer.
2.8 From time to time certain PoPs, servers, or the whole or part of the Network may be closed down for routine repair or maintenance work. CCN or its authorised representative shall give as much notice as in the circumstances is reasonable and CCN shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time.
2.9 CCN may occasionally have to interrupt the Service or change, modify or alter any technical specification of the Service for operational or commercial reasons or because of an emergency. CCN will give the Customer as much notice as possible of any planned interruption of the Customer's Service. In these circumstances The Customer shall have no claim against CCN for any such interruption.
2.10 CCN will correct reported faults as soon as possible. Should the Customer encounter a fault with the Service the Customer should report the fault by telephone to the CCN helpdesk at 0844 80 40 484.
2.11 Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:
2.11.1 redistribute, encumber, sell rent, lease, sub-license, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part;
2.11.2 disclose Service features, errors or viruses to any third party without CCN's prior written consent;
2.11.3 modify the Service without CCN's prior written consent.
2.11.4 CCN will provide up to 5 POP3 email accounts per subscription customer. Each mailbox subject to a 10MB limit. CCN reserves the right to remove e-mail from CCN servers that is left for a period of more than four months or terminate an email account that is used for spam or other illegal activity.
2.12 Subscribers to our contract free 'hotspot' services will receive a username and password providing access for the duration purchased. This is elapsed time from the time of first login, not cumulative time of individual sessions. The username and password is valid for one device at one time but not specific to any individual device.
2.13 CCN reserves the right to enforce the usage allowance relating to the tariff purchased by the customer. This is to preserve Quality of Service to all users. If a user consistently abuses or exceeds the allowance for their tariff CCN may unilaterally upgrade them to the next higher package available.
2.14 Customers may opt to move to the next higher tariff to take advantage of a higher usage allowance. Once an upgrade has been agreed a customer may not downgrade for a period of 6 months to deter abuse of the tariff/allowance framework. Alternatively a customer may purchase extra data use ad hoc at the rate being advertised from time to time.
3. Term and Termination
3.1 This Agreement will commence on the Commencement Date and shall continue for a term equivalent to the subscription period paid by the Customer until the expiry of that subscription period or the Agreement is terminated in accordance with the terms hereof ("the Term") subject to the provisions of paragraph 3.3
3.2 The Minimum Period of Service does not prevent CCN from suspending or terminating the Service under paragraphs 3 and 8 of this Agreement.
3.3 The Customer may end this Agreement after the Minimum Period of Service by giving CCN not less than thirty (30) days written notice expiring no earlier than the end of the Minimum Period of Service. If a Customer wishes to end this Agreement before the end of the Minimum Period of Service, CCN shall be entitled to charge the Customer fees which would have been payable by the Customer for the balance of the Minimum Period of Service.
3.4 The Customer may do so by writing to CCN using one of the methods mentioned in 13.1, indicating the Customer's intention to cancel.
3.5 CCN may end this Agreement immediately upon written notice to the Customer if:
3.5.1 it becomes unlawful for (i) CCN to continue to provide the Service; or (ii) CCN is required to cease the Service by a competent regulatory authority; or
3.5.2 The Customer (or a third party acting on the Customer's behalf or instruction) fail to comply with any of the material Conditions or conditions of this Agreement including the Customer's obligation to pay and the Customer does not remedy such failure within fifteen (15) days of a request to do so.
3.5.3 The Customer take (or cause or permit a third party to take) any action in breach of CCN's rights to the Confidential Information.
3.6 The provisions of this Agreement regarding Confidential Information and limitation of liability shall survive the termination of the Agreement.
3.7 Upon termination of this Agreement the Customer shall immediately
stop using the Service and the Customer's right to use Service shall
4.1 CCN shall provide the Customer with the Service for the fees as set out on the Service Order. These fees are payable in advance from the start of the Minimum Period of Service. Payment will be due on the date specified on the invoice. Except where the Service is terminated by CCN without cause or where the customer moves out of an area of network coverage, the Customer shall not be entitled to a refund of subscriptions. In the case where the service is terminated by the customer moving away from the coverage area, and they have more than 6 months of service remaining prepaid, CCN will refund the remaining period less 6 months to cover administration costs.
4.2 The Customer agrees to pay CCN all monthly subscription and other charges by Direct Debit or Credit Card. In the case of the latter a discretionary 4% transaction fee will apply. In the event of unarranged non payment CCN may charge interest on all outstanding amounts on a daily basis at the rate of 3% per annum above the base lending rate of Natwest Bank plc in force from time to time, from the date of the invoice until the date of actual payment or judgement has been enforced. Additionally, CCN reserves the right to terminate the provision of service to the Customer immediately if the Customer is in default of payment. Such termination is without prejudice to the rights of either party accrued prior to the date of termination.
4.3 The installation fee as specified on the Service Order will be collected by Direct Debit..
4.4 All fees are subject to change from time to time. CCN will contact you in the event of any such increases. Direct Debit collections will be made on or about the 15th of each month. If a subscription payment is missed CCN will collect the arrears the following month, unless by prior arrangement or agreement.
5. Customer Apparatus
5.1 The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.
5.2 The Customer shall ensure that such Customer Apparatus complies
with any applicable law. The Customer shall immediately disconnect
any such apparatus if such apparatus does not, or ceases to, conform
to applicable standards (if any) for the time being in force.
CCN reserves the right to disconnect any apparatus used by the Customer if the Customer does not fulfil their obligations under this Clause or if, in the opinion of CCN, such apparatus may cause the death of or personal injury to any person, or damage to property, or materially impair the quality of any telecommunication service provided by means of the CCN Systems, and the Customer agrees to disconnect such apparatus at the request of CCN.
6. The Customer's Use of The Service
6.1 The Customer must ensure that their use of the Service complies at all times with the Terms and Conditions and the Acceptable Use Policy available on CCN’s website.
6.2 The Customer will co-operate with CCN's reasonable requests for information regarding the Customer's use of the Service and supply such information without delay.
6.3 Where the Customer uses the Service to reach networks and services not operated by CCN, the Customer will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.
6.4 Customers using our ADSL Max product will receive a usage allowance of 2GB per month. Usage above this amount will be charged at £1 per GB, rounded up to the nearest GB.
6.4 The Customer warrants that:
6.4.1 it, as the registered user of the account, will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text
6.4.2 if the password becomes known to any other unauthorised user the Customer will inform CCN or its authorised representative immediately;
6.4.3 any breach of these obligations shall entitle CCN to immediately terminate the Service to the Customer without notice.
6.5 Use by others: The Customer acknowledges that CCN is unable to exercise control over the content of information passing over the CCN network or via the Service, and CCN hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
7. Internet Protocol Addresses
7.1 Any Internet Protocol address allocated by CCN to the Customer shall at all times remain the sole property of CCN and the Customer will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, the Customer's licence to use the Internet Protocol address shall automatically terminate and thereafter it will not use such address.
8. Breach of Conditions
8.1 CCN shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to it's network systems or security and in doing so CCN will act reasonably and fairly at all times.
8.2 CCN reserve the right to take any action CCN deem appropriate and proportionate to the breach of the Conditions.
8.3 If CCN decide that the Customer has breached the Conditions, CCN will use reasonable endeavours to ensure that the Customer is made aware of the breach without suspension or termination of the Service. However it may be necessary, due to the severity of the breach, to suspend or end the Service whilst details of the breach are investigated further. CCN reserve the right to suspend or end the Customers Account at it's sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service.
8.4 The Customer must notify CCN immediately in writing of any allegation of infringement of any intellectual property rights prompted by its use of the Service. The Customer may not make an admission relating to an alleged infringement. The Customer must allow CCN, or at CCN's election, the Carrier, to conduct all negotiations and proceedings and give CCN or the Carrier all reasonable assistance in doing so. The Customer must allow any part of the Service to be modified so as to avoid continuation of the alleged infringement.
9. Disclaimer of Warranties
9.1 THE SERVICE WILL BE PROVIDED TO THE CUSTOMER "AS IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CCN DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS FREE OF DEFECTS AND VIRUSES, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. FURTHER, CCN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE CUSTOMER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CUSTOMER'S USE OF THE SERVICE.
10. Limitation on Liability
10.1 Nothing in this Agreement shall exclude or limit liability
(a) death or personal injury resulting from the negligence of either party or their servants, agents or employees or
10.2 CCN shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for:
10.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
10.2.2 any loss of goodwill or reputation; or
10.2.3 any special, indirect or consequential losses or any destruction of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, suffered or incurred by that party arising out or in connection with the provisions of, or any matter under this Agreement.
10.3 Subject to paragraphs 10.1 and 10.2 CCN's liability to the Customer in contract, tort, negligence, pre-contract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to £250.
10.4 Each provision of this paragraph 10 excluding or limiting liability shall be construed separately, applying and surviving even it for any reason any other provision does not remain in force, notwithstanding the expiry or termination of this Agreement.
10.5 The Customer is solely responsible for any liability arising out of any content provided by the Customer and/or any material to which other users can link to through such content.
10.6 Proposals made by CCN to deliver goods or services are for information only and do not consitute a contract in themselves. A separate agreement is required between CCN and the customer to form a contract.
11.1 The Customer agrees to indemnify and hold CCN harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the Customer; and (b) any transmission or receipt of any content or message which the Customer has requested or made using the Service.
12. Data Protection/Personal Details
12.1 CCN may retain the Customer's personal data, and the Customer authorise CCN to use their personal data, for the following purposes:
12.1.1 provision of the Service to the Customer;
12.1.2 keeping of a record for a reasonable period after termination of the Customer's Service;
12.1.3 operation and enforcement of these Conditions;
12.1.4 technical maintenance;
12.1.5 providing the Customer with information about other services CCN offer, subject to the Customer's right to opt out of receiving such information;
12.1.6 legal compliance including disclosing it to any third party who CCN reasonably consider has a legitimate interest in any such investigation or its outcome.
12.2 It is the Customer's responsibility to keep the personal data that the Customer provide to CCN up to date. CCN may send notices or other information to the Customer at the address the Customer give CCN. The Customer should notify CCN immediately of any change to the Customer's personal data by sending CCN an email to email@example.com
13.1 Any notice required or permitted under the Agreement must
be in English and in writing. The Customer must send any such notice
to CCN via one of the following methods:
(a) send it to CCN Ltd., Unit G, Donkeywell Farm, Quenington, Gloucestershire GL7 5DH; or
(b) leave it at the above address; or
(c) send it by email to firstname.lastname@example.org
13.2 Any notice to be sent to the Customer will be sent either to the address which the Customer provided on the Service Order or to the email address registered with CCN.
14.1 CCN reserve the right to assign or sub-contract any or all of its rights and obligations under this Agreement without the Customer's further consent to such assignment or sub-contract.
14.2 The Customer may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior express written consent of CCN.
15. Matters Beyond The Parties' Reasonable Control
15.1 If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party's reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other for such failure to perform its obligations.
16. Proprietary Rights
16.1 All title, interests, and rights (including intellectual property rights) in the Service remain in CCN and/or its suppliers. The Customer acknowledge such title, interest and rights and the Customer shall not take any action to jeopardise, limit or interfere in any manner with CCN's (or any third party supplier's) title, interests or rights with respect to the Service including, but not limited to, using its trademarks or trade name.
16.2 Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable laws. The right to use granted to the Customer under this Agreement gives the Customer no rights to such content. If the Customer wishes to use such content, the Customer must ensure that he has the appropriate consent or licence of the content owner.
17. Amendment of These Conditions
17.1 CCN reserve the right to add to and/or amend the Conditions at any time. Such changes shall be notified to the Customer by posting on the Terms & Conditions section of the Website.
17.2 Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Website. Changes will be notified to users by posting a news article on the front page of the website.
18.1 The Agreement will constitute the entire agreement between the parties concerning the subject matter of these Conditions. It will supersede all prior and contemporaneous agreements, communications and representations (except for fraudulent or negligent misrepresentations) whether oral or written, between the parties relating to the subject matter of these Conditions, and all past courses of dealing or industry custom. The Agreement will prevail over any other conflicting written instrument or other notice the Customer may submit to CCN.
18.2 Any amendment to the standard terms of the Agreement must be in writing and signed by an authorised representative of each party.
18.3 The Agreement shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the Courts of England.
18.4 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to the Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
18.5 If any provision of the Agreement (whether in part or in whole) is held by a court of competent jurisdiction to be illegal, invalid or unenforceable the remaining provisions of the Agreement shall remain in full force and effect.
18.6 Any waiver of any breach of any provision of the Agreement will not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the Agreement. A waiver of a provision or breach of a provision of the Agreement will only be effective if made in writing and signed by an authorised representative of the waiving party.
18.7 Any licence granted under the Agreement will not create a partnership, joint venture, agency relationship or franchise relationship.
18.8 Notwithstanding any other provision in this Agreement, nothing in this Agreement will create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the Customer or CCN.
18.9 The headings to the sections of these Conditions are for
convenience only and have no substantive meaning.